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HomeMy WebLinkAboutCC 2017-06-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com of �t INC06Pp0BAEE(J Meeting Minutes June 22, 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 June 22, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:04 am., recessed at 11:59 a.m., reconvened at 2:11 p.m., recessed at 6:38 p.m., reconvened at 7.13 p.m., and adjourned at 7.13 p.m. Note for the Record. Vice Chair Russell entered the Commission chambers at 9:05 a.m., Commissioner Carollo entered the Commission chambers at 9:10 a.m., and Commissioner Suarez entered the Commission chambers at 9:12 a.m. ALSO PRESENT.• Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the June 22, Commission in these historic chambers. Th Wifredo Gort, Frank Carollo, Francis Snare: Keon Hardemon, the Chairman. Also on t) Manager; Victoria Mendez, the City Attorney; meeting will be opened with a prayer by allegiance led by myself. Please, all rise. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PRA 2487 PROTOCOL ITEM 2017 meeting of the City of Miami City e members of the City Commission are ;; Ken Russell, the Vice Chair; and nee, ze dais are Daniel J. Alfonso, our City and Todd Hannon, our City Clerk. The Commissioner Gort, and the pledge of Honoree Presenter Protocol Item Dr. Katheleen Schrank Mayor Regalado Proclamation 13 Fire Rescue Ex. Post 780 Comm. Carollo Certificate of Appreciation Rosenny Agustine Comm. Hardemon Certificate of Appreciation RESULT: PRESENTED 1) Mayor Regalado and City Commissioners presented a Proclamation to Dr. Kathleen Schrank, who has provided life-saving emergency medical care to the community at large since 1985, both as an emergency Physician and as the City of Miami Fire - Rescue Emergency Medical Services (EMS) Director. Dr. Schrank has served as an advocate for the City of Miami Fire -Rescue and the citizens, residents and visitors to the City of Miami, representing their unique needs to the State of Florida through participation and leadership within the Emergency Medical Services Directors' Association of Florida. Elected Officials proclaimed Thursday, June 22, 2017, as "Dr. Kathleen Schrank Day. " City of Miami Page 1 Printed on 0712712017 City Commission Meeting Minutes June 22, 2017 2) Commissioner Carollo recognized and presented Certificates of Appreciation to the thirteen (13) City of Miami Eire Rescue Explorers Post 780 participants and paid tribute for their unwavering community based efforts and for their support and participation at Goals NOT Guns SK In addition to raising awareness of youth gun violence, Goals NOT Guns promotes unity amongst youth and encourages community engagement, further instilling the values and development of the interpersonal skills that are essential to the community. Their participation in this effort serves to improve the quality of life in the City of Miami 3) Chair Hardemon and City Commissioners paused in their deliberations to honor, commend, and thank Ms. Rosenny Augustine for her service to District Five for the past six years as coordinator and manager of the administrative functions of the office as well as for her significant contribution in the official name designation of Little Haiti. Ms. Augustine's dedication, professionalism, and her sincere desire to be of service to the community of the City of Miami are praiseworthy. Elected Officials wished her good luck in her future endeavors. Chair Hardemon: We will now begin our presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Apr 27, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Gort ABSENT: Suarez Chair Hardemon: Is there a motion to approve the City meeting minutes ofApril 27, 2017? Commissioner Carollo: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor, say „aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. MV - MAYORAL VETOES NO MAYORAL VETOES Chair Hardemon: So I don't believe that there are any mayoral vetoes, unless he just vetoed the item that we just passed. END OF MAYORAL VETOES City of Miami Page 2 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 ORDER OF THE DAY Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. 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 the Code section about lobbyists is available in the City Clerk's Office or online at wwwmunicode. com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda today is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled -- Chair Hardemon: Everyone, please, let's have some decorum in the chambers. Ms. Mendez: Thank you, Chairman. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda; whichever occurs first. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are either being withdrawn, deferred, or substituted. Thank you. Chair Hardemon: You're recognized, sir. Daniel J Alfonso (City Manager): Thank you, Mr. Chairman. At this time, I would like to announce that we'd like to withdraw RE. 7, and defer RE. 10 to the 7/13 -- That's July 13 agenda. We -- there's been some talk about FR. 3. I would like to have a discussion on FR. 3; to have discussion so that we can get direction from the City of Miami Page 3 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commission as to how the Commission would like for us to bring it back, so -- and it would likely then be deferred. Chair Hardemon: Is there any other item that any of the Commissioners would like to defer? Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: I'd like to continue CA.2; and then with RE.10, the only thing is that there's a lot of capital projects in there that affects our districts; at least there's one in particular in mine that's only a $6, 000 expenditure. It's part of the -- what we're doing at the community center, the playground, on 12th Avenue, and don't hold it up for another two weeks. So I don't know what would be the right way of doing that. Can we approve just that line item and defer the rest or --? Todd B. Hannon (City Clerk): I'll defer to the City Manager, but I'm -- it may be amended on the floor if that's suitable for the Administration's purposes. Commissioner Carollo: Right, but how will we go about doing that? I think it's more of a question for the City Attorney. Chair Hardemon: Right Commissioner Carollo: If it's one line item in the whole capital, can we approve that one line item, and then defer the rest? But don't hold up $6, 000 for whatever. I don't know. Ms. Mendez: Unfortunately, Commissioner I don't know what are all the changes on that item. Mr. Alfonso: I mean, I -- Chair Hardemon: I would think -- Mr. Alfonso: -- don't see a problem with that, but if -- the reason why we're deferring it, Commissioner, was because of some last-minute changes that weren't quite clear, but we can make all your changes on the floor, if that's the will of the Commission. Chair Hardemon: No. I think what would be a good idea -- you've all -- it seems to be that you've already met the advertising deadline for you know, an expenditure of that nature. Ms. Mendez: Right. I'm not worried about that. Chair Hardemon: So if he created a resolution, and in his resolution, he -- an ore tenus resolution to pass that one item -- Unidentified Speaker: Line item (UNINTELLIGIBLE). Commissioner Carollo: Right. Chair Hardemon: Not the item. Not RE (resolution) -- I'm sorry -- not RE. 10 itself, but another RE that he creates right now, and he says, `And I want to approve the City of Miami Page 4 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 transfer of, " such and such to such and such, 'from that one item, " can we do it that way? Ms. Mendez: Right. I think, in order to do that, you would have to be -- you would have to pass RE. 10; just that item as RE. 10. Chair Hardemon: But then you won't have an RE. 10 anymore, because RE.10 passed. Ms. Mendez: Right. But it's one thing to remove all the -- everything else and just pass that one versus creating a whole new other resolution. Chair Hardemon: Because what I'm asking is not touching RE.10. You continue on RE.10, but what you're doing is you're -- I move that we allocate $6, 000 to the Southwest 12th Avenue park, " right? "Second. " And then we -- and the discussion is basically -- Ms. Mendez: Right. Arguable, that one's not advertised. That's why I would do the inverse. But, I mean -- Chair Hardemon: But (UNINTELLIGIBLE) -- Ms. Mendez: -- I think they can amend the stuff on the floor. I think they know exactly what they need to do. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I don't see it that difficult, but if it is that difficult, then can I give everyone fair warning that we're going to move on with those -- the expenditures of those $6, 000, and then we'll ratify an expenditure of $6, 000 in the next Commission meeting, as a whole, with all the rest of the capital items? Chair Hardemon: Mr. City Manager, you have the discretion to spend $6, 000 and have it -- without approval, right? Okay. I think that's fair. Commissioner Gort. Commissioner Gort: Let me ask a question. A lot of the Art District, some of the funds that's moving from one side to the parks, which I need in my district to get implemented as soon as possible. Curtis Park has been closed for quite a bit now. So that'll stop the whole process for everyone? Commissioner Carollo: Commissioner, I'm not asking for the deferral; I'm asking to move forward. Commissioner Gort: Okay. Commissioner Carollo: I'm not asking for the deferral. Commissioner Gort: But you're asking to take out 6? Commissioner Carollo: Yeah. I'm saying, "Hey, don't defer this. This is $6, 000; don't defer it. " I'm not asking for a deferral. The Administration is asking for a deferral. I'm saying -- I don't have a problem, if you want to move your items and approve it. I'm not asking for the deferral; I'm actually doing -- asking the opposite. Mr. Alfonso: Okay. City of Miami Page 5 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Carollo: Don't hold some of these up. Mr. Alfonso: Commissioner, the reason why we had to defer the item is because your office submitted a number of late changes that we couldn't balance on time. Commissioner Carollo: Regardless -- and I don't know if that's the reason or not -- regardless, Mr. Manager, the bottom line is -- you know what? Delay changes, and do it next Commission meeting, and let's approve this, and then the other changes. We have another Commission meeting in two weeks. Commissioner Gort: Okay. Commissioner Carollo: You want to hold up everybody else? So let's approve this, and then we'll worry about the other items in the next Commission meeting. Very easy. I think there's a motion on the floor -- Commissioner Gort: No, let's go through -- Commissioner Carollo: --for a deferral, so let's -- Chair Hardemon: Right. Commissioner Carollo: -- remove this as a deferral, and let's pass it as is. Commissioner Gort: You can always make some amendments when the item comes up. Mr. Manager, you can always make some amendment when it comes up. Mr. Alfonso: We can make amendments on the floor. Commissioner Gort: Yeah. Mr. Alfonso: It'll just be a lot of amendments. Commissioner Carollo: Yeah. So, I think what's on the floor right now is what items we're going to defer. Let's remove RE -- Chair Hardemon: Right. Right now we have a withdrawal of RE.7, a deferral of RE.10, and a continuance of CA. 2. Commissioner Carollo: And I think -- Chair Hardemon: Are we sure that -- I mean, as a board -- I'm speaking to the board. Are we sure that you don't want to defer RE. 10 so they can come back at the next meeting? Well, actually, it'll probably be -- yeah, defer RE.10 to come back at the next meeting or so? Commissioner Gort: He doesn't want to holdup any of my projects. Mr. Alfonso: Commissioners, we can move RE.10; we'll just make a lot of amendments on the floor; that's all. Chair Hardemon: All right. Vice Chair Russell: I'm okay with that. Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 6 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: Did you get a opinion with regard to PZ (Planning & Zoning) items being deferred before the PZ agenda? Chair Hardemon: No. Vice Chair Russell: We have to wait until 2pm to officially defer PZ items, correct? What was the official --? Commissioner Gort: You can announce it. Ms. Mendez: The -- we have the opinion, so you can announce them. It depends what item it is. If it is an item that affects an applicant, so then no; you need to announce your intent and advise -- Yes, Chairman. Chair Hardemon: Would it be unless the applicant agrees to the continuance? Ms. Mendez: Correct. If the applicant agrees to the continuance in writing, then we can do it now. If it is an item that belongs to the City, the City could do it now. But if it affects anybody's due process rights -- basically, that's going to be our litmus test -- no, we cannot. We can announce our intent, but we have to do it at 2 o'clock. Vice Chair Russell: Understood. Mr. Chairman, just as a courtesy, I'd like to announce that I intend to continue PZ. 21, regarding the Coconut Grove Playhouse. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: The other thing you can do -- and we used to do this -- we used to advertise the PZ agenda for 10 a. in. and -- not that we were going to start PZ at IOa. m., but we would advertise it for 10 a. in., and so then we could defer things past 10 a. in. at any time. And so that's just a -- right? Isn't that how we used to do it? Ms. Mendez: We did that a long, long time ago, but we need to pass a resolution of some sort changing the time. It has to be an official -- Commissioner Suarez: Okay. Ms. Mendez: -- action by the City Commission. Commissioner Suarez: So, it's just an option. Just an opt -- I'm just saying it's an option. Chair Hardemon: All right. Commissioner Suarez: Okay, cool. Sorry. Didn't mean to -- Chair Hardemon: Vice Chairman -- Commissioner Suarez: -- interject. Chair Hardemon: -- is there any other thing? Vice Chair Russell: No, sir. City of Miami Page 7 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: No? Commissioner Carollo, something else? Commissioner Carollo: Yes. I just want to disclose my intention of deferring PZ.9 and PZ. 10, which is an item in District 3. Chair Hardemon: Okay. Seeing no further continuance, withdrawals, or deferral, is there a motion on the floor to approve what -- as discussed? Mr. Hannon: Chairman, my apologies. I just want to make sure. So we're now just -- the motion will be on withdrawal of RE.7 and a continuance of CA. 2? Chair Hardemon: That's correct. Mr. Hannon: Thank you, sir. Chair Hardemon: Is there any objection to the motion? Commissioner Suarez: Nope. Chair Hardemon: He's the mover; I'm the seconder. Seeing none, all in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 8 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 2378 KAREN CARTWRIGHT TO ADDRESS COMMISSION REGARDING ISSUES IN OVERTOWN. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... RESULT: PRESENTED Chair Hardemon: Now we move to our personal appearance section of the agenda. On today for a personal appearance is a long-time resident of Overtown, Ms. Karen Cartwright. Ms. Cartwright, you'll have five minutes to address this body to speak about the item that you'd like to make reference to. Welcome. Karen Cartwright: Good morning. Chair Hardemon: Good morning. Ms. Cartwright: My name is Karen Cartwright. My address is 1770 Northwest 5th Avenue, and it's under rehab at the moment. Good morning, gentlemen. This conversation is for you. Having documented by interest -- by interaction with the City ofMiami's Administration since 1995, you all should know that have witnessed the neglect, destruction of anything historical in Overtown. The blame game is still in play. So I'd like to ask, according to the City of Miami's Organizational Chart, I, as a resident, don't have a chain of command. For my personal enlightenment, what is your chain of command? Because on numerous occasions, employees assigned to the Overtown area are relocated, pulled to address issues allegedly in other areas in your districts, thus leaving Overtown neglected once again. Overtown needs more police manpower, preferably ones with diversity training and good interpersonal skills. In spite of the age-old excuse of lack of calls for service and the bidding system, are they kidding me? Stop trying to insult my intelligence. Homeless [sic] in Overtown has become the norm for the City of Miami's Administration, but not for Overtown. On a daily basis, the residents are subjected to indignities that residents in other more affluent areas continue to lobby on them. You've seen the NIMBY effect, which is "Not In My Back Yard. " There is the Pottinger decision; another old excuse being offered like a gift, addressing -- not addressing the problem. What is most insulting and frustrating is that the majority of the homeless aren't from the Overtown community. I learned during the Lotus House discussions, the length to which wealthy people will go to cleanse their consciences; meanwhile, putting my community up for auction. Whatever happened to ordinance File Number 15-0058? My last recollection was it was withdrawn 9/10/2015. We also need additional park rangers. You all keep adding green space. What about the help we, as residents, need to utilize the same? And please do not tell me the budget can't support five additional rangers. The budget appears to support individuals who show up to work, but performance wise, are dead weight. There appears to be no fair and equal treatment for part-time employees who have, on occasion, been asked to work out of class, train incoming employees, but are never allowed to gain access to a full-time position. Walk in their shoes. How would you feel having to interact with an employee you trained becoming your supervisor, because of the friends and family plan? Eight relatively new residential apartment complexes in Overtown; how many are occupied by Overtown residents? Overtown residents struggle to find code - compliant affordable homes. What happened to addressing slum and blight? Each City of Miami Page 9 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 of you are complicit in the Overtown's demise by your continued inaction and false promises. Addressing slum and blight has a new name. It's gentrification, plain and simple. By the way, I'm not on the board -- I'm not on board with Overtown NET (Neighborhood Enhancement Team) future changes. Currently, the staff meets the many needs of the community and its visitors, so no fixes are needed. Parking in Overtown, especially on Northwest 4th Avenue between Northwest 15th to 17th Streets is a disaster. The occupants of Courtside Apartments have a sense of entitlement, and refuses to adhere to the traffic rules. You all created this monster, but we have to live with it. We are privileged to have a City permit. No. I'm also tired of being diagnosed by amateur medical personnel, posing as employees to make themselves feel important, because I have the audacity to ask for services for my community. Gentlemen, I thank you for your time, and have a nice day. Chair Hardemon: Thank you, Ms. Cartwright. Mr. Alfonso, we're very aware of Ms. Cartwright. I know that you interact a lot with Ms. Cartwright in trying is to ensure that a lot of her concerns, which I believe are concerns of the community, are addressed. The -- Ms. Cartwright is not an activist. She is a resident that is very vocal about having parity in the neighborhoods. And so, a lot of the things that she says, I completely agree with. And we have to find a way to continue to service, especially that neighborhood. When Ms. Cartwright says that Pottinger is used as an excuse, I've experienced it, where officers who approach a scene or a situation that involves a homeless person will automatically scream `Pottinger. " And we know that Pottinger has a lot of -- Pottinger doesn't protect any and all activity of homeless individuals. And then just the blanket labeling of someone as a homeless person, just because they appear disheveled and they're sitting on the sidewalk, or laying on the sidewalk, it does a disjustice [sic] to the community, because when we talk about 1st Court, just south of 14th Street -- Ms. Cartwright: 1stAvenue. Chair Hardemon: 1st Avenue and 1st Court. Ms. Cartwright: I have what they call the I-90 -- I-395 corridor. I just got it lit; just asked for -- I asked for a truck to wash down the sidewalks about five months ago. And if you heard the dance I got, you'd think I wanted a German Waltz or something. Lie, lie, lie, lie, lie. I'm fed up. Chair Hardemon: It's -- Ms. Cartwright: Clean it. Chair Hardemon: --Its -- Ms. Cartwright: If you don't live it, don't give it to me. Chair Hardemon: You know, Commissioners, I made mention of this yesterday at the Omni CRA (Community Redevelopment Agency) meeting, where we had our meeting for the Southeast Overtown/Park West underneath the expressway. I mean, that space was dramatically cleaned up for us to have that meeting there. Ms. Cartwright: Yeah, like one night. Chair Hardemon: I didn't -- yeah, I didn't -- and I didn't intend for it to be that way. The reason that I asked for the meeting to be there is so it can be in the taste -- City of Miami Page 10 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Ms. Cartwright: You can see the visible -- have a visible of what actually goes on there. But all the guests like to see the royal treatment,, not the treatment I get every morning when Igo walking. Chair Hardemon: No. You're absolutely right, Ms. Cartwright. And so -- But in the Omni CRA meeting, I also made mention yesterday of a -- of -- when I was sitting right next to a gentleman who -- one of the guys who buys coke -- well, crack cocaine. He identified him as the guy that sells crack cocaine; and, you know, we just approached him and just started having a conversation with him. Within 30 seconds of our conversation, another guy walks up to him and asks him for a rock. The guy looks at him puzzled and says, "No, I don't have any rocks. " And the buyer -- potential buyer was confused. He walked away. There was a pregnant pause, a moment of discomfort, if you will, before the gentleman that was asked for the rock was asked, "Why would he ask to buy drugs from you? " The gentleman looks, says, I don't know, " and then starts to follow the guy and ask him, "Hey, why are you trying to buy drugs from me? " He then proceeds to yell at everybody that was underneath that bridge. I mean -- yeah, underneath the expressway -- Ms. Cartwright: Yeah, the underpass. Chair Hardemon: -- saying, "Who told him to buy drugs from me? " I mean, it's -- that was the cheapest police work that I've ever done in my life, and it showed what's actually happening there. The guy says he lives in the building. He has his ID (identification) that shows he lives in that building. Everyone knows that they keep drugs in that building, but for some reason, our City of Miami police force can't, you know, kind of get this thing controlled. And so, you know, with all the dollars that the Omni CRA is now putting just on 14th Street; we have St. John Apartments that are just north there on 14th Street that are brand-new places; women and children live there, and it's -- it becomes difficult for me when an officer says, "Oh, it's Pottinger; " and we know that they're coming there to buy and use drugs, and they're unbothered. You know, it's difficult for individuals who especially live in that community. You know, if you come and you're walking around the area wearing, you know, a pair of pants and sneakers, and a T-shirt, officers find it better -- or easier to approach you than they do someone who is more disheveled, and I understand. I mean, officers have to clean their own cars. They don't want to deal with, you know, making an arrest; that they think the person is going to get out in just a few hours or so. I mean, there's these realities of policing, but a reality of that community -- and I think Ms. Cartwright explained it very well -- is that there's overdoses there, there's drug sales there, there's lack of lighting there, there's lack of cleanliness there, and some of it is Code Enforcement, some of it is -- and a lot of it is policing. Ms. Cartwright: Commissioner, can I interrupt you a minute? The Police Department is being asked to be everything to everyone. Chair Hardemon: Right. Ms. Cartwright: And I refuse to blame them for the problems we have. I've gone through Commissioner Dawkins, Commissioner Dunn, Commissioner Allen, Commissioner Spence -Jones, Commissioner Teele, Commissioner Gibson; you name it, and each one asked -- like you, have asked for police officers. I am asking for police officers not to arrest people, not to harass people; I just want police officers' presence. And to blame them for the problems in Overtown -- To hold everybody accountable. We have residents who need to be held accountable. We have visitors who need to be held accountable. We need everybody on this team. This is not a one-man show. This is not Karen Cartwright's show. Karen Cartwright is fed up. And Karen Cartwright wants the City Manager, the Mayor, the Commissioners to City of Miami Page 11 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 get their act together, and get the homeless people that live in Delaware and Mexico, and everywhere else in their homes and not in mine. Chair Hardemon: And Ms. Cartwright, if we -- I think you hit it on the head. We've provided the Police with more resources to have better presence in Overtown, and that's part of the reason that -- When I drive around in Overtown at midnight, 1 in the morning, 2 in the morning -- because I live down the street. When I -- Ms. Cartwright: Well -- and you know, the fun part is I walk in Overtown at 3 o'clock in the morning. Kids -- the pools are open now. A child jumps over the pool -- over the fence, gets into the pool, uses the transformer to get into the pool. The child tells -- I tell the child, I said, "You're trespassing. You see the sign. You're trespassing. " So I go and I knock on the mother's door. You know what mother told me? "Ms. Cartwright, what are you doing out so late?" Chair Hardemon: But -- so, as I was saying, you're right. Ms. Cartwright: I'm the child's dad. Chair Hardemon: It is all -- but it's all hands on deck. Everyone has to have a sense of responsibility for what's happening there. The police have provided resources to have better presence. We expect -- Ms. Cartwright: Yeah, but they're not -- Chair Hardemon: -- we all -- Ms. Cartwright: -- there are not enough police officers in Overtown. Chair Hardemon: No, no. I understand. Ms. Cartwright: The reason they keep giving me is the bid process, or, you know, "We don't have calls for service. " There's a word that I would like to use, but I'll get thrown out of here. Chair Hardemon: But what I'm explaining to you is that there -- the CRA police, which is an additional -- it's almost an enhancement to the police force that are there in Overtown. They are supposed to be in Overtown. We do not -- Ms. Cartwright: Yeah, but they keep moving. The people who are -- who know Overtown are not being allowed to stay in Overtown. They're being moved to aid and abet everybody else. Stop aiding and abetting everybody else and fix mine. I'm tired of fixing everybody else's. I don't want you to give me a presence and then tell me, I only loaned it to you; give it back. " I don't want -- I don't like borrowing stuff. That's not good, because you lose friends that way. I want my community to function like it did umpteen and forever years ago, when I heard that it was such a wonderful place. It's not a wonderful place anymore for me. When I moved to Overtown, everybody used to tell me how had it was, how had it was, how had it was. Well, guess what? This light -skinned black woman walk in Overtown at 3 o'clock in the morning and nobody bothers me. But guess what? Now, I got to step over homeless people who tell me to walk in the street, because they are -- that's their right. They have Pottinger. And I'm not going to tell you all what I did, and I'm not going to tell you all what I said, because that will be another problem. But I made sure I walked down the street, where I pay taxes for. Like everybody else like to throw at me, "We pay taxes. We pay taxes. We pay taxes. " Well, I hate to tell them that when I pay taxes, none of it come back with my name on it. So if it don't come back for me with my name on it, then it don't come back for them with their name on City of Miami Page 12 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 it. Police, park rangers, NROs (neighborhood resource officers), whatever it takes to get my community to where it is acceptable to everybody -- all I'm asking: fair and equal treatment. I put it in entails. I tell it to people to their face, and it's like I'm talking to the air. Well, no longer, because I'm going to fight back, and nobody's going to like it. Chair Hardemon: Thankyou, Ms. Cartwright. Ms. Cartwright: You have a nice day. (Applause) Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes. Vice Chair Russell: Just a quick question for the City Attorney, please. Pottinger does not protect blockage of the sidewalk; is that correct? If an officer finds someone completely blocking the right-of-way of the sidewalk, they can ask them to move, and move them? Victoria Mendez (City Attorney): Right. You're not supposed to block the sidewalk. However, there are still -- Chair Hardemon: So -- Ms. Mendez: -- sensitivities with that, obviously. Chair Hardemon: -- what -- Commissioner Carollo: It's the enforcement. Chair Hardemon: -- but there's a lack of enforcement, so basically what you end up seeing is that -- Commissioner Gort, in your district -- because our districts mirror each other -- Jackson Hospital did something that was pretty interesting. Jackson Hospital, just off of -- what is it that? 10th Avenue? You know, across from the Subway, they used to have -- a lot of people sleep under there. Now, what was interesting about that space is that they were actually sleeping. It wasn't a place where you saw a lot of drug sales, drug buys, things of that nature. Jackson Hospital, they put these planters there -- very pretty planters -- but those planters then didn't allow people to sleep under there. It has to be some -- also enforcement that they involved with it, because you don't see not one individual there. They all were displaced. They moved from that space. Now, that area that we're talking about has a high percentage of homeless shelters. You have Camillus House. We have -- I mean, all -- you just keep naming them. Commissioner Gort: You got them all. Chair Hardemon: Rescue missions. You know, we have all kinds of places for homeless people to go, but what happens is they -- in that space, they use tents that block the entirety of the sidewalk. You have people that sit -- they use -- I mean, I'm -- I could probably count -- Personally, personally -- not being called there. I've been driving around -- or riding around with the sergeant at arms, and I've seen about four overdoses; them actually in the process of overdosing; ones that I've had to call the ambulance or the Fire -Rescue to attend to. And what they use is, they will -- they do -- they block the entirety of the sidewalk. And I've seen women, children walking down the middle of the street, because they cannot walk on the sidewalks, City of Miami Page 13 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 and so, that's what I'm saying. It's not the -- it's not Code Enforcement's job to enforce the law when it comes to blocking sidewalks. I've seen individuals set up plant -- camps, where they destroyed all of the greenery that was planted there by the City of Miami. So the money that we spend to cut the yards or plant the grass, or create the flowers, they eat it all up; and to me, it's the same thing as destroying someone's property. If I came to Jerome Shiller's home, and I stole his grass -- a block of grass, or destroyed his grass, that's criminal damage to his property. I can't -- you can't do that. So there are certain things that we have to understand. We wouldn't allow -- and I said it once; I'll say it again: If somebody was shot and killed outside of Miami City Hall every four days, this would be a different place. It wouldn't be going on here. If we had homeless people parked outside of Miami City Hall every single day, buying and selling drugs, it wouldn't be there. You can't even fathom it. You can't imagine it. And so, why is it that in these neighborhoods that happen to be black and brown that this can go on? I'm struggling with this. My mother is a police -- was a police officer. She retired. My uncle was a retired detective for the City of Miami, as well. I have former Army -- my mother was in the Army; other veterans in my family. I mean, my grandmother had 15 kids, and at least nine of them gave their service to the Army, and my mother was the only female. And so, when I think about these types of things, and I think about the service that we're supposed to be providing to these neighborhoods, I just -- I have a hard time understanding why we're having these issues, because I don't think that the Chief is a had guy. I don't think the Chief doesn't want these neighborhoods to be safe, and there not to be all these issues. And it takes a holistic approach to it; I certainly agree, but there are some things that need some enforcement. It's just like we're not really getting it. And we put people like Ms. Cartwright or Ms. Dawkins or any of the ladies from Hadley Park who want to say, "Hey, get off of our block with this nonsense, " we put them in danger, because now they -- they're basically citizens on patrol, trying to enforce something that they really don't have the authority to do. And so it's very, very difficult, Commissioners, with this. And this is a problem that is -- you know, it's -- I -- Commissioner Carollo: I'm with you. It's also happening in Bayfront Park, it's happening in downtown Miami, and it's happening in Little Havana. I'm with you. Chair Hardemon: The difference -- Commissioner Gort: The whole City of Miami -- Chair Hardemon: Right. Commissioner Gort: --is used because of the problems. Chair Hardemon: But the thing of -- the difference, though, is this: Overtown is known throughout this country as the place to buy the best drugs. They overdose, and people keep coming. Furthermore, because -- and if you're arrested anywhere in Miami -Dade County, you get released from the jail on 14th Street. You don't have to pay to get to Overtown; commit a petty crime, and you'll get there. Commissioner Carollo: You're there. Chair Hardemon: And you walk done the street in your plastic slippers to Overtown to buy and sell drugs in the same place that we all know that they're buying and selling it from, and that becomes part of the issue. And so, when we have our County Commissioners fight because they don't want people released in their backyard, here they are releasing them not only in our back yard; in our front yard, in our side yards. They release them right there in our community. There's no equity in it. There is no, "Maybe on this day we'll release there, and on that day" -- No. They City of Miami Page 14 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 release everyone and -- everyone there. And there was a time, when I look at the minutes from many, many years ago, when the entirety of the City of Miami was fighting Miami -Dade County, saying, "Listen, no more of these types of facilities in our neighborhood, " because the downtown area was fighting with Overtown community and was fighting with the Omni area to say, "No more of these types of facilities, because we need better neighborhoods, " and these deteriorate neighborhoods. The more of these types of developments, the more of this homelessness, the more of this -- it deter -- it continues to deteriorate the neighborhood. And so, when we're trying to reinvigorate a neighborhood, this is destroying it. And so, what Ms. Cartwright I know is asking, and I know everyone who's at least from my district, and who especially that lives right near 7th Avenue, like I do, like Commissioner Gort represents, would appreciate some help with this, because no one wants to criminalize homelessness, but the City of Miami has gone above and beyond to address homelessness, and that's not what we're talking about. We're talking about the criminal activity that exists, that is couched in a homeless veil that we know is not homeless activity. And so, we want to get rid of this element from our neighborhoods, because it is destroying these areas. And it shouldn't take a luxury development, an influx of residents from some other place with other means to make our neighborhoods livable, because neighborhoods can be safe if they're white, black, Spanish, or Asian. I'm not going to play this game where, "Oh, it's " -- "all minority communities are unsafe. " That's [expletive]. Not all minority communities are poor. That's [expletive]. So, yes, there are some issues that we have with some of our residents in every neighborhood, because the last time I checked, the grow houses are not in black communities, but we need help addressing these issues, because we can't put it on the back of our seniors. We can't put it on the back of our residents. It's just not safe enough for them to do it. There are time - - I confessed to the Manager. I was walking down the street of Overtown, and a guy looked mein my face --and I didn't have a sergeant at arms. I was just by myself -- and he was upset about something. I knew him from the neighborhood. He was misled. And what he said tome was, I wish I had my gun right now; I'll shoot you right now. " My gun was in my car. So I didn't call the Chief. I didn't call the police. It's okay. But understand that now I know who I'm dealing with the next time I see him, and I'm carrying my firearm, because, like every other person, I have a right to carry a concealed weapon, because I have a license. I do have an amendment right to carry one. And I deserve to go home to my family, just like everyone else does; just like a police officer does, just like a corrections officer, just like our seniors, and everyone else. And no one deserves that. So this kind of stuff is -- it has to come to an end. So, if I'm a visitor to Overtown, because I'm there, I should feel safe, just like the people who are residents of Overtown and every other place. Commissioner Gort. Commissioner Gort: I'm glad this came up now, because I have a discussion item today that's going to address some of that and some of the answers that I think it can be implemented. So, I'm glad this came up this morning. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: Thank you. And I'd like to thank Ms. Cartwright for coming to speaking -- and speaking on this issue. The homeless crisis is not going away; it's not getting better. And with the resources we have, everything we can do, as hard as we try, is a Band-Aid on a critical wound. The numbers of homeless in the street and in shelter haven't changed in the last 10 years. To move this needle, we as policymakers have to recognize the crisis as something we can change from a policy perspective for the middle and long term. The short term, we have to do what we can with the resources we have. But if we don't address the middle and long term -- and City of Miami Page 15 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 I'm talking about more units of shelter and more units of housing to graduate people from shelter -- we will not change the numbers; we will not move the needle. Chair Hardemon: But Vice Chairman, I'm not talking about -- Vice Chair Russell: I understand. Chair Hardemon: -- homelessness. You're right. Vice Chair Russell: Yeah, I understand. Chair Hardemon: When it comes to homelessness, you're right. But the people that we're discussing, these are not the homelessness [sic]. This is not -- When someone travels from, as Ms. Cartwright said, Delaware, they're not coming here because they're homeless. Vice Chair Russell: But they end up being homeless in our streets, and they fall under that same umbrella of someone who's not under shelter at night that is in our streets, whether it's crime, whether they're just sleeping. And these numbers -- we're moving numbers around. And the resources are not there to solve the problem. We don't have enough officers to solve the problem. There are Pottinger -- and that's why I brought up the question. Pottinger -- I mean, if there is an issue of sidewalk blockage, Pottinger is not an excuse for that, but the crime is an issue, the drugs are an issue, the psychological problems are an issue, and all those things have so many different angles to look at it, but where we can move the needle in the middle and long term, I continue to push that we complete -- continue to seek that ladder for people to climb out of homelessness into shelter, out of shelter into housing, and out of housing into jobs. And I don't mean to distract from your point, because it's very well taken, but while we're speaking about it, I just wanted to take that opportunity. Chair Hardemon: Thank you. The --if the Mayor has signed Commissioner Suarez' item, I mean, you can call Commissioner Suarez back, because he would be -- Vice Chair Russell: He's on a boat. Chair Hardemon: -- he'll be -- Vice Chair Russell: He's fishing. Chair Hardemon: -- Commissioner -- Commissioner Gort: He went out on vacation. Vice Chair Russell: Went fishing. Later... Chair Hardemon: Madam City Attorney, I want to start the Part "B" of our agenda, the Planning & Zoning items. Rodolfo Llanes (Chief of Police): Chair, may I? Chair Hardemon: No, no, no, no, no, no, no. I always learned that when an officer asks you, "Mayr " you have an option. Ms. Mendez: It's voluntary. It's voluntary. City of Miami Page 16 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: No, Chief. Go ahead, Chief. Chief Llanes: I will -- two minutes. I'm -- I was a little bit concerned about some of the talk that we had this morning, and I didn't get a chance to address it, and I just want to say something to put on the record. It's important to have a bit of history as to what the City's gone through as far as homeless to understand where we're at right now. And so, I was here when we didn't have a Pottinger Agreement, and homelessness was in the City of Miami. There was homelessness in then - Bicentennial Park, which is Museum Park today; there was homelessness under 395. And somebody in City Administration came up with the bright idea that to have a Grand Prix race in downtown Miami, we had to arrest all the homeless and throw away all their stuff. And so, that's why we have a Pottinger Agreement today. And so, when we used to arrest homeless people for being in the park after hours, there were still homeless people. And I don't want to use the Pottinger Agreement as the reason that we have homelessness. I want to encourage a change in the narrative. The key in my -- your humble servant's opinion -- to curing homelessness is not more roofs. The person that has a dependency issue or a mental issue, putting a roof over their head does not solve the problem, because they will continue to use and lose that roof that you gave them, or they will continue to have mental issues and not be there. So if we do not address those two things, there will be no solution to the homeless issue. And so, I just wanted to give you a little bit of history and hope that maybe a little thing that I said will stick in somebody's mind, and we will change the narrative of having more roofs to solve homelessness. Chair Hardemon: Thank you. Chief Llanes: Thank you, sir. Chair Hardemon: Chief for Governor. That's pretty good. That was pretty good. END OF PERSONAL APPEARANCES City of Miami Page 17 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PUBLIC COMMENT PERIOD FOR REGULAR ITEMS) Chair Hardemon: And so, at this time, what I'd like to do is move on with the regular agenda. I'm going to open the floor for public comment at this time. If you're here on any item that's before this Commission that is on the morning agenda -- so that is your consent agenda, your public hearings, your first reading ordinance, and resolutions -- now is your opportunity to speak to this body. State your name, your address, and the item it is that you're here in support of. You have two minutes to address the body. You're recognized, Mr. Mayor. Mayor Tomks Regalado: Thank you very much, Mr. Chairman. Good morning again, Commissioners. I'm here in -- to talk about two items in this agenda. Discussion item DI4 has been placed by the Administration, and it's a discussion item that the City Commission will have throughout the day on the proposed bond issue; especially naming the General Obligation Bond that we hope will go to the voters on November 7 of 2017 in the General Election of the City of Miami. As I said several month ago, I would respectfully request that you consider naming this bond issue "Miami Forever, " and the reason is that this bond issue, it's about the present but also about the future. As a matter of fact, tomorrow, Saturday, and Sunday, we will have in South Florida, especially in Miami Beach and the City of Miami, about 300 Mayors of cities throughout the United States. I have been invited by the U.S. (United States) Mayors' Conference to participate in several seminars Friday and Saturday. And on Saturday, Mayor Garcetti, of Los Angeles, has called for a press conference at 2 p.m. for different Mayors of the country to talk about climate change, sea level rise, and the need for the cities to step up. We are, of course, one of the signers of the more than 700 Mayors that signed a letter in support of the Paris Accord. And in Miami Beach and in the City of Miami, where the Mayors will be meeting, we will again support the Paris Accord; and also, of course, inform our colleagues, the Mayors of the United States of America, of what the City of Miami is doing. Hopefully, this board will give precise direction to the Administration to move forward with the bond issue, and come back to you for language to be placed in the ballot in November 7. And the other item that I would like to comment on is PH. 7. This is a -- I -- the Administration will say is a time - sensitive item. It was deferred once by the Commission, and it has to be discussed today, but I respectfully request that you look carefully; the disparity of awards in terms of money per unit to the different groups that are participating in the HOP WA (Housing Opportunities for Persons Living with AIDS) Project. The City of Miami is the recipient of these funds and several companies, including one that apparently is under investigation, is competing for that. But there is a group that, to me, has not been treated fair; because of the amount of money for the unit. I would respectfully request that you will modem this item on the floor so we can move forward with this resolution. Thank you, Mr. Chairman. Vice Chair Russell: Mr. Mayor, you had a specific amendment you'd like to request? Mayor Regalado: I'm sorry? Vice Chair Russell: A specific amendment to PH 7 that you'd like to request? Mayor Regalado: Yes. To increase -- to have parity in the award of money, per unit, for people with AIDS (Autoimmune Deficiency Syndrome). There is a huge disparity problem. You know, Miami Beach gets $4,000; the other group gets 2,000. So, you know, I've seen all the programs, and I know that you will have a speaker now, but I can tell you for a fact that that project, it's really working, and that we City of Miami Page 18 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 should modem this on the floor to give parity to all the projects that are being awarded. Thank you, Chair. Vice Chair Russell: Thank you, Mr. Mayor. And I do believe the bond that you mentioned, the "Miami Forever Bond, " which is a good name for it, would be your legacy on -- in the sunset of your Mayoral career. If we're able to pass this, and the Commissioners are able to come to a consensus on the projects, and the management's done a good job with the community, I'm very confident that it'll get done. Mayor Regalado: Thank you. Chair Hardemon: You're recognized, sir. Craig McQueen: Good morning. Craig McQueen, 765 Northwest 36th Street. I'm here to speak on PH 15. My colleagues, who are here with me, will --for the sake of time, will go ahead and allow me to speak real quickly. First of all, I want to thank the sponsor of PH 15. Real quick history: The Greater Miami Florida Pop Warner and Pop Warner was created by the business community and police officers to give kids an opportunity to do something other than crime. In 1929, when it started, there was no youth activities. The City of Miami is very fortunate, and we're fortunate to be at these facilities; that from Coconut Grove, Overtown, Liberty City, Allapattah, Edison, Little Haiti, you have programs there with over 30 volunteers each, unpaid volunteers each, taking care of kids, up to 3,000 -- between 3 and 5,000 kids, between June and December every year. The folks who come through the Pop Warner Program wind up to be Commissioners, police officers; and then every now and then, we get lightening in a bottle, where we have someone playing on Sunday in the Super Bowl, like Antonio Freeman. These are what we do, and that's what Pop Warner does. So again, I thank you for looking at us. I encourage each of you, starting very, very soon, to go out to these locations in the City, see what these volunteers are doing, see how the passion that these folks who are unpaid helping the kids in the City. And trust me, as a retired member of the Miami Police Department, look at the stats in those areas where those programs are at, and you'll see a definite reduction when those programs are operating. So Commissioners, thank you, thank you, thank you for even looking at us, and we really, really hope that this is the beginning of a long relationship, because these programs that we're speaking about, the youngest one is three years; the oldest one is almost 40 years old, operating in the City. So I thank you very much. Chair Hardemon: And I want to say something really quickly. Mr. McQueen: Yeah. Chair Hardemon: I refer to you as "coach" -- Mr. McQueen: Yes. Chair Hardemon: -- because that's your capacity now. And then you know that means a lot when -- Mr. McQueen: Yes, yes. Chair Hardemon: -- someone refers to you as "coach. " But I just thank you for thinking of this as an option, and Commissioner Suarez for being receptive to it, because, you know, many times we give to individual organizations, which I ask some people to apply for -- City of Miami Page 19 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. McQueen: Yes. Chair Hardemon: -- and you'd be receiving some grants for individual organizations. Mr. McQueen: Yes. Chair Hardemon: But to think of it in the term of the umbrella organization, to have support there -- so no matter who then rises to the ranks that go to a Super Bowl, you can kind of support them in that fashion, I think is a novel idea. Commissioner Suarez: Mr. Chair. Chair Hardemon: So we appreciate you bringing that up. Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. Mr. McQueen: Thank you. Commissioner Suarez: This is like a dream come true for me, and you know, to conte and see the programs in all the different neighborhoods, and the way the programs are structured, the way the leagues are structured; to see the kids, you know, not only thrive, and see the coaches that follow them year after year, and dedicate their time and their energy, and the pride that they have, and the -- you know, what they produce, the -- you know, the men -- the young men that they produce that are competing at a very high level in our community, and as was -- Chair Hardemon: And women, and women. Mr. McQueen: And women, yes. Commissioner Suarez: And women -- Ms. McQueen: Our cheers very, very aggressive. Commissioner Suarez: --and are competing at a high level. And let me tell you, you know, as he said, it's -- Major McQueen said, it's -- you know, it's something that if you go into those communities, and you see those kids, I can promise you that those are not the kids that are getting in trouble. Mr. McQueen: Right. Commissioner Suarez: Those are the kids that are -- that have a beautiful sport to play, and an opportunity to succeed, and focus on doing positive things, and I really just want to commend you, because this is really about you and your mission and your goal. It's just been --it's a dream for me to be able to sponsor this. I told you that -- Mr. McQueen: Yes. Commissioner Suarez: -- you know, when I went to Moore Park. It's been a dream for me to do this, so can I -- may I take it out of turn? Chair Hardemon: Well, part of the issue is this, though: the public comment section. So I -- you know, I have to give everybody an opportunity to speak on it, but -- Commissioner Suarez: What's that? City of Miami Page 20 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: The public comment section. Commissioner Suarez: Okay. ChairHardemon.- So let's let them finish the public comment. Commissioner Suarez: You think anybody else wants to speak on this item? Chair Hardemon: Yeah. Is there anyone else that wants to speak --? Mr. McQueen: No. I think they all collectively -- Commissioner Suarez: Yeah. Chair Hardemon: That's from your group. Mr. McQueen: -- gave me the role. Chair Hardemon: That's from your group, but -- Mr. McQueen: Yeah. Chair Hardemon: -- is there any other person that'd like to speak on RE (Resolution) -- I'm sorry -- Mr. McQueen: PH 15. Commissioner Suarez: PH 15. Chair Hardemon: -- on PH 15? Is there any other person that wants to speak on PH 15? Later... Chair Hardemon: Sir, I'm opening up the public hearing for the rest of the agenda. You're recognized. Alberto Delgado: My name is Dr. Alberto Delgado. I'm the president of the Latin Mission Ministries and the pastor of Alfa and Omega Church, which is under Latin Mission Ministry. I'll be referring to the PH 7 Program. I'm also the director of New Life Apartments. And my situation here is not understanding the -- Why is the projection of unfairness in the distribution of funds? As you can see here, we are in the HOPWA organization of programs, and we have units. And then the other -- Oh, by the way, the Mayor here said that one of the organizations was under investigation; it's not ours; I don't know which one it is, but it's not ours. So the point is here that we have units, like the rest of them do, even though we have more than them, and we are getting less funds or less help than they are. As you can see here, we have 12 units; they have eight, six, eight; and still, when the funds come, they do not give us a fairly projection; giving us the same amount of money in the units as they give them. So it's impossible for our organization not to feel discriminated here, at least to see. Give us a reason why do they get more and we get less, when we're doing the same job; and really, we're reaching even more people, because having more units, and this is not an easy thing. This is -- it's tough neighborhoods. These are things that -- right now, we got to put a fence. This really is a -- it's a tough ministry, what our church is really doing. So we are asking for a reconsideration of how you distribute these funds in a fairly basis. City of Miami Page 21 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 ChairHardemon: Thankyou, sir. You're recognized, ma'am. Truly Burton: Thank you, Mr. Chairman. Mr. Chairman, City Commissioners, and Mr. Mayor, my name is Truly Burton, represent the Builders Association of South Florida, with offices in Miami Gardens, 111 Northwest 183rd Street, in Miami Gardens. I'm hereto address FR.2 and PZ.20. I know that while PZ.20 might be taken up later on today, there might be some folks that might be coming to speak to that specifically, but I'm here to talk about both here today. Very briefly, Mr. Chair, every week, for the past probably six months, we've seen headlines about how much housing costs here in Miami. I will tell you that the BASF (Builders Association of South Florida) is working very hard, looking at all the rules and regulations that are adopted to make -- to keep the housing costs low so everyone can have a decent place to live. Back in February, this Commission did an extraordinary thing. They adopted an incentive -based program that was one of -- very innovative, creative; did not add to the cost of housing, but looked to build more units -- okay? -- was a very basic human need for shelter. I would recommend or respectfully ask that the City take the same approach for -- It's our program -- and not add another fee, which is a very expensive one, onto a building permit that would just raise the cost of housing that all of you and we -- our mutual mission is to keep it as cost-effective as possible. We don't want to overly burden anybody with fees, and this is -- strikes me as just the same. Second, the fee doesn't provide really any clear direct benefit to the City's neighborhoods, okay? For an example, a streetscape project would; additional landscaping in existing neighborhoods, sidewalk repairs, these can -- these -- I'm going to call them "small things" -- make big differences in existing neighborhoods, not just the new neighborhoods, okay? Finally, we all need to ask about priorities, okay? What are the City's priorities? I know that transit and transportation certainly is, okay? We all need to get around here easily. Possibly, a transit mobility fee might be in the wings. Second, there's been discussion about a tunnel under the Brickell Avenue Bridge; not cheap, folks, okay? And simpler things that would make every day living a bit easier; timing of traffic lights and so forth. Finally, we ask that this or any new impact fee on (UNINTELLIGIBLE), however well-meaning it might be, with all the goodies that that program could have, be revised to be an incentive -based program; not an impact fee. Thank you so much. Chair Hardemon: Thank you, ma'am. You're recognized. Rebecca Sanchez: Hi. My name is Rebecca Sanchez, and I'm an after-school teacher in Centro Mater East. Diamond Plot (phonetic): And I'm Diamond Plot (phonetic). I have been working at Centro over the summer. Ms. Sanchez: We would like to thank the Commissioner Carollo and the Mayor on behalf of giving the -- giving 25 children an opportunity to go to after school for free. If it wasn't for you, we wouldn't have a job. Ms. Plot (phonetic): So once again, we just want to thank you guys for this opportunity, and the smiles you guys are giving these 25 families, so on behalf of them and everyone at Centro, thank you so much. Ms. Sanchez: Thank you so much. Ms. Plot (phonetic): Have a nice day Ms. Sanchez: Thank you. City of Miami Page 22 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Todd B. Hannon (City Clerk): Chair, if we could get the other speaker's name. Chair Hardemon: She said -- both of them said their name. It should be reflected in the minutes. Luis De Rosa: Chairman, thank you. My name is Luis De Rosa. I'm representing -- I work -- actually, I wear two hats: The -- three: Puerto Rican Chamber of Commerce and, of course, the Dynamic CDC. And I support the Artistic Awakening Senior Arts Program at Roberto Clemente. Dynamic CDC have submitted for the last eight years, if not more, proposals to the RFP (Request for Proposals) for CDBG (Community Development Block Grant) funding. And just so you know, we're a technical assistance program. We provide microloans, "how to "; and now, I'm happy to say we're painting houses in District S for Commissioner Hardemon's initiative for seniors, as well. But we'd like to be somehow included in this process. I mean, it's been eight years, eight long years, a real long drought, and we want to be reconsidered. We got good marks. We do work -- Chair Hardemon: Which item -- Mr. De Rosa: -- as well -- Chair Hardemon: -- are you speaking oj? Mr. De Rosa: -- and we don't ask for a lot of money. Chair Hardemon: Which item you're speaking of? Mr. De Rosa: I'm sorry? Chair Hardemon: Which item is it? Mr. De Rosa: It's the CDBG item, the -- Chair Hardemon: We know there's a lot of them, so we have to identify which one. You can tell me off the record which item it is, so we can kind of look into it. Mr. De Rosa: It's the recommendation for public notice. I don't know the number. I asked the gentleman what the item is. Chair Hardemon: No, I know. Because we have PH 1, 2, 3, 4, S -- Daniel J. Alfonso (City Manager): PH 4, Mr. Chairman, 4. Chair Hardemon: 4? Mr. Alfonso: He's talking about PH 4. Chair Hardemon: Okay. Right. Thank you. George Mensah (Director, Community and Economic Development): I'm sorry, Mr. Chairman. Chair Hardemon: But that's public service dollars. You're not speaking of public service dollars; you're talking about technical assistance dollars. Mr. De Rosa: Well, I'm talking about technical. Now I'm going into public service, which is for Artistic Awakening. City of Miami Page 23 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: But the first one you talked about was public -- was -- Mr. De Rosa: Was economic development, yeah. Chair Hardemon: -- economic -- so that's PH 5, right? Vice Chair Russell: PH 5. Mr. De Rosa: Yes, PH.5. Now, Artistic Awakening -- and I want to thank Commissioner Willy Gort and, of course, Commissioner Suarez. They supported us through their Poverty Initiative Program. But I also want to take a special thank you to the Chairman, Keon Hardemon; for the last four or five years, has been supporting, through his network of folks, the Dorothy Quintana Senior Arts Program. We provide senior arts services to low-income seniors on fixed income. Remember, we don't -- there's no salaries involved in this, at all. This is all public, this is all for merchandise and service, and we're asking that you reconsider and somehow place us on this list. We're not asking for a lot of money; 30, 000, you know, for the whole year to provide people to purchase the goods and services. And as the Artistic Awakening, we submitted the proposal; we got good marks on it for Dynamic and the Artistic Awakening. And last but not least, just so you know, I want to thank the director for the City of Miami Parks Department, who's helped us out throughout the year. The Roberto Clemente Youth Baseball Team went to Tampa and became the champions. They beat out Tampa. They beat out Orlando; and I'm partially from Orlando, also, as a Puerto Rican, as you know. But I was really happy that the team representing Miami, the City of Miami, with the great name of Roberto Clemente, beat out all the teams in the State of -- in that region as the champions for this year. So I just want you -- I wanted to pass on that good news. The kids in the neighborhood are making a difference, and these programs do make a difference. And we just -- you know, next year we have a fundraiser for the Dorothy Quintana. We just raise money on our own through the private sector, but we need help from the City, as well. You guys are the, you know, big boys here, and you can make it happen, and we just ask for a reconsideration. That's all. Thank you. Juan Rubi: My name is Juan Rubi, address is 533 (UNINTELLIGIBLE) Drive, Miami Springs, Florida 33166. Thank you for the honor of speaking to the Chairman and the Commissioners, and Mr. Mayor. And this is in reference of item FR. 1, and my only comment is I would like to request a meeting with whoever needs to be there to find out about some definitions on certain terms and the actions taken due to those terms, such as "recycle material" and certain fees in accordance with what's written and what's really transpiring in the real world. That's all I got. So, if I can be directed to whom to request a meeting with, I'll be more than glad to. Thank you. Chair Hardemon: You're recognized. Deborah Stander: My name is Debbie Stander. I live at 830 Northeast 74th Street. I'm here to speak on FR.2, which is the Art in Public Places. My understanding is that the ordinance would be amended to introduce an impact fee for private development, which would be dedicated to Art in Public Places. And I also understand that a certain percentage would be dedicated to historic preservation -- historic districts, so I'm also here on behalf of the MiMo (Miami Modern) Biscayne Association, which is a preservation society for the MiMo Biscayne Historic District. I think the concept of giving back is a very well-established concept in communities all around the country. And, certainly, Miami is a gorgeous, desirable destination. It's a beautiful city. And as we've seen all these skyscrapers going up over the past City of Miami Page 24 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 seven, eight years, obviously, it's a very attractive city for developers and for people to want to invest in. And so, I think that, certainly, it's a privilege for developers to be able to build here in Miami, and I don't think that it would be at all amiss for them to contribute towards Art in Public Places and to preserving areas of the City which are not immediately being impacted --for example, older, historic districts -- so that you have a balance between new development and also putting money into rehabilitating, enhancing, beautifying; making other communities, existing established communities better, because we don't want to just ignore them and focus on the skyscrapers, the this, the that. So I certainly am in favor of this program. I think it's a -- would be a terrific incentive, and would love to see more programs like this put into place in the future. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Schiller Jerome: Schiller Jerome; address, 5830 Northeast 2nd Avenue. I'm speaking in regards to FR.3. I have a handout that I've passed out to the Clerk. The first page of the handout is in regards to the Lemon City/Little Haiti Cultural District. This was something that Commissioner Spence -Jones created back in 2008 and -- which provided 25 --20 alcohol establishments. As of today, those 20 licenses are still available. And I think the purpose of the Cultural District was to enhance the corridor and bring about revenue, jobs, and so forth, but so far, it's been zero results. And one of the reasons for that is because of the actual boundary as it relates to the school. Unlike the other districts, entertainment and special districts, our district is basically one line basically on Northeast 2nd Avenue, from 54th to 63rd Street, so it only affects the abutting properties. Where other districts are wider and have more acreage, we're basically one street, one avenue across. The main school -- the only school is located right in the center of the actual district. If you look at the second page of this handout, it's a survey that I had done, and number 6 is the actual school. When you look at a 500 feet radius, almost the whole entire corridor, the whole entire district is not affected. So the whole reason of having this district to promote events, activity, jobs, and so forth within that district is not happening because of this. The County right now, in the FR.3 ordinance, the 500 foot school distance is still there. I'm asking that it be revised to 300 feet, as it is in other districts. Currently, right now, the actual Code that is proposed has the following districts with 300 feet from school districts: Brickell Village, Brickell Riverside, Park West, Media Entertainment District. So what we're -- and also Overtown. So what we're requesting is nothing of -- is nothing special. This is something in which is -- which has been seen as being normal as it relates to the revised ordinance, so I'm asking that we consider this revision as it relates to FR. 3. Thank you. Wilkinson Sejour: Good morning. My name is Wilkinson Sejour, and I'm the owner of Chef Creole Seafood. And I agree with Schiller completely. Those licenses were given in 2009 in order to better -- looking forward for the future with entertainment, job opportunities; and of course, at this point, we can't really take advantage of them because of the 500 feet restrictment [sic]. So we would want you guys to take a look at this. And as he said, we're not reinventing the wheel. Other districts have been given the 300 feet, and the only thing that we're asking that we have that same opportunity. Chair Hardemon: We -- just so you all know -- Schiller, as well -- if I can grab Schiller's attention so he doesn't miss it. I want you all to know that I intend on helping relax the distance requirements so that they can have some success there. The item that's on the agenda today, I didn't -- I agreed with the Administration on it. I gave them my word that I would not make amendments to that one and actually bring a separate item so that that item can travel without any major revisions, but I don't believe that that's going to happen; meaning that item is not going to travel City of Miami Page 25 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 without revisions. We probably won't hear the item today, so what you'll see is a separate item, most likely; if not, then there'll be some changes to the item that is on the agenda today that would include some changes to make, if possible, for establishments to be able to serve alcohol in that district. Okay? So I just want you to know what my intentions are. Mr. Sejour: Okay. Chair Hardemon: Okay. Mr. Sejour: Thank you, guys. Chair Hardemon: Thank you. Sir, you're recognized. Terrell Fritz: Good morning. Terrell Fritz, 111 East Flagler Street, and working with the CBD (Central Business District) property owners to explore a new Business Improvement District; here to speak on FR. 3. The item in front of you is well- intentioned and very much needed, but unlike other parts of the City, the Central Business District stakeholders were never involved in the discussion. And to use the Planning director's term, the CBD, our district, is literally being peeled off the map. I think the Planning director agrees. We met on Tuesday, this Tuesday, at 11. We saw a draft at 8:45 that evening that basically recognizes that there is a CBD and carries forward, which is the intention, the provisions of Chapter 4 that are currently in place. However, there are substantive issues still remaining. We've had one business day to review. One of our major property owners, Sergio Roc, is out of town, and I believe he's contacted you to ask you to defer. I think you can understand our trepidation after this frustrating experience. I think we'd feel much more secure if we could actually see that draft in the backup for the first reading. I don't know how you can reassure us that this is being done as was promised, and I think the Planning director agrees with that. He agreed, at least in principle, that if we were not satisfied, the item could be deferred. You can still pass it before the summer break. So I ask you again to please defer FR. 3, and if you cannot defer it, then we oppose FR. 3. Chair Hardemon: You're recognized, ma'am. Miriam Urra: Good morning, Commissioners. My name is Miriam Urra. I'm here representing Allapattah Community Action, Inc., a nonprofit organization. Our address is 2257 Northwest North River Drive, in the City of Miami. I'm here today to thank you for your continued support toward our community; especially our program that has been functioning since 1978, providing services to the frail elderly and the children, the low-income families of the community. So thank you very much. I'm not going to be here long. I just wanted thank you all; to keep up the good work for all those agencies, not only ours, that are in need of the funding so they can continue doing a good job in servicing the poor, the frail, the children. Those are the one that we need to be looking after that, and you guys are doing a great job. Thank you very much. David Lederman: Hello. Good morning. My name is David Lederman; not that David Letterman. I'm vice president and in-house council for Mana, Miami Management, Inc., Mr. Moishe Mana. We are the largest property owner within the jurisdiction of the City of Miami. I'm here today to speak and request -- respectfully request a deferral on the item that was just spoken by, by Fritz, on FR. 3. As he mentioned, we met with your director of Planning & Zoning on Tuesday, received proposed language that evening, and we've had one day to review it. I don't see how you could possibly vote, nor not give us -- or grant us a deferral till July 13 so that we can meet further with your Planning director and his staff so that we can close City of Miami Page 26 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 the gap as to where we stand today. If you are to move forward with first reading today, you do so, in my opinion, without understanding both sides and all the facts involved. Once again, we're the largest property owner in the City of Miami, and we are very uncomfortable right now at this moment in time. However, we're very optimistic we can meet with your professional staff in the next two weeks -- that's all we're asking for -- till July 13 to defer that. And I respectfully request that you defer this item. Thank you very much for your time. Joseph King: Good afternoon. Joseph King, Thelma Gibson Health Initiative, 3634 Grand Avenue, Coconut Grove. I'm here today with the president and co-founder of the agency, Merlene Barton. It's a perfect day to talk about PH.4. Thelma Gibson Health Initiative is in support of the initiative as presented. It's great today to have our District 2 Commissioner here; also, our State Representative and State Senator, and Mayor here to ask to support the bill as presented to the group for all the elderly and social services our agency does for our community. Thank you very much. ChairHardemon: Thankyou, sir. You're recognized, sir. Gary Ressler: Good morning. Thank you, Mr. Chairman. Gary Ressler, Tilia Companies, 169 East Flagler Street. Mr. Chairman, Mr. Vice Chair, Commissioners, I'm here before you this morning on behalf of downtown stakeholders to oppose the first reading of the updated Chapter 4 in its current form. In my capacity as president of the Downtown Miami Partnership; board member of the Downtown Development Authority, where I chair the Quality of Life Committee, I reached out to the Planning & Zoning Department in March of this year to discuss discrepancies we stakeholders identified in the existing update to Chapter 4. The Planning & Zoning Department's response to our constructive engagement has been one of avoidance; waiting, in cases, months to respond to emails, if at all; obstruction; and ultimately, repeated in-person concessions, followed by email reversals. This update came to our attention quite by accident when 30 years of precedent were reversed by the Zoning Administrator when he ignored Chapter 4, Section 13(a), which established an exemption of distance requirements within the Central Business District, passed in 1999. In early April, after closely studying the existing and updated language and meeting with Planning & Zoning, stakeholders provided the Department staff with analysis of the discrepancies that we identified, and at staffs request, language to rectify those discrepancies. Despite four meetings over the last three -- the last three of which resulted in consensus and agreement on resolution, the requisite changes have been resisted at every step, and the implementation of language that would align both versions has been ultimately refused. While Mr. Garcia has been cordial and cooperative in meetings, the net effect has been negligible to date; all this, with the written support and active advocacy of every major property owner in the Central Business District, dozens of business owners, every con -- almost every condo association board, including the Downtown Neighbors Alliance, an umbrella of condo association boards within the Downtown District; all that, on top of a unanimous resolution of the board of the Downtown Development Authority. We do not oppose this update; we support it with the appropriate changes. At this time, we ask that you defer the item, and instruct Planning & Zoning to follow those items updated on the unanimous resolution of the DDA (Downtown Development Authority), which has been vetted by property owners, business owners, and residents alike. Thank you for your time. Chair Hardemon: Thank you, sir. Louis Terminello: Good morning. Distribute -- Louis J Terminello, the law firm of Greenspoon Marder. My name is Luis J Terminello. I'm the chair of the Alcohol Beverage Group with Greenspoon Marder; and I've asked the Clerk to distribute a letter that is signed by myself and two of my colleagues. The three of us collectively City of Miami Page 27 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 have represented the retail alcoholic beverage industry in South Florida for many decades. And I've appeared in front of this Commission previous occasions on a number of alcohol units. I'm not here in opposi -- We strongly support the first reading to go forth, because we think that the other items -- the other issues that are at issue can be resolved. We have a few items that we wanted to point --to bring to your attention, also. I've had a different experience than Mr. Ressler has. The Zoning Administrator has been very cooperative in jump-starting this initiative, which, by the way, actually go -- dates back about five years when it first started. Your City -- Madam City Attorney can tell you that we started this initiative about five years ago with Lourdes Slazyk, who was the Zoning Administrator. And for various different reasons, the introduction of Miami 21, the introduction of a committee that was created by one of the Commissioners, we just never got here. About nine months ago, we went to Mr. Cejas about an issue that we needed to address, and that to his credit, Mr. Cejas jump-started the initiatives that have been circulating for many, many years. Quite frankly, I've been waiting five years from today, all right? Because finally, there's an item on the agenda. It's a good item. It -- rewrite is absolutely necessary, and for our purposes, we'd like to see it go forth. I believe that -- and we support -- By the way, I've seen Downtown's resolution. There's nothing in Downtown's resolution that they shouldn't ultimately get with tweaks, butt think they're better served with the creation of an entertainment district, which is the route that the City has taken for many decades. Those take a little bit more thought process. They need to be investigated. They need to be vetted. I don't think you interject them in the rewrite of Article 4. So my suggestion is that we go forth with first reading; any tweaks that have to be made can be made between first and second reading; and suggest that the Zoning Administrator and the Planning director work with Downtown for the creation of a new entertainment district, which is what you've done for along time. I was here the day the first five were created, and virtually everyone after that, and that's the right way to go. Should you go forth today -- I've circulated a letter -- I just want to touch basis on four short items with you. We are not adversarial with Mr. Cejas, and I want to make that perfectly clear. We're just agreeing to disagree on a couple of items. There are some things that we see a little differently. He sees one way; we see one way, and that's what we're hoping to bring to your attention for a conversation and possible action. The first item, item number 1 in the letter, on the bottom ofpage 1, has to -- Chair Hardemon: Counselor? Mr. Terminello: -- do with the extended hours provision. Chair Hardemon: If you can, can you state the four items, but don't get into any argument about it, because we're limited on our time? I'm sorry. Can you state the four items, but don't get into any explanation about them, because we're limited on our time? So you can put the four items on the record. We all have a copy of the four items that were disseminated, and we'll have a chance to review them at a later time. Mr. Terminello: Okay, I'll try real hard. The first item -- thank you -- has to do with the extension of hours. We think restaurants should be included in the extension of hours, not just bars and nightclubs, or bars and lounges. We think restaurants should have that ability, also, to come to -- Overriding issue is the PZAB (Planning, Zoning & Appeals Board). Everything that we're suggesting, three out of four of the items, Commissioner, that we're suggesting is that you defer to the PZAB to conduct quasi-judicial proceedings, take evidence, impose conditions and restrictions, and be the body that it's supposed to be, that it's done well over the years. Extension of hours for restaurants is one of those examples. The second item allows for extension of item for Coconut Grove Special Exception. Coconut Grove should not be treated differently than the rest of the City. This -- There's a history that goes with the City of Miami Page 28 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 creation of this ordinance, which I'm not going to go into right now. However, at this juncture, whether or not the Coconut Grove BID (Business Improvement District) agrees or disagrees, or doesn't have a position, you're treating the Coconut Grove Business District different than the rest of the City. And we think that the Coconut Grove Business District should be treated like everybody else, and just simply have the opportunity to go to the PZAB and vet an application. The third item is to the waiver of distance. Now this is a very interesting item. Every municipality and County in the State of Florida allows its lower board to waive distance limitations up to 100 percent. The City of Miami, as it stands today, has no distance limitation; and that's why, over the last 25 years, you've created a hodgepodge of different entertainment districts, because there were no -- there was no provision to allow variances to -- and that's why we have a map now with nine or 10 different entertainment districts is what you needed to do in order to make up for the fact that there were no variance. Mr. Cejas and I, we're good with this. We want the ability to have a variance, but we think PZAB should have the ability to vary; not up to 50 percent, but 100 percent. That's their job. Let them vet the application. Let them impose whatever restrictions they want. And we've also included in here the ability for the Commission to ratify any PZAB approval in excess of 50 percent, so we've put in every possible -- we're suggesting every possible protection for the residents. Last but not least, the mixed use residential buildings. Again, we have just a slight disagreement. We believe that the ones facing outside -- the venues facing outside on the ground floor the building should be included. We certainly embrace the idea of having one additional unit. I was here for the first ordinance, and then the second one that increased it to the matter of right for 400. We're asking for one more, the modern commercial buildings that are being built today; just have a requirement for small restaurants, packaged stores, and the like. But to limit these to inside the building, you're requiring people to go into a lobby and enter through a back door as opposed to enter into a front door. So we're asking you to look at that. And I thank you very much. And again, I hope you don't defer it, but if you do defer -- if you -- and if you don't, please consider these four items. I don't think a deferral is necessary, but we do support anything that Down -- that I've seen that Downtown wants. I just want to thank Mr. Cejas for all his assistance in the last nine months. We wouldn't be here today without his help. Thank you. Vice Chair Russell: If we're going to do all these amendments on the floor, I'm going to need a drink. Chair Hardemon: A Miami Mojito. Remember? Carmen Rivero: Good morning, Mr. Chairman and Commissioners. Carmen Rivero, with Mana Miami and Management, with offices at 318 Northwest 22nd Street. I'm here today to respectfully request that item FR.3 be deferred in order to give time to the stakeholders of the district and the CBD and Flagler, and to work with the Planning director, Zoning Administrator, and their very professional staff to address all the issues that are currently found within the proposed language of the legislation as it pertains to the CBD. They're currently proposing to, again, peel off the CBD as a district. We do not wish to create an entertainment district. In one word, it is not needed. The CBD already benefits from many beneficial regulations; that we do not need to add to or create a hodgepodge, as the gentleman before me just mentioned. We simply request that we can keep the CBD, and today we want the item deferred to give us time to make that happen. Thank you. Chair Hardemon: Thankyou very much. You're recognized, sir. Peter Ehrlich: Good morning -- Chair Hardemon: Please. City of Miami Page 29 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Ehrlich: -- Mr. Chair, Commissioners. My name is Peter Ehrlich. My address is 720 Northeast 69th Street, and I'm here to speak to you on RE. 3. I think I'm the only one that's brought that up today. That's the item that deals with monster billboards on buildings; buildings that are owned by the City of Miami. It's on page 19 of your agenda. I know many of you have seen this article before from Biscayne Times: `Billboard Jungle. " It states, "Outdoor advertising is Miami's crack cocaine. The money gets you high, but one day, it'll kill you. " Many of you probably saw the Miami Herald on Monday, June 19. There was an article in the Miami Herald with a photo on the cover that talked about complaints the Miami Herald Editorial Board is receiving about billboards, outdoor advertising, particularly monster billboards on buildings. So I hope an option that you'll consider today with RE.3 is just to ban billboards on buildings -- monster billboards on buildings; euphemistically called "mural ads" -- and you'll allow the City property to be unadorned, and just let the architecture be visible to our tourists and residents. Thank you very much. Chair Hardemon: You're recognized, sir. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Commissioners, ladies and gentlemen in the audience, State Senator Rodriguez. Slight observation: Relationships are a lot like algebra: You look at your "X" and you wonder "Y " Why am I here before you today? Well, as Peter Ehrlich eloquent -- just before me, eloquently pointed out, we're here to deal with RE.3, which has to do with billboards on walls. I don't use the term "mural, " because that gives murals a had name. Peter and I have come before you over the years several times, whenever it has to do with scenic beauty. We state our peace, you shake your head, and more and more murals come on I-95. What we would like to ask in a manner of good faith: Would you at least consider removing the billboard on a wall of our MRC (Miami Riverside Building)? It has advertised everything from Heineken Beer to rum to condos in Aventura. Right now it's advertising the Brickell City Center. Our MRC building does not need to be a platform for advertising. This is not sending out the message we want sent about our City beautiful. In addition, I'd like to talk about PZ. 19. I totally believe the City should never be a co -applicant with developers regarding City land. I think this is a step in the wrong direction and a very dangerous one to take, and I'd like to commend each and every one of you who voted 5-0. And finally, FR.3, that was a bit of a surprise; and I certainly hope you defer that, to change Coconut Grove. And, yes, Coconut Grove may be a little different, because we voted not to have clubs open till 6 o'clock in the morning in our neighborhood, and as a result, we have a cleaner neighborhood, a neighborhood with less vehicle accidents, a neighborhood with less crime. And if you can do that, Lord knows, you can drink your heart out until 2 in the morning. Thank you. Chair Hardemon: You're recognized, ma'am. Renita Holmes: Madam Holmes again, record. I'd like to consolidate my response as a executive director and outreach advocate, PH 4, PH 5, PH 6, and I believe it's another, PH. 2. I lost my sheet somewhere in the great sentiments. But, you know, relatively speaking, it was great to see so many African-American women, so many black women here, so many women here, because, as one of the issues and service we provide in empowering impoverished and challenged families on the issue of safety and health for the last 37 years and coming out of poverty-stricken communities as social service, we all came out of public housing. Recognizing that HUD (Department of Housing and Urban Development) is as synonymous as the projects and every other development term for me as an activist and lobbyist, you could see how it is. But one particular thing strikes me is the new funding for HIV. And the entire process (UNINTELLIGIBLE) for you -- I'd like to give it to you, if I City of Miami Page 30 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 may, that you could browse through it -- is the issue of (UNINTELLIGIBLE) and 26 percent (UNINTELLIGIBLE) that in the deaths of primarily African-American and Hispanic women. The hours that I spend in hospice sometimes on the days that I leave here is not just my own disability, these are the targeted things. I've had over 18 women in the last year and a half that I sat with in hospice at North Shore and Jackson. That's my give -back. You understand, my passion runs deep, to the death; our mothers that are challenged. But what gets me is the new age is between the age of 50 and 74. And if you look in the back in ground to zero, there are several things I need to make you aware of when we're talking of providing HIV services with public CSD -- Community Service [sic] Block Grant and -- Do we get those anymore? -- Community Development Block Grant funds, housing for women and persons with HIV. 326 percent increase is a lot. It's not easy to watch women die. But when you look on that list, the number of service providers that we have that are culturally competent to link social services with the housing needs is difficult, particularly since a lot of the property owners or a lot of those particularly within the homeless population do not like peer support services, and probably don't like me, either. But getting the training, having done it for decades, having had the experience being a peer -- and this is not me saying that I m a person with HIV, but I have been a person that was wrongly diagnosed with HIV. I lived seven years like that. That's when the game was good. That's when everybody -- and everybody thought that HIV and AIDS was something that only happened to gay men. Well, mothers are dying, mothers like the aged, mothers that -- great women, and maybe some of the friends of Madam Dawkins and some of her friends. And so, it was kind of weird to see them come here today and not stay for this one and not be aware of what's going on, but what's even weirder again is, to stay focused -- and I'll close very shortly -- is the 20 -something meetings and the speaking with Representative or Senator Garcia's office. There were no black people at the table, so I know -- and I'm not racist; trust me. My great, great grandmother, even my grandmother Georgia Jones -Ayers, we know about that, so that's not -- my dad's Dominican, Hispanic. I don't have no problem talking to anybody. I grew up Allapattah. You see I don't. But sometimes it takes cultural competence to assure that we can leverage the housing with the social services, and that's where the gaps are. They're not getting -- we're not getting the resources to provide that transitional support. A lot of those homeless women you see on the sidewalk -- I'm just throwing some real- life situation that the representation is nil to none in the targeted communities, and one of those communities -- or two of those communities are Flagami and Liberty City or District S, like that. Chair Hardemon: Madam Holmes. Ms. Holmes: So what I'm asking you is to please, when you talk about the funding and those groups that receive it, make sure they're culturally competent and deal with the most disparate populations and help us get those resources that we need, and find out why we have no relative culturally competent representation in ground to zero. $300 million and the HUD monies; I don't want to see no more homeless women and I don't want to sit in hospice with any more and I don't want to be one either, and I don't want the ones in the street -- Chair Hardemon: Madam Holmes. Ms. Holmes: -- I'm closing -- transitioning. This disparity, we'll have another epidemic besides gun violence. Thank you. Chair Hardemon: Listen, we don't have many people to speak for public hearing left, but I'm just letting you know, I'm going to hold you to the two minutes, so it's two minutes. We have to get to the business, and we have done very little of that today. You're recognized, sir. City of Miami Page 31 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Francisco Herretes: Good morning, Chairman, Commissioners. My name Francisco Herretes, with offices at 6234 Northeast 2nd Avenue, in Little Haiti. I'm here to strongly support FR.2 and PZ. 20, the Public Art Ordinance. As expressed by Chairman Hardemon and other Commissioners at the January meeting, the private portion of the ordinance is essential for the funding of the AIPP (Art in Public Places) program. Without the requirement on private development, the AIPP fund, which struggled to operate officially, and public art in Miami would suffer as a result. The newly proposed language establishing a $3 million threshold is very reasonable, and reduces cost for smaller developments. The P&Z (Planning & Zoning) Department also included the suggestion of Commissioner Carollo for a tiered approach, and addressed Commissioner Russell's concerns regarding historic preservation. Finally, in the January meeting, Commissioner Suarez was concerned that we were currently in a real estate slow -down phase, and that the private portion might be better left for later when there is an up cycle. As a developer, I understand we are always concerned with our bottom line, and in that regard, Commissioner Suarez is very right. But AIPP cannot be viewed just as an added cost to construction. In fact, Art in Public Places makes the City better, and measurably improves property prices, even in the very short term, which may act as a catalyzes - - or as a catalyst for the up cycle Commissioner Suarez is concerned about. I hope this Commission approves this ordinance in first reading today. Thank you very much. Chair Hardemon: Thank you, sir. Madam you're recognized. Phyllis Bellinger: Hello. My name is Phyllis Bellinger. I am the executive director of Striving to Attain Remarkable Teams, which is located at 3807 Grand Avenue. We would just like to thank you for your vote of confidence in support of allowing us to have funding by means of the Community Block Grant. Thank you very much for the 2017/2018 service year. Jihad Rashid: Good afternoon, Commissioners and -- the Chairman has just left. My name is Jihad Rashid, president of the Coconut Grove Village West Homeowners and Tenants Association. And my daytime job is executive director of the Collaborative Development Corporation. I'm asking if there -- are you accepting comments on the PZ items? Because I might not be here in time to comment. It's PZ.4, PZ. S and 6; and the Frankie Rolle Land Use, PZ -- I don't that number. I just had a brief comment about our position on that, if I'm allowed to. Chair Hardemon: Go ahead, sir. Mr. Rashid: Okay. The Coconut Grove Homeowners and Tenants Association, Village West Homeowners and Tenants Association stand in solidarity with the area homeowners association opposing the current proposal at 2980 Virginia Street. On PZ.S and 6, Day Avenue, we believe that this issue is not a zero sum game, and I would say too, as well as the Commission and my fellow residents, they would have to consider increased density to solve our crucial, critical problems for shortage of affordable housing; that we need to work and incentivize the developer with public funds, with certain mandates and covenants, to make it a win/win/win. And then finally, the Coconut Grove Homeowners and Tenants -- Village West Homeowners and Tenants Association, with respect to Frankie Rolle Center, which is a County - owned property in a targeted urban area, which overlays the City of Miami's Neighborhood Development Zone, is unconscionable that that RFP was put out without any specifications, any mandates or incentives, for affordable housing, and therefore, we had resolved to ask for a reset at that, and that the City acts in concert with that so that we can re -approach this with something that's beneficial not only to City of Miami Page 32 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 the market, but to the residents that are in dire need in this critical emergency housing shortage in Coconut Grove. Thank you. ChairHardemon: Thankyou, sir. You're recognized, sir. Steve Wernick: Thank you, Mr. Chair, Commissioners. Steve Wernick; address, 98 Southeast 7th Street; here just to speak briefly on items FR.2 and PZ. 20, the Art in Public Places Program, which would require fees or placement of art onsite for private development. I wanted to touch on the recommendation from the Planning, Zoning & Appeals Board, which is listed as an approval unanimously in March, but in fact, when they acted on this in April, their recommendation was to make the effective date subject to the adoption of a Public Art Master Plan. I think that makes total sense. You have aboard that you are still in the process of forming. There still is no Public Art Master Plan to know how any monies that might be collected -- and there are significant fees that could be tacked on. You know, that could be well out into the future. I think that is the right way to approach this. My concern, even though it's very well-intentioned, and I think you have a program, you need to let that program work before tacking on extra fees that could amount up to 100 percent increase in a building permit fee for private development, and I think that is going to be negative in terms of workforce housing, affordability, and other needs that the City may have. So thank you for your time. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. Since we are running out of time to two minutes, I'm in favor of FR.1. I think it's very important for the cleaning of our neighborhood. I would like to thank the NET Administrator for Little Havana, who helping us to be cleaning up our area. Tony has been awesome. And every time we need help where the residents want to go clean up an area, he actually provide everything for us, pick up the trash that we -- what we collect, so the -- it's something that we has to recognize. As well as Commander Ibalmea, who's been cracking down the house everywhere in our area. We can see the presence of the police, so it's something that we have to recognize, as well as Public Work [sic]. We report several areas in our Little Havana, that it was flooded during all this rain, and they actually went and clean out our drainage, and tried to make it better for our neighbor. So I have to thank them, the Department who's in charge of the cleaning of the drainage, because they did excellent job, and we actually can see that our -- we reported -- they -- actually, they can go and help our neighborhood. And another thing, I got to thank the -- our director of Park, Kevin, for all his help. And I think the new park that is going to be in Little Havana in 13th and 12th is going to be amazing for our neighborhood, and it's going to increase a little bit more activity for our kids. So thank you. ChairHardemon: You're going to let me close the public hearing, Mr. Mayor? Mayor Regalado: Yes, sir. Chair Hardemon: All right. Seeing no further comment from the public, I'll close public hearing at this time. We have very little time left. I don't think we're going to get to any action items. CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda City of Miami Page 33 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo ABSENT: Suarez, Gort CA.1 RESOLUTION 2348 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Department of EIGHTEEN (18) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL Solid Waste INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVER'S LICENSE, IN AN AMOUNT NOT TO EXCEED $3,000.00 PER SCHOLARSHIP, FOR THE FOLLOWING ELIGIBLE APPLICANTS: TOCARA TAYLOR, BO HANKS, JAMESE BROWN, ANDREW QUINTANA, JADE GARCIA, KHALIL LEWIS, SIDNESHA HOLLAND, MARCHAE GLENN, FRANK ROBINSON, ALEX BLANDON, ROBERTO BERNAL, DEVELL KING, IFOXA PREDESTIN JR., ANTHONY RUTLEDGE, ZANDRAS SPIVEY JR., JOE SIMMONS JR., ADRIEL JONES, LEON LEONARD JR.; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO DISBURSE EACH SCHOLARSHIP UPON FULFILLMENT BY THE APPLICANT OF THE APPLICABLE PREREQUISITES INCLUDING, BUT NOT LIMITED TO, THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTION OR VOCATIONAL PROGRAM; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY MANAGER, OR DESIGNEE, AND THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND", ACCOUNT CODE NO.13100.212000.549000.0000.00000. ENACTMENT NUMBER: R-17-0308 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " City of Miami Page 34 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 CA.2 RESOLUTION Item Pulled from Consent 2364 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Real AUTHORIZING THE CITY MANAGER TO EXERCISE THE THIRD Estate and Asset ONE (1) YEAR OPTION TO RENEW FOR REQUEST FOR Management PROPOSAL CONTRACT NO. 369316, BETWEEN THE CITY OF MIAMI AND WLS, L.C. D/B/A NAI MIAMI, PURSUANT TO RESOLUTION NO. 13-0453, ADOPTED NOVEMBER 21, 2013, FOR REAL ESTATE LEASING SERVICES, FOR THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, ON AN AS NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS, EXTENSIONS, MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ......... ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. CA.2 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item CA.2, please see "Order of the Day." City of Miami Page 35 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 CA.3 RESOLUTION 2152 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Attorney ON BEHALF OF BRENDA ARCHER, SUBJECT TO THE Attorney CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000.00, INCLUDING $100.00 FOR A SEPARATE RELEASE AND RESIGNATION AGREEMENT, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT, LEAVING OPEN ONE CLAIM FOR FUTURE MEDICAL BENEFITS, ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS AND RESIGNATION AGREEMENT; ALLOCATING FUNDS IN THE AMOUNT OF $49,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE RELEASE AND RESIGNATION AGREEMENT, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0309 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " CAA RESOLUTION 2070 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE Office of the City CONFLICT COUNSEL FOR THE REPRESENTATION OF THE Attorney CITY OF MIAMI ("CITY") ON ALL MATTERS IN CONNECTION WITH THE FUNDING OF MUSEUM PARK BY THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), WITH RESPECT TO THE DECEMBER 31, 2007 INTERLOCAL AGREEMENT BETWEEN THE CITY, MIAMI- DADE COUNTY, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND OMNI CRA, COMMONLY REFERRED TO AS THE "GLOBAL AGREEMENT"; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT, WITH FUNDS ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0310 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "End of Consent Agenda. " City of Miami Page 36 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 CA.5 RESOLUTION 2433 A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A Commissioners FIREWORKS DISPLAY WAIVER PURSUANT TO CHAPTER 19-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, and Mayor ENTITLED "MANUFACTURE, SALE, TIME OF DISPLAY AND DISCHARGE OF FIREWORKS," FOR THE MAJOR LEAGUE BASEBALL ALL-STAR GAME GALA TO BE HELD AT THE PEREZ ART MUSEUM MIAMI BEGINNING AT 11:20 P.M. ON JULY 9, 2017, AND CONCLUDING AT 11:40 P.M. ON JULY 9, 2017. ENACTMENT NUMBER: R-17-0311 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 5, please see "End of Consent Agenda. " CA.6 RESOLUTION Item Pulled from Consent 2492 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE Office of the City CONFLICT COUNSEL FOR THE REPRESENTATION OF THE Attorney CITY ADMINISTRATION ON ALL MATTERS IN CONNECTION ABSENT: WITH THE NOTICE OF DEFAULT OF FLAGSTONE ISLAND GARDENS, LLC, PURSUANT TO CITY OF MIAMI RESOLUTION NO. 17-0263, ADOPTED ON MAY 30,2017; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT, WITH FUNDS ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0312 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item CA. 6, please see "End of Consent Agenda. " Chair Hardenzon: CA. 6. Victoria Mendez (City Attorney): For item CA. 6, the City Attorney's Office is seeking outside counsel to guide the City Administration with regard to the Flagstone Island's case. Commissioner Carollo: Mr. Chairman. Chair Hardenzon: You're recognized. Commissioner Carollo: Why do they need outside counsel? I don't get it. I mean, isn't, pretty much, if they have to say anything, state what their belief was and what they actually did -- City of Miami Page 37 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Ms. Mendez: Normally -- Commissioner Carollo: -- how they acted? What --I don't understand why -- Ms. Mendez: We spoke to the Florida Bar with reference to this issue, and their recommendation is that my office would be conflicted out with regard to CA.6 and 7, and that the -- In this case, the Administration has a slightly different perspective with regard to this deal, and they're going to just need assistance, as they would get from my office, which is, you know, at depositions or at hearings, what they can say, not say, and things of that nature. It's more the usual help that they would get whenever deposed in a regular case, they would get from my office, and that's really what it is. Commissioner Carollo: I don't understand the "not say. " I mean, they should just say the facts, and their justification for whatever was done. Ms. Mendez: Unfortunately, that was the recommendation of the Florida Bar, and I have a license that I need to keep. Chair Hardemon: If I -- okay, go ahead. Vice Chair Russell: I wanted to get a definition of "different perspective, " because if the City is hiring counsel to represent the Administration, potentially against the counsel for the Commission, and they have a different perspective, will be -- will we be representing them to carry a different position on whether or not Flagstone was in default or in breach? Ms. Mendez: No. It is not -- they will not be -- an attorney hired for the Administration will not be lockstep working with Flagstone in order to go against the City of Miami. This is really about procedural matters with regard to the process, and so that they have -- "they, " the Administration, will have access to an attorney when they have questions, comments, or concerns. That's all this is. It is not -- in an abundance of caution, as well -- Unfortunately, this is a big deal, so we're just making sure that everybody has the assistance that they need in order to get through this. Chair Hardemon: Go ahead. Vice Chair Russell: To state that "this is a big deal" is a really -- it's an understatement; $120 million lawsuit, and it's moving very fast, and the other side has the venerable Stearns Weaver firm, with all the ammunition at their disposal in terms of manpower and strength. I wanted to make sure that as we go through with this looking for our third party counsel that we are not outgunned; that we bring our best in terms of analysis of the contract and stating our position clearly. Now, I have a concern, because in the special meeting on May 30, it was -- we had very clear direction from this board. We had a unanimous vote; and through the minutes, you can see how the discussion led to the decision. And for me, the will of that decision has not been carried out since then by the City Attorney's Office and Administration. The letter that was issued afterward basically said, "You're in default; govern yourselves accordingly. " And you'll remember, I called you, asking, "Why aren't we saying, `You're in default; the next steps will be X, ' `Y, ' and `Z, "' which are, 'Hand the keys over, termination of agreement?"' because that's what -- everything that we discussed on the dais. And you said, "Well, I have to go back to the minutes to look, because I don't think that was clear from the Commission. " I think it was clear. The second thing -- And then that issue then -- that letter was then issued after I requested that. My second question was, our legal strategy moving into this seems to be very reactionary. Where we are the ones initiating this decision, we should be following through; we should be geared up and ready to defend our position in as aggressive City of Miami Page 38 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 and capable manner as possible. But I felt at that point there wasn't this --I had to request to get the third party counsel put on the agenda. And I was told, "Oh, it could even be a pocket issue or an item, or a surprise. " And I said, `As soon as possible, we need to get this third -party counsel issue put on the agenda. " I was not told we'd need two different third -party counsels, and when I saw it on the agenda, I thought it was a typo that it came twice. The explanation of why we need two separate counsels is concerning. You know, it's -- this is a 15 -year -- this is 15 years' worth of stuff to go through, and who knows where that rabbit hole leads. For me, all of that history is irrelevant, except for the default, which, to me, is the smoking gun on which we took action. That's what solidified our decision to move forward, because we could see that there was a clear breach; a default, which leads to termination, and the contract is so much in our favor. It clearly states what happens in that case, how the other side has waived their right to defense, how there is no cure period, how there is no arbitration for this particular type of breach; yet, during that day, you passed a resolution to me, Madam City Attorney, talking about seeking arbitration. And I said, I'm not going for arbitration; I'm going for the knockout punch. " I'm not going for mediation, arbitration; we want this in front of a judge. And so, when we made the motion, I called the question, and I looked for the minutes because -- and they're not up yet, so I went back to the video and just transcribed it. You gave us your advice: I believe it would be in the best interest to send this to arbitration. " And then you quoted the ground lease pointing to arbitration. But oddly, the breach they were talking about here is not in the ground lease; it's in the Agreement to Enter. I'm not a lawyer, but I'm about to play one on TV (television). Then Commissioner Suarez said -- he denied that request, saying, `I'll just say that the forum that this is decided in is specified in the agreement, so we should just leave it at that. " Then I called the question, the Clerk began a roll call, and you interrupted. "Commissioners, is it amended to go to arbitration? " And I couldn't even type it out, because -- you have to see the video -- all of us popped up and said, "No, no, no. Wait, wait, wait. No. " And Carollo clarified -- Commissioner Carollo said, "The only amendment that I know of is that Commissioner Suarez asked for an additional default. " And Commissioner Suarez began to clam it. I said, "We are good. " And Carollo said, I think we're clear. " Then Brian May, on behalf of the other side, proffered again, "arbitration. " And Chair Hardemon said, "Mr. May, I think that the argument fell on deaf ears. " Then we had our unanimous vote. Then the other side has issued a Request for Injunction, which came very quickly, and you decided that a third party should represent us in this injunction, even under the short notice. I wasn't consulted on this, bringing in a third -party attorney, but when Stearns Weaver issues us a 30page request on this injunction, and you hire third -party attorneys the night before, and they're in the middle of another trial that they've got to break and take this up at their lunch, we're going to get out -gunned, and we did. I said, If we get third party" -- I asked you, If we get third -party representation on this issue, that sort of separates you from being able to guide that" -- `you're conflicted out. " And you said, "Yes. " I said, "Well, who is the client? " `It's still the Commission. " And then I said, I want to talk to my attorney before he goes in to fight this injunction issue. " I never heard from him. "Well, he's busy in litigation with another case, and he's taking this case at lunch. " So he took the case at lunch. I didn't get to confer with my attorney, because I wanted to talk about the strategy for knocking out this injunction. And the points that they brought up in the injunction, personally, I don't think are relevant to what could have made it successful. And when the judge ultimately deemed that we were not successful, and he offered for both sides to write the order, our guy just left the courtroom and said, I'm sure the other guy can write it" -- "do a good job at it. I respect Mr. Stearns. " And it's not a big deal; it's $120 million lawsuit, and we're starting already reeling on our heels. We should be coming out the gate with the best of the best in terms of who can represent us on this. It may cost us a little extra to get the right counsel in place that has a staff large enough to go head to head with their firm, and when they get papered, they can deal with it. When they need to fight back quick and respond, they can deal with it. They City of Miami Page 39 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 can have multiple strategies going on at one time. I think we got out -gunned yesterday, and so I'm not confident with the attorneys that we've chosen. I did offer a recommendation to you from over at Stroock & Stroock, and I sincerely hope that you'll consider that recommendation. And I don't think we're going down the right path with regard to choosing arbitration. I think that was in direct violation of the intent and will of this Commission that was very, very clear on that day. For us to be asking for arbitration, when a judge could see and the other side could see it's something we shouldn't have been asking for, it put us on the wrong side with the judge from the start. So I don't pretend, even though I seem to be right now, to be a specialist in these legal issues, but even a layman, like myself, can see what's going on; that we're getting out -gunned, and we're not taking the right moves. I don't think you would have been conflicted from actually representing us on the injunction issue, and I -- being well -versed in our contracts, and the nuance of it, I think that would have been the best, because we sent someone in who didn't know our contract yet, who had hadn't been through it, and the fact that they issued a request for arbitration just -- it tells me these are not the right guys; no offense to them, because I'm sure they're very good within their field. And the client that they're representing right now in trial, I'm sure they're doing a great job for them. But right now, for us, we need to bring in the right firm for this. That's my thought. Chair Hardemon: You can't calla football game in the first quarter, and any attorney that's going to trial knows that. And I say that to say, there are some norms that happen in law that maybe some of us should be -- that we should be aware of so you can understand how things go. It's routine for one side of -- in a case for one side to write an order, because both of you can't write it at the same time; and routine for that same side to then show it to another attorney, to make sure that he's okay with the language, and it captured what the judge ordered, because that's what the order does; it just captures what the judge stated on the record to be followed, so I'm not too bothered by that. However, what's on the dais today for us to consider, particularly CA. 6, is: `A resolution of the Miami Commission, authorizing the City Attorney to engage outside conflict counsel for representation of the City Administration on all matters in connection with the Notice of Default on Flagstone Island Gardens. " No attorney likes to conflict off of a case. You don't conflict off of a case because you're running from responsibility. You conflict off of a case because it could cost you your license, you know, if you represent the interest of a client, and you have a conflicting interest with another client. And so, when the City Attorney brings this type of resolution, I look at it, as someone who has conflicted off of cases in the past, as something that is necessary for her to do. So I don't need to get into the ins and outs, and the ifs and the buts, or what can and cannot happen. When you conflict off of a case, you're doing it because you have two clients or potential -- you have a conflict between two separate clients. And at the end of the day, this Commission had a different opinion of the matter than the Administration. And so, if you remember from the meeting, our City Attorney refrained from giving an opinion about the matter. I think, as I understand it, you would still be representing us Commissioners. I'm not sure how it was all set up now. So you have one representing the City, one representing the City Administration -- Ms. Mendez: It would be the City Administration for just logistics through the process, what have you; and the City Commission is "the City, " because whatever decision the City Commission does is the City's decision, and that's where I would also need outside counsel. I would be available for the process. Chair Hardemon: So you wouldn't be representing any -- Ms. Mendez: No. City of Miami Page 40 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: -- anybody here? So, you know -- And if you check with the Florida Bar, which I think -- when you check with the Florida Bay, it is a responsible thing to do. Most attorneys can handle conflict checks themselves. Most attorneys do; they handle it in office, but when you reach out to the Florida Bar, it's in an abundance of caution. So because you reached out to the Florida Bar, and this is what you were informed, then I'll support you. Because if you go against the opinion or the recommendation of the Florida Bar, when it come -- when the time comes -- and it will -- that someone complains about you representing the same interest, you had a conflict and you didn't conflict off, they're going to have your neck for it. So, you know, when it comes to the conflict counsel resolutions, I support them. Now, it may be a different story when you start talking about whether or not our will was followed as far as the arbitration versus going to trial situation. Ms. Mendez: Right, which I need to address that, because, unfortunately, because Commissioner Russell does not have a law degree, he just doesn't understand the difference between the motion that was made and what I requested versus what actually happened. So what I had suggested was arbitration instead of holding in default. That is very different than going to arbitration after you hold somebody in default. So I have to be very clear about your will and what you were requesting versus what I was suggesting during that hearing; so two totally different things, and unfortunately, you don't understand that. With that said, I also have a duty to make sure that I do not waive any defenses on your behalf, any. Whether you agree with it or not, I have to make a request. If you -- if this Commission then tells me, "Victoria, no arbitration, even after default, " which is an option in the contract, then that is a decision you make as the client; you tell me, and I can withdraw that. With that said, if I do not make the request, and then I waive something, that is malpractice. Again, you do not have a law degree, and these are the nuances that you fail to see. Thank you. Vice Chair Russell: I'm trying to learn as fast as I can, and I think I need to faster, because from what I read in the Agreement to Enter, the allowance for arbitration has to do with the marina lease, has to do with other parts; does not have to do with this particular breach. There is within the agreement a -- very clear steps on where it goes; that there's no jury, how damages are shared, how legal fees are shared. I welcome to get educated on this from my attorney. And if we're getting a third party attorney, I need to talk to them, I need to hear from them to discuss strategy, to discuss what happens if we go one way or another, if we take this concept or that, and what the strengths of our case are. And from what I'm seeing, we're not going down the right path. If -- I'm not familiar with the attorneys that you chose, but if you compare their law firm versus the law firm they're up against, I'm concerned, and I want to make sure that we've got the right team in place. It's been told to me -- and I have to trust that it's within the Code -- that it's completely your decision who we choose as attorneys to represent us if you are conflicted out, and all I can do is proffer a recommendation, which I have, and I hope it doesn't fall on deaf ears, because I really feel like right now, the way this first round went -- you don't judge a whole game, but it sure is telling when the coach is not talking to the players. And I specifically requested I want to talk to my attorney before they go in. I never heard from them after they went out, and I don't that they brought the right arguments to have a potential win there in the injunction situation. Ms. Mendez: The evidentiary hearing is next week, so really, what's happened thus far is not even a drop in the bucket. You will have plenty of time to be able to address the A -game that you want with your attorneys as soon as we fully bring them onboard, because again, we have to discuss with you who we're bringing onboard. Your recommendation, if you want, can be a second chair, can be part of the team. I will negotiate fees, because I will be damned if -- The last time we hired attorneys, that cost $2 million; which I did not hire and this Administration did not hire. I will be City of Miami Page 41 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 damned that we're picking someone on name only, so I will talk to your recommendation, and hopefully she will, you know, work for government rates and not for private sector rates. Vice Chair Russell: Well -- Chair Hardemon: I want to say, just because you have these well-known names in law, these big firms that have been around for a very long time, remember that many of the names that are on the marquee do not work for the firm; they're long gone. And so, the attorneys that work there, these are former prosecutors, former public defenders; these are people in private practice; they had their own practice. There are attorneys that have very small shops that have slaved giants, that have gone against -- moved mountains against these very same firms. And so, I say that to just say that for a defense counsel that is out there -- I mean, because I see some that work for themselves, have their own firm -- that there are many people that can handle these types of cases against bigger firms. Bigger firms do hire a lot of people. They have lots of new people from law school. They have people who have been around for a long time. But my point is that, you know, to defend anyone, you have to be willing to have -- to read, to have some experience, and I think that there are a lot of small firms that don't have those types of names that could provide that adequate defense. Many private attorneys are well off from defending people, or being plaintiff attorneys against defense attorneys, which are large companies. So I don't want to skew us to believe that just because, you know, you have a well-recognized name that you are, in fact, the best attorneys for the job; sometimes, they're just not. They'll take the business, because that's what it's all about; it's getting the business, but that doesn't mean that they'll give you the best representation, too. Vice Chair Russell: Thank you, Mr. Chairman. My recommendation wasn't the firm itself, but the person, and the City Attorney has the name and can share it with the other Commissioners. I know we need get into shade on this pretty quick, because we're exposed, and the other side's moving very fast. I'll be damned if we get out- gunned because we're trying to save a couple bucks and we lose a $120 million case. We've got to bring the best potential offense and defense that we can. And I don't know how you would grade yesterday's performance by our attorneys, but I'm concerned. I wouldn't know because they didn't talk to me, but I'm the client -- we are the client, and we need to be involved in this. I would -- I'm sorry that Commissioner Suarez isn't here, actually, because he is an attorney, and apparently, I'm underqualifzed to even speak on this issue, but as a Commissioner, I will and I am. So you have my recommendation in terms of who we should get to represent us. I'm absolutely okay; I wasn't implying that we shouldn't get third -party counsel. I completely recognize the need for that. I want to understand and make sure that the reasoning we're having third party counsel for the Administration, for example, and the scope that's given to those attorneys is very clear. Because if they start defending the Administration in an adverse position to that taken by the City Commission, this is going to go round and around, and I want to make sure I'm getting the clear advice on that. Ms. Mendez: The scope will be in the agreements to hire outside counsel with regard to the Administration, and it will be clear. They will not be -- your concern with it is not the issue, so we -- but we'll make sure we address it in the agreement. Vice Chair Russell: But how would that attorney for the Administration defend them if the attorney for the City is actually going after testimony from the Administration? They're going to have to defend the position of the Administration. And if there are those in the Administration who believe, for example, that there's not a default or that the Commissioners are crazy, or whatever, we're going to have two attorneys fighting each other internally within the City, representing two different sides of an issue. City of Miami Page 42 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Ms. Mendez: It has to do with regard to testimony. It does not have to do with regard to defenses, and that's -- again, will be clear in the scope. Vice Chair Russell: All right. Chair Hardemon: Commissioner Gort. Commissioner Gort: I want to make sure that we all get informed, because this concern all of us. We made a decision, and we got to make sure we're being defended correctly. So you're right; I think we should have a shade meeting and discuss it. Chair Hardemon: All right. Seeing no further questions about CA. 6, is there a motion to approve CA. 6? Vice Chair Russell: Madam City Attorney, you said you will bring on the recommendation of Laura Besvinick as second chair? Ms. Mendez: Yes, if she -- Vice Chair Russell: You'll speak with her -- Ms. Mendez: Right. Vice Chair Russell: -- and negotiate to see if she's interested -- Ms. Mendez: Yes. Vice Chair Russell: -- and get the best rate? Ms. Mendez: Yes. Vice Chair Russell: Thank you. Ms. Mendez: And Gonzalo Dorta, the Dorta Law Firm. Chair Hardemon: I never heard any of those two. I'll give you a recommendation, as well. Commissioner Gort: What's the firm you're recommending? Vice Chair Russell: Stroock & Stroock. Commissioner Gort: Strickland and -- Chair Hardemon: Frick and Frack. Vice Chair Russell: All right. I'll move it with that -- Chair Hardemon: It's been properly moved. Is there a second? Is there a second? Commissioner Carollo: Second. Chair Hardemon: Seconded by the onion ring. No. Seconded by Commissioner Carollo, who is eating an onion ring. And any further discussion on it? Seeing none, all in favor; say "aye " City of Miami Page 43 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 The Commission (Collectively): Aye. Chair Hardenzon: All against? Motion passes. CA.7 RESOLUTION Item Pulled from Consent 2493 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE Attorney CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY OF MIAMI ("CITY") ON ALL MATTERS IN CONNECTION WITH THE NOTICE OF DEFAULT OF FLAGSTONE ISLAND GARDENS, LLC, PURSUANT TO CITY RESOLUTION NO. 17-0263, ADOPTED ON MAY 30,2017; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT, WITH FUNDS ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0313 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item CA.7, please see "End of Consent Agenda. " Chair Hardenzon: CA. 7 Vice Chair Russell: Move it. Chair Hardenzon: It's been properly moved. Commissioner Gort: Second. Chair Hardenzon: Seconded by Commissioner Gort. Any further discussion? Hearing none, all in favor; say "aye " The Commission (Collectively): Aye. Chair Hardenzon: Motion passes. Victoria Mendez (City Attorney): Chairman, since we were talking about CA.6 and CA.7 interchangeably, I just wanted to make sure that, for the record, CA.6, with regard to the City Administration, we were looking at Becker Poliakoff, but that's still in the works; and CA.7 is where we were discussing the main meat and potatoes of this, which is the Dorta law firm, and the attorney from Stroock. So I just wanted to clarify that for the record. Daniel J Alfonso (City Manager): I thought the Commissioner was trying to get me an additional attorney on CA. 6. City of Miami Page 44 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Ms. Mendez: And we will look at that. I'm just giving the Commission my initial thoughts on this. They've given nee the opportunity to be able to seek counsel. And if there is any other recommendation, Chairman, please let me know. Chair Hardemon: City Attorney, we probably got the fastest public records request I've ever seen in my life. There's an email that just came in from someone that we all know, asking for a copy of the correspondence between you and the Florida Bar regarding protecting your license over the issue of Flagstone, so (UNINTELLIGIBLE). Ms. Mendez: Tell Mr. Crespo I send him a big kiss. Chair Hardemon: You weren't supposed to give him free advertising. Ms. Mendez: You know -- Chair Hardemon: Yeah. Ms. Mendez: -- got to give him some love. Chair Hardemon: Okay. AkiUZ•]&*I•]ki&IAkikwile] N1kiIIM Chair Hardemon: We finished our public comment section for the morning edition, so let's get into the business. We have the consent agenda. Is there a motion to approve the consent agenda? Vice Chair Russell: I'd like to pull items 6 and 7. Chair Hardemon: Is it just to have discussion or is it --? Vice Chair Russell: To figure out what -- where to go with it. Chair Hardemon: Okay. So 6 and 7 will be pulled. Is there a motion to approve items CA. 1, 3, 4, and 5? Vice Chair Russell: I'll move it. Chair Hardemon: Been properly moved; seconded by the Chair. Any further discussion on those items? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 45 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 2312 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK Economic GRANT ("CDBG") FUNDS GENERATED FROM DECEMBER 1, ABSENT: 2016, TO APRIL 30, 2017, IN THE AMOUNT OF $120,000.00 TO Development THE CATEGORIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0290 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardenzon: Now we're on our PH (Public Hearing) agenda. Hold on one second. Commissioner Gort: PH.]. Chair Hardenzon: So what I'll do is, I'll -- if there are any changes to this -- I mean, we can entertain a motion to approve PH 1 through 8; that's on the first page. Vice Chair Russell: Mr. Chairman. Chair Hardenzon: Yes. Vice Chair Russell: PH 7 had some significant requests from people who have indicated -- Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Russell: -- they'd like to learn more about it. Daniel J. Alfonso (City Manager): Yeah, Mr. Chairman, if we want to pull that for a little further discussion, and pass the rest? Chair Hardenzon: Right. What I can do is, let's do the first half of it. So PH 1, 2, 3, 4, S, 6, and 8, is there a motion to approve those? Commissioner Carollo: I'll make a motion, but discussion. Chair Hardenzon: Okay. Commissioner Gort: Second. City of Miami Page 46 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: So PH. 1, 2, 3, 4, S, 6, and 8 has been properly moved. Commissioner Gort: Second. Chair Hardemon: You're recognized. And seconded by Commissioner Gort. Is there any further discussion? Seeing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. So PH 1, 2, 3, 4, S, 6, and 8 passed. PH.2 RESOLUTION 2304 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE ACCEPTANCE OF UNITED STATES Community and DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Economic ENTITLEMENT GRANT FUNDS, IN THE TOTAL PROJECTED ABSENT: AMOUNT OF $19,287,209.00, AS STATED HEREIN, FOR THE Development FOLLOWING PROGRAMS: COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS, AND THE EMERGENCY SOLUTIONS GRANT, FOR PROGRAM YEAR 2017- 2018; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF THE ACTUAL AMOUNTS OF GRANT FUNDS WHEN MADE AVAILABLE, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0291 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Carollo, Gort ABSENT: Suarez Note for the Record. For minutes referencing Item PH.2, please see "Public Comment Period for Regular Item(s)" and Item PH.]. City of Miami Page 47 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PH.3 RESOLUTION 2305 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and PROGRAM YEAR 2017-2018, COMMUNITY DEVELOPMENT Economic BLOCK GRANT ("CDBG") FUNDS, IN THE PROJECTED AMOUNT Development OF $4,712,378.00, IN FISCAL YEAR 2017-2018 ALLOCATION, AND IN THE PROJECTED AMOUNT OF $126,000.00 IN PUBLIC SERVICE FROM PRIOR PROGRAM YEAR INCOME FOR A PROJECTED TOTAL AMOUNT OF $4,838,378.00 TO THE ACTIVITIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, BEGINNING OCTOBER 1, 2017; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0292 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PH.3, please see Item PH.]. PHA RESOLUTION 2306 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION FOR Community and PROGRAM YEAR 2017-2018 COMMUNITY DEVELOPMENT Economic BLOCK GRANT ("CDBG") FUNDS, IN THE PROJECTED AMOUNT Development OF $706,856.70 AND THE AMOUNT OF $126,000.00 FROM PREVIOUS YEARS PROGRAM INCOME, FOR A TOTAL PROJECTED AMOUNT OF $832,856.70, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING OCTOBER 1, 2017; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0293 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item PH. 4, please see "Public Comment Period for Regular Item(s)" and Item PH.]. Chair Hardemon: You're recognized for discussion. City of Miami Page 48 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Commissioner Carollo: Thank you, Mr. Chairman. I want to bring to everyone's attention that last year, we had an issue with funding, State funding, for a senior center called Palermo. We, as a Commission, decided to fund it. I put 25 -- I believe it was 25, 000 from anti poverty, D3 antipoverty; Commissioner Suarez put -- I'm not sure if it was 25 also; and I think, Commissioner Gort, you put 10. They're having the same issue; they did not get funded. Little Havana Activity Center reached out to me to let me know that the same issue as last year, so I want to bring it to your attention and, more than anything, disclose that I'm planning in the next meeting to bring an item to see if we could fund them, the same as last year. So that's pretty much the discussion. Since we're talking about public services, I think it's within the purview to mention that, you know, there's one that will be left out, and I want to make sure they are not left out. PH.5 RESOLUTION 2307 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and PROGRAM YEAR 2017-2018, COMMUNITY DEVELOPMENT Economic BLOCK GRANT ("CDBG") FUNDS, IN THE PROJECTED AMOUNT Development OF $2,663,045.70 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE PROGRAM YEAR 2017-2018; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0294 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PH.5, please see "Public Comment Period for Regular Item(s)" and Item PH. 1. PH.6 RESOLUTION 2309 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOME Community and INVESTMENT PARTNERSHIP PROGRAM FUNDS, IN THE Economic PROJECTED AMOUNT OF $2,583,886.00, FOR HOUSING Development PROGRAMS, FOR PROGRAM YEAR 2017-2018, AS SPECIFIED IN "A," ATTACHMENT ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0295 City of Miami Page 49 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PH.6, please see "Public Comment Period for Regular Item(s)" and Item PH. 1. PH.7 RESOLUTION 2316 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE ALLOCATION OF PROGRAM Community and YEAR 2017-2018 HOUSING OPPORTUNITIES FOR PERSONS Economic WITH AIDS PROGRAM FUNDS, IN THE PROJECTED AMOUNT OF ABSENT: $11,561,671.00 AS SPECIFIED IN ATTACHMENT "A, ATTACHED Development AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0296 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item PH. 7, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: PH 7. George Mensah (Director, Community and Economic Development): Commissioner, PH 7 is the approval of the HOPWA (Housing Opportunities for Persons Living with AIDS) Program, and I know that we had the Mayor and the gentleman from -- the pastor from Latin Mission on the record saying that the distribution that we provided was not -- ChairHardemon.- Can you state your name for the record, please? Mr. Mensah: Sorry. ChairHardemon.- No problem. Mr. Mensah: George Mensah, director of Community & Economic Development Department. So I was talking about PH 7, and we had a project base of (UNINTELLIGIBLE) support; and it was put on the record that, one, there's an agency here that is under investigation and we provided funding to; and then, two, City of Miami Page 50 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 that the support is not uniform; that we have differences in terms of pay unit costs. And so, since this was put on the record, I need to be able to talk about it, especially on the investigation part of it. There are only three agencies involved in this allocation; one is Miami Beach Community Development Corporation. And if Commissioners remember, about three or four years ago, I came and de -obligated all the funding from Miami Development Corporation, because they had issues with their finances, and we have not provided any funding to them after that. This is different, because this particular funding goes to people who are actually in those units, and so -- and that organization has come out of their financial situation. They are now in -- you know, a very good organization, and the funding doesn't go to the organization; it goes to the support of the individuals who live in those properties. That's the first one. The second is Carr Four Supportive Housing. I have never heard of an investigation going on. I only heard of an article in the newspaper that said that there was an investigation of the Bond Program at the County, and therefore -- and they listed agencies and developers that have used the Bond Program, and it so happen that Carr Four Supportive Housing has used the County's Bond Program, and they were mentioned in the article. There is nothing that says they were under investigation. And if we definitely see that they are under investigation, we do something about it. However, this institution where you have people involved, so if I -- if we -- the City decide not to fund this organization, then we have to find places for AIDS (Autoimmune Deficiency Syndrome) -- or, should I say, (UNINTELLIGIBLE) 14 individuals someplace to go. In addition, we provided them funding on some of these projects to do it, and that will go against our regulation, because we provided HOPWA funding to them, and then we're taking away monies. So I just want to put on the record, none of these (UNINTELLIGIBLE) -- but any (UNINTELLIGIBLE) in here is under investigation, so that's -- Then I want to address the pay units cost. The funding that we provide is based on two things. One, it's based on the amount of money that the City had already put in that project; and it's also based on the budget of that organization. So the first one is an organization where the City put in a total of 37, 000 per unit. It's on Miami Beach. The cost and --for operating a building in Miami Beach is very different from the cost of operating a building in other parts of the County, and we only put in 37,061 per unit. The second for Latin Mission History is 12 units. That building was wholly supported by the City. The per-unit cost that the City put in that building is 75, 000 per unit, and we are recommending 2, 000 per unit. Yeah, it's in Homestead. The budget of that building in Homestead is very different from the budget of the building in Miami Beach. The second -- the third one, Carr Four Supportive Housing, that we provided 37,061 per unit to that particular building, also. And so, those buildings, we provide them very much lower amount of per unit for those buildings. In this last one, Carr Four Supportive Housing, we did -- the City did not provide any funding for them. So we didn't provide any funding for them (UNINTELLIGIBLE), so they gave us six units for HOP WA, and we are giving them 3,500 per unit. So what I'm trying to say is that you can't make the units of support the same, because it depends on level of support that we provided this -- the agencies. On Latin Mission, for example, typically, before we provide funding to any agency, developer, we make sure that the building can support itself. On Latin Mission, especially, we made an extra effort, because we indicated to the developer that this property cannot support itself, and it doesn't make sense for the City to provide funding to a developer that cannot support itself. We were assured that this was a mission of the -- is a ministry, and therefore, even the money cannot support itself, that the ministry -- the Latin Mission was going to provide additional funding to support it. It's been very difficult for them. Actually, I think they find it very difficult, so even this money that we are giving, technically, we are not supposed to provide them, because of the fact that we provide 100 percent of the financing for this building, so they don't have any mortgage on that building, as compared to all the other buildings that have additional mortgage on them. We did this so that we can explain it if anyone asked. It's unfortunate that we didn't get the opportunity to City of Miami Page 51 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 explain this, and that I have to conte and explain it on the dais. I would have wished that I had explained it prior to conning here today. But if it's the will of the City Commission, and the Commissioners feel that we have to make it -- you know, I'm a staff person; I will go by what I'm told, but I just want you to know that the reason we did it is because of the different supports that we provide each development. Chair Hardemon: Thank you, sir. Are there any questions for him? Commissioner Gort. Commissioner Gort: Two questions. You work as the reimbursement, right? Mr. Mensah: Yes. Commissioner Gort: The expenditure have to be done by the firm first? Mr. Mensah: Yes. Commissioner Gort: And then you reimburse according to the expenditure? Mr. Mensah: Yes. Commissioner Gort: And second of all, you also have audits constantly taken on these places? Mr. Mensah: Yes. Commissioner Gort: Okay, thank you. Chair Hardemon: Any other questions? Seeing none, is there a motion for this item? Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: Been properly moved by Commissioner Gort; seconded by the Vice Chairman. Any further comment? Any unreadiness? Hearing none, all in favor, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PH.8 RESOLUTION 2310 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Community and EMERGENCY SOLUTIONS GRANT ("ESG") FUNDS FOR Economic PROGRAM YEAR 2017-2018, IN THE PROJECTED AMOUNT OF Development $429,274.00 AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATIONS. ENACTMENT NUMBER: R-17-0297 City of Miami Page 52 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PH.8, please see Item PH.]. PH.9 RESOLUTION 2311 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE ACCEPTANCE OF SECTION 8 HOUSING Community and PROGRAM FUNDS, IN THE PROJECTED AMOUNT OF AYES: $4,663,200.00 FOR RENTAL ASSISTANCE, AND IN THE Economic PROJECTED AMOUNT OF $436,800.00 FOR PROGRAM Development ADMINISTRATION, FOR A TOTAL PROJECTED AMOUNT OF $5,100,000.00 FROM FISCAL YEAR 2017-2018 ANNUAL CONTRIBUTIONS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF THE ACCEPTANCE OF THE ACTUAL AMOUNT OF SECTION 8 HOUSING PROGRAM FUNDS WHEN MADE AVAILABLE. ENACTMENT NUMBER: R-17-0298 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon.- Let's address -- is there a motion to approve PH9 through 13? Vice Chair Russell: 13's a four/fifths. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon.- It's been properly moved and seconded to approve items PH9 through 13. Any further discussion on it? Commissioner Carollo: No. Chair Hardemon.- Seeing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. ChairHardemon.- All against? Motion passes. City of Miami Page 53 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PH.10 RESOLUTION 2314 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Community and EXECUTE A DATA SHARING AGREEMENT, IN A FORM Economic ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN MIAMI-DADE Development COUNTY AND THE CITY OF MIAMI ("CITY") HOUSING Development OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM TO SHARE RECIPIENT'S HEALTH DATA UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) OF 1996 IN AN EFFORT TO REPORT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE DIRECT RELATIONSHIP BETWEEN STABLE HOUSING AND HEALTH OUTCOMES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0299 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PK 10, please see Item PK 9. PH.11 RESOLUTION 2313 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT SECONDER: BLOCK GRANT FUNDS IN THE AMOUNT OF $250,000.00 FROM Community and THE CITY'S CAPITAL IMPROVEMENTS PROGRAM ("CIP") Economic COMMUNITY CENTER PLAYGROUND PROJECT LOCATED AT Development 1320-1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA; ALLOCATING SAID FUNDS TO THE CIP, DOMINO PARK PROJECT, SPECIFICALLY THE REHABILITATION OF DOMINO PARK, LOCATED AT 1444 SOUTHWEST 8TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE TRANSFER AND ALLOCATION OF FUNDS. ENACTMENT NUMBER: R-17-0300 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PH.]], please see Item PK 9. City of Miami Page 54 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PH.12 RESOLUTION 2320 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT SECONDER: BLOCK GRANT FUNDS IN THE AMOUNT OF $65,225.00 FROM Community and FUNDS PROVIDED TO NEIGHBORS AND NEIGHBORS Economic ASSOCIATION, INC. ("NANA") FOR COMMERCIAL Development REHABILITATION IN THE 2015-2016 PROGRAM YEAR TO FUNDS PROVIDED TO NANA FOR THE 2014-2015 COMMERCIAL REHABILITATION PROGRAM; EXTENDING THE CLOSING DATE OF THE 2014-2015 CONTRACT TO SEPTEMBER 30, 2017; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0301 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PK 12, please see Item PK 9. PH.13 RESOLUTION 2365 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 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 APPROVING THE REQUEST TO HAVE AT&T CORP ("AT&T" ), THE SOLE PROVIDER, PROVIDE SESSION INITIATION PROTOCOL TRUNKING SERVICES PROVIDED CITYWIDE ON AN AS NEEDED BASIS; ALLOCATING FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED MASTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND 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-17-0302 City of Miami Page 55 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PH.13, please see Item PH.9. PHA 4 RESOLUTION 2390 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO THE and Mayor CRITERIA SET FORTH IN SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREET CODES IGNATION," CODESIGNATING NORTHWEST 50TH STREET FROM NORTHWEST 12TH AVENUE TO NORTHWEST 17TH AVENUE, MIAMI, FLORIDA AS "MRS. NANCY S. DAWKINS WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-17-0286 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: And I'd like to open up the public comment section. You know what? Before we move on to the public comment section, let me do something. If you will, I'd like to call another item out of order, and I will open up the public commentfor this item, and this item only at this time, and that will be PH 14. That's the co -designation of Nancy S. Dawkins Way. So if there's anyone from the public that'd like to speak on the co -designation of Nancy S. Dawkins Way, feel free to approach any of the lecterns, and state your name, you may state your address, and you have two minutes to address this body. You're recognized, sir. Samuel Latinzore: Good morning. My name is Professor Samuel Latinzore, at 937 Northwest SS Street, Miami, Florida; been a resident therefor -- with my family since 1950s, and I love Liberty City. I love the Model Cities area. And speaking on PH 14, because I think it's one of the most impressive legislation I've seen, because it recognizes a woman who has spent all of her life addressing some of the sante kind of issues that you all have raised this morning; issues of homelessness, issues of being juvenile delinquency; raising a number of children that would have otherwise found themselves in some pretty dire situations. The naming of Ms. -- a street after Ms. Dawkins is one of wisest things you can ever do in terms of the people who live in that community and have worked with her for over 60 years. She's 93 years old, so you can imagine how long she's been in the struggle. I want to commend the Chairman; I want to commend the Commission, as you review that item. That is a great, great thing for the Hadley Park and neighboring communities to have the street named after her. Thank you very much. City of Miami Page 56 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: Thank you very much, sir. Commissioner Dunn, welcome back to these historic chambers. Richard Dunn: Thank you, Mr. Chairman. And to the Commissioners, thank you so much. As already fore stated, this is certainly a worthy and notable cause. You know, oftentimes, people get named after, but this particular designation or co - designation is probably one of the best that I've ever seen. Ms. Dawkins goes way back. She is -- I wear several hats today; one from the AARP (American Association of Retired Persons). I'm part of the AARP now. I'm in that category. It's good to be there. Some of you are laughing, but just keep on living -- Chair Hardemon: Yeah, yeah. Mr. Dunn: -- and it'll catch up with you. Commissioner Gort: I've been therefor a while. Mr. Dunn: Also, our families go way back really very far. Her husband was instrumental in whetting my political appetite. Back in 1988, the late Commissioner Miller Dawkins named me to the City of Miami Zoning Board. So we go way, way back. My parents and grandparents just so -- She's just a wonderful person. She's done a wonderful job with the AARP; with the Hadley Park community over there. And it's --it couldn't come to a more deserving person. So I honor all of you for having the vision and foresight for this piece of legislation. Thank you so very much. Thank you. Chair Hardemon: Thankyou, sir. You're recognized, ma'am. Franccene Hasama: My name is Franccene Hasama. I born in Overtown, but I'm here for Ms. Dawkins. I'm the president of the American Association of University Women. Ms. Dawkins served 50 years -- 50 plus years; 14 years as the president. And she's a wonderful advocate in the neighborhood for young, teenagers, senior citizens, whatever. And I think that this is a wonderful thing that we're going to honor her, hopefully, by naming 50th Street in her honor so that that can be passed down to our children. And Ms. Dawkins served 14 years in the -- 14 -plus years in the American Association of University Women, but recently, she stepped down, and I am now the president, and she's the emeritus president. I honor her. I serve well under her. And I hope that you all will unanimously vote for this honor. And we'll come back and tell you about the celebration, hopefully. If you do honor this, we'll have a celebration, and all of you all are expected to be apart of it. Thank you. Mayor Tomks Regalado: Mr. Chairman, just to inform you and the members of the Commission, I just signed the resolution, so Commissioner Suarez can come back and vote hopefully a 5-0 for Nancy Dawkins. I think it's -- I congratulate you. It's something that the community will appreciate. And Nancy, we still have the plans for the marquee in front of the -- Chair Hardemon: Hadley Park. Mayor Regalado: -- park. Commissioner Gort: Suarez has to be sworn in. Debra Dawkins: Good morning. My name is Debra Dawkins, and I presently serve as president of AARP, and I know all of you will join us one day, because, as Ms. Dawkins always tells us, AARP is for 50 plus, and that's where we are. And so I want to just say, as the president of this particular chapter, the Northwest Miami City of Miami Page 57 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chapter ofAARP, I am really honored to stand here before you today to speak on the behalf of Ms. Nancy S. Dawkins, who is the founder of our chapter, and that has -- this chapter has been in existence now for 25 years. And I want you to know, it has - - it's been a long time, and it's been -- it hasn't been easy always, because if you take a look at our history, you'll see that we have been moved around from different locations just to have a home, but now we presently serve in Charles -- at Charles Hadley Park. And her leadership, her perseverance, her steadfastness, and her commitment to our community has made us strong; strong enough at this time -- in 2016, I want you to know that we were recognized as "Chapter of the Year" for the State of Florida, and that is a big accomplishment. So I'm going to ask all of my members -- we have a large membership, but we just brought a few of them down, just so that you can see, because my membership is over 145 people at this time. But there are some members that are here, and I would like for you to just stand so they can see how supportive we are of Ms. Dawkins, and how supportive we are of this resolution, because this should happen, because she deserves that, and we want you to know that, because may the work she has done speak for her. May the life she has lived speak for her; the things that she has accomplished speak for her. That's all I need to say, and thank you so much. (Applause) Commissioner Gort: I just want you to know I became a member last year. James Bush: Commissioner Holloman [sic] and to all the Commissioners -- Chair Hardemon: State Rep. Mr. Bush: I'm former -- thank you -- State Representative James Bush, III. And I've had the privilege of representing Ms. Dawkins for 10 years in the Florida House of Representatives. I stand today -- I will not be redundant. I just agree with all of the previous speakers, and it's so much I can add to it, but I do know we have other speakers behind me, but I want to say that Ms. Dawkins is like a family member to me; is like a mother. I've had the privilege of working with her in many organizations. She presently works in the Negro Professional Businesswomen, which my wife is a member; and my children, they are members of that particular club, which provides scholarships with children to go off to college, and many other things that Ms. Dawkins is involved in in the community, I've had the privilege of working with her. So I'm just going to make my remarks very brief by saying, I think it's very appropriate, it's necessary, it's way overdue to name this street after Ms. Dawkins. And I like the name, "Ms. Dawkins Way, " because she's been leading the way for 60 years over in our neighborhood. (Applause) Mr. Bush: And so I stand to say, I commend you, Commissioner Holloman [sic], for making this kind of gesture to our community. Again, I'm in support, and I'm looking forward for the celebration. Harriette Wilson -Greene: Good morning. I am Dr. Harriette Wilson -Greene, from Omega Power & Praise Ministry. I am here to speak on behalf of Ms. Dawkins, a mother, a leader, and a friend. I've known her for over 23 years, when my son played little league. And when we wanted to take the children out of town and we didn't have the money, she came and told us -- when we came to her daughter -- The thing I like about Ms. Dawkins is -- and the thing I like about it being named for her, because 50th Street, she has been there for everybody; the little kids, the little league, the senior citizens. Anyone that knows Ms. Dawkins know that she's there for you. She is a leader. And it's not that you have to be the one that's in front of the City of Miami Page 58 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 cameras, because you can go right there to her house and knock on her door, and she'll answer it for you; and you could talk and tell her whatever you need, and she'll help give you advice. And she will tell you, If I can't get it done, I'll find a way to help you. But if I can't get it done, then you go this direction. " And I was so privileged to know that this was coming up to be named after Ms. Dawkins. It couldn't be a better person that we could have chosed [sic] to be named after this street, because she have lived there, she have paved the way. She's been therefor everyone. And as a community leader -- and most of all, she is a servant. And I like the fact that she encourages us to get busy, to get involved; to let us know that we don't have to sit back and wait on someone to come to us; you get busy, and that's the type of leader that we have in Ms. Dawkins. And I am so honored that y'all are having this for her today, and I pray that you vote for her. I pray that we get that street name. And I love driving down 50th Street, because I am a part of this community. Thank you. Chair Hardemon: Thank you. (Applause) Unidentified Speaker: Activist, the bold and beautiful, communicator, collaborator, dedicator, environmentalist, a finisher; anything that she starts, she finishes; humane. This 93 -year-old princess, your highness, servant of the community, deserves while she lives; who let this community know how much they appreciate her. She has been a role model of the young, the old, the bold, and the beautiful. She's involved in the AARP; almost a 50 year member of Delta Sigma Theta; organized the business and professional (UNINTELLIGIBLE), which has served boys and girls. By doing this for her, you're letting the community know that she's not a Don Shula, she is not a Dan Marino, but she is a citizen of this community, and she deserves to have 50th Street in her honor. Thank you. Commissioner Gort: Thank you. (Applause) Leroy Jones: So I think the most beautiful thing about today is that Ms. Dawkins get the opportunity to happen, and not wait till she pass on and we name a street after her. She's here to witness the love that this community has for her. So Ms. Dawkins, I want to say, I want to thankyou -- Commissioner Gort: And you are? Mr. Jones: Leroy Jones -- Commissioner Gort: Okay. Mr. Jones: -- from the Circle of Brotherhood. I want to thank you for all the kind and encouraging words you have ever given me. It means so much to me. I want to thank you so much, and you really deserve this. It is an honor for me to say this on behalf of the Circle of Brotherhood that we love you, and we appreciate everything you've done for the Liberty City community and for the people of the City of Miami. Now, the next thing is to do, let's put the sign up tomorrow, because nothing is promised tomorrow, you know. Chair Hardemon: Yes. City of Miami Page 59 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. ,Tones: Nothing is promised. Nothing is promised. So the quicker we do this, the better it is. She's 93 years old. Nothing is promised, so let's do it tomorrow. Thank you. (Applause) Chair Hardemon: Madam Holmes. Renita Holmes: Thank you, sir. I'm sentimental. It's been that moment, because I'm a woman of heritage, and I love you, just like I love my mother. On behalf of Wave of Women in Public Housing, Education, Finance & Development, I have to show my hair as well today; excuse me. I let my hair loose, momma. You know, in our community, I just -- and that was eloquent, Commissioner. I serve women all my life, but women been serving all their life. Women serve life. They create life. But in times like this, a matriarch in Liberty City, in a black community, when we have dealt with development and racism and brutality, and violence, this woman has had courage. But she's also been the wife, the partner, the pacifier, and I do believe the director of a man, Mr. Dawkins, her husband, who brings a lot of politics at home, and a woman has to separate politics from personal. No, I do, believe it or not. I don't have the certification. A black mother in a community that has guns, death, politics, and you know it because you face it as men. And I give accolades to your wife, as well. (UNINTELLIGIBLE) endures, but twice as much when you take the intellectual role, because you're either Sandra Blan, you're the angry black woman, you're the stuck-up chick. Who do you think you are, talking to the po po that way? Who do you think you are, demanding your tax money? You're a woman; stay in your place. And women, and particularly, you black women, belong in kitchens, barefoot and pregnant. These are some of the things that we have had to endure forever in our streets, in our community, on our neighborhood, and our blocks. And so you have withstood all of that, and I admire that. My mother is no longer living. She birthed 13 children [sic], but you birthed so many. And one of the best things I love about you, one of the best characters, one of the best talents and skills is you utilized it through education. Look at all of those beautiful women you have behind you, not just that they're African American. I mean, I can relate and idents. I think every woman and mother here can idents right now. You got your girls with you. So when you can hold your girls' attention, although they're out there and they're doing things, or they're poor, or they're working mothers, you sure had my attention. I used to come to you when nobody else would understand me. They didn't understand my passion. They didn't understand my strength. They judged the way I dressed. They did not know my intelligence and my education, because you utilized education to relate and identify. Now, the biggest and the most [sic] best education - - you've heard me say it before, and I'll close -- is to know yourself. You recognize yourself today. You all did. But you recognize us for who really are; that's honorable. We are powerful. We are strong. We are the backbones of every man, every other woman, and every child. But when you can come to this level and get that respect, and then they turn around and they rope off your block before they rope your body off, honey, you are phenomenal, and I love you for that. You keep talking. Now, if you didn't know, just in case for everybody to know, there are boys watching right now; there are women watching right now, because social media is the divide between a lot of us, even us as single mothers, head of households. And although you had a good man with you, ma'am, I still see you as a single individual woman amongst women, because you stand your ground, even when other women have been weak. But there are women and children watching you. You have left a legacy. You have left a block that represents, and that block is going to get larger, because it's okay to speak out, it's okay to say how powerful you are, it's okay to be with your girl, and it's okay to educate your children, and it's okay to tell the popo every now and then when you go home, "You might have the brotherhood, but it's the motherhood that rocks. " So I thank you kindly for this honor. I thank you kindly for City of Miami Page 60 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 allowing me to speak. I thank you kindly for being yourself. But I'm going to tell you about a woman, and then I'm going to walk away as the executive director of Wave of Women in Public Housing, Education, Finance & Development, and a had chick. A woman could take (expletive) and grow roses. You have done that on that block. And there are women and children watching your way, and I appreciate you for being who you are. Thank you so much. God bless you. And can we now name the avenue after her? Chair Hardemon: Thank you. Ms. Holmes: Because you know women: We never satisfied; we always need more. Thank you so kindly. (Applause) Craig McQueen: Craig McQueen, 765 Northwest 36th Street. I just want to echo everything that has been said. Many moons ago, when some police officers and some citizens got together to start a youth program inside of Hadley Park, we needed a couple of matriarchs to assist. Ms. Dawkins, her husband, and everyone was there. And again, as we spoke about before, give the roses while they can smell them. So again, on behalf of Greater Miami South Florida Pop Warner, we honor you. And Commissioners, thank you for this community for Ms. Dawkins. (Applause) Chair Hardemon: Want to close the public hearing at this time. And I know -- if there are any comments from the dais. Commissioner Carollo: Move it. Chair Hardemon: Commissioner Gort. Before you get there. Commissioner Gort: Second. Chair Hardemon: Before we get there -- Vice Chair Russell: He wants to move it. Commissioner Gort: I don't want to say how far back I met Ms. Dawkins, but not only did she help and worked in that community, but she helped and worked everywhere in the City of Miami. Her wisdom and volunteer work that she did help a lot of people in the City of Miami. And I'm very grateful to you. And I visit your home many times. I got some good advice from you. And we work together in that park to make sure you get what you have. So congratulations, and God bless you. (Applause) Chair Hardemon: Is there any other comment from the dais? Commissioner Gort: Doesn't the Commissioner should be sworn in? Chair Hardemon: Seeing -- Have you been sworn in in the back, Commissioner Suarez? Commissioner Suarez: I have, sir. City of Miami Page 61 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: He has. He's sworn in, so he's duly elected. Well -- or appointed, rather. Victoria Mendez (City Attorney): And he was sworn in with that new oath. Chair Hardemon: The new oath. Commissioner Suarez: Can I -- Mr. Chair, may I? Chair Hardemon: Please. Commissioner Suarez: I just want to say that -- First of all, thank you all for that gesture of your confidence in me. And I want to just say something about Ms. Dawkins, who is a giant in our community, an example for all of us. And, you know, having grown up close to her husband, I can say that her -- his legacy continued on in her, and they were inseparable in terms of their dedication to the community that they served, and it's evidenced by all the people who are here today as an expression of love and support for her generosity of spirit and for her vocation to our community. Thankyou. God bless you. Chair Hardemon: Seeing there are no further comments, what -- I'd like the record to properly reflect that I m passing the gavel on to the Vice Chairman, and I'd like to move that we accept PH 14, the co -designation of Nancy S. Dawkins Way. Commissioner Suarez: Second. Vice Chair Russell: PH 14 has been moved by the Chair -- Commissioner Carollo: Second. Vice Chair Russell: -- and seconded by Commissioner Carollo. Chair Hardemon: And I'd like to add that, you know, Commissioner Gort, who I -- out of his presence, I always refer to him as "The good man always, who does the right thing. " Any time I refer to him to other people, he's the good man that always does the right thing. I don't have to worry about him, because he'll do the right thing, so as long as I'm presenting something that's right, he'll support it. He would always say to me before I became a father that he loves his girls, and "There's something about these girls, and you'll understand when you get there. " And I think, as men, especially those of us who are married, we came to a different respect for women once you earned a wife, and I think it's expounded upon when you have a daughter. And so, if there are men here that have daughters, raise your hand, raise your hand. You hear people talk about feminists, and the general idea of a feminist is usually a female, but I think men with daughters are some of the biggest feminists that you've ever met, and I don't mean that in all the negative terms in which people do refer to feminism. I'm talking about someone who supports rights for women, because they want their daughters to be the best that they can. They don't want no man to ever tear them down to make them less of themselves. And when you look your daughter into the eye -- I don't care how old she is -- eight months, two years old -- as Jerome Shiller's daughter is today -- or 35 or 64, you see all the love that I believe only God could have given us. And so, Ms. Dawkins, to you, this is the continuation of the love and support that I've learned, especially, and I know that all of us feel for young girls, for young women, for our mothers, and for our grandmothers. You are an example to women and men of how to be a fine person. And what's most impressive about you is not that you stood there on that same block, but you were there through all the trials and the tribulations that not only you had to face, but that your husband had to face. And despite his passing, you're still here City of Miami Page 62 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 doing the work, which shows me --just like there's some husband and wives that are before us today -- that a wife is her own person; and everything that she does, it shines a light on her personally. She is not a shadow of her husband; she is an individual, and she deserves the respect and admiration of herself as an individual. And so, this honor to you has nothing to do with the accolades that your husband has ever given -- has ever been given, or the work that he's done for this neighborhood, this City. This recognition of you is for the work that you've done on your own right, every. single day. We love you. We honor you. And let this recognition of you shine as an example that this board of gentlemen, including the Mayor, we support women right here in the City of Miami. Thank you so very much. (Applause) Commissioner Gort: Very good. Chair Hardemon: Mr. Chair? Commissioner Gort: Call the question. Chair Hardemon: Mr. Chair? Vice Chair Russell: I'm sorry. Forgot I'm the Chair. I got swept up in the moment. Commissioner Gort: He's thinking of his girls. Vice Chair Russell: Yeah, the question's been called. And, of course, with no further unreadiness, all in favor; say "aye " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Nancy Dawkins Way. (Applause) Ms. Holmes: We love you, mother. Nancy Dawkins: I'm really lost for words. I have a lot of them in me, but at this moment, to God be the glory. (Applause) Ms. Dawkins: There are so many of you -- and I could go done down the line personally -- that I have touched your lives. And it brought back memories to me to see Commissioner Willy Gort still sitting here, because he was a part to helping us with AARP, with the building that is over there, and I don't want to go into anything else that I've done. The Bible say, "Let the work you've done speak for you, " and this morning I heard part of it; it was just a reminder. And I'm still working, as long as I have breath in my body, to try to help others, because I will always remember when you can keep your ahead when all others are talking about you, criticizing you, talking about you, do good. And someone else is always looking at you, and they're looking after you. I don't know what your religion is, and I'm not going into it, but I was born in Christianity, and I depend on someone Who's over all of us, and we are accountable to Him, and that's where I look for my health and my strength. I am humbled, and I am thankful. And I will still work as hard as I possibly can to help train and to help others to do good and not evil, and to try to make this world a better place. To God be the glory. Thank you. City of Miami Page 63 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 (Applause) Ms. Dawkins: These two (UNINTELLIGIBLE) -- should know this is the City Manager. If I want something done, you got to start protocol, here, there, there, and everyone up here, so thank you. And this little one back here in the back also (UNINTELLIGIBLE). Cartwright -- Vice Chair Russell: For the record, James McQueen. Ms. Dawkins: (UNINTELLIGIBLE) very well. (UNINTELLIGIBLE) Ms. Cartwright, she's a fighter, and when she fights, it's different. I come, and I don't beg; I ask. (UNINTELLIGIBLE) and I haven't seen you over (UNINTELLIGIBLE). Mr. Bush: That's why it was an appropriate name, "Nancy Dawkins Way. " Chair Hardemon: Yeah. Thank you very much. Okay. So I'd like to remind everyone what our rules are here within the City Commission. I know we've suspended them a little bit just in honor of Ms. Dawkins, but if you are in support of an item, we refrain from clapping. You can express your support by having spirit fingers or shaking your hands in the air, but please refrain from clapping and outbursts. PHA 5 RESOLUTION 2218 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, AYES: APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ABSENT: 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; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $100,000.00 TO GREATER MIAMI SOUTH FLORIDA POP WARNER, INC. FOR GENERAL PROGRAM FUNDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0287 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For additional minutes referencing Item PK15, please see "Public Comment Period for Regular Item(s). " City of Miami Page 64 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: Seeing no other person that wants to speak on PH 15, I'll close the public hearing for -- Commissioner Suarez: Move it. Chair Hardemon: -- PH 15 by itself. Commissioner Gort: Second. Chair Hardemon: It's been properly moved by Commissioner Carollo -- I'm sorry -- by Commissioner Suarez and seconded by the Vice Chairman. Any further discussion? Vice Chair Russell: It was second by Gort. Chair Hardemon: Oh, second by Gort. Vice Chair Russell: I'd be glad to do it, as well, but I missed it. Chair Hardemon: All in favor say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passed as to PH 15. Commissioner Suarez: God bless you guys. Craig McQueen: Thank you. Thank you. Commissioner Suarez: God bless you guys. Vice Chair Russell: That was PA (Personal Appearance) -- Chair Hardemon: PH 15. Vice Chair Russell: 15. Thank you. END OF PUBLIC HEARINGS City of Miami Page 65 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 1749 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED, ENTITLED GARBAGE AND OTHER SOLID and Mayor WASTE," BY UPDATING AND CLARIFYING THE PROCESS FOR ABSENT: COLLECTION OF GARBAGE AND OTHER SOLID WASTE IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item FR.], please see "Public Comment Period for Regular Item(s). " Chair Hardenzon: Let's move on now to our first reading ordinance. FR. 1, Madam City Attorney, read it into the record. Victoria Mendez (City Attorney): Thank you, Chairman. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I believe there will be some amendments on the floor that will be done between first and second. If not -- No? Okay. Then no amendments. There may be one in second reading, though, if anybody -- that's what I was -- No? No amendments at all? Okay, no amendments. Disregard that. Chair Hardenzon: All right. The Chair would like to entertain a motion to approve. Vice Chair Russell: I'll move it. Commissioner Gort: Move it. Second. Chair Hardenzon: It's been moved by the Vice Chairman; seconded by Commissioner Gort. Any further discussion on the item? Seeing none, all in favor, say „aye. " The Commission (Collectively): Aye. Chair Hardenzon: Motion passes. Commissioner Gort: (UNINTELLIGIBLE), great presentation City of Miami Page 66 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 FR.2 ORDINANCE First Reading 2099 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XVI OF Planning and THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED "PLANNING Zoning ("CITY CODE") ENTITLED AND ZONING/ART IN ABSENT: PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT, AND AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item FR.2, please see "Public Comment Period for Regular Item(s). " Chair Mardenzon: Madam City Attorney, read into the record FR.2. Victoria Mendez (City Attorney): FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: There's also the companion item, which is PZ.20, which we'll address right after. Chair Mardenzon: Do we have to address it right after? Ms. Mendez: Well -- okay, we'll wait. Or do we wait for this one and address it with PZ.20? Vice Chair Russell: I'd like to move -- Ms. Mendez: I mean, we were going to do them together, pass them together. Chair Mardenzon: You're going to have to open up the PZ (Planning & Zoning) hearing, read everything on the record, swear people in. Ms. Mendez: Right, so then we'll wait. Can we wait for --? Chair Mardenzon: You can pass R -- FR.2, and then conte back to PZ when we get there. Ms. Mendez: Okay. Chair Mardenzon: I believe the Vice Chairman was about to make a motion? City of Miami Page 67 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: Sure. I have a motion. I have some questions. Chair Hardemon: What's your motion? Vice Chair Russell: To pass FR.2. Chair Hardemon: It's been moved to approve FR.2; seconded by the Chair. You're recognized, sir. Ms. Mendez: There was a substitution that was passed, I believe, on this. Vice Chair Russell: Efren, how are you? Efren Nunez (Planner II): Efren, with the Department of Planning & Zoning. Vice Chair Russell: So, Efren, thank you. I know you've worked on this for a very long time. You know, we've got a lot of crises in the City, but historic preservation and public art should not be ignored, I firmly believe. How it gets paid for is important, and that it's done in an equitable way is important. But in our last round of trying to accomplish this, I know we bifurcated it, and we left it only to government -related buildings would generate this fund. And based on passing that, we created the board; they're all ready to go. But if I understand correctly, if we just rely on those government buildings to generate this Art in Public Places Fund, what would be the amount -- average generated annually? Mr. Nunez: Give me a second. Let me -- Vice Chair Russell: I received a couple different numbers. One was a hundred and something thousand and one is four hundred -something thousand. Mr. Nunez: So we've been working with CITP (Capital Improvements & Transportation Program) in terms of trying to calculate what is the projected revenue in terms of what contributions have to be done through our Public Works list in terms of projects, and that fluctuates per year. So we went off the basic budgeted list that they provided our office. Not all the projects that are public projects would qualify, according to the revisions that were made on January 12, so any projects that are structures -- infrastructure projects wouldn't qualms for a public art component under the Code. So we estimated approximately for this fiscal year around $29 million worth of construction or structures and renovations of existing structures. That 29, 421, 858 equals $441, 000 worth of public art. Vice Chair Russell: In this particular -- Mr. Nunez: In this particular (UNINTELLIGIBLE) Vice Chair Russell: -- cycle? Mr. Nunez: So from that 441, 70 percent would go towards the acquisition of actual art; that means $308,928.90. 10 percent would go to historic preservation; that would be $44,232.78. 5 percent would go towards education; that would be $22,000.66. And for the administration, maintenance, and insurance, would be $66, 000. Now, based on the private sector implementation, based on construction dollars, it would equal approximately $14,000,027 --fourteen million, twenty-seven, one hundred sixteen thousand dollars [sic]; of which, if we break that dollar amount down, it would equal to 9,818,981 for the acquisition of public art, 1,000,402 towards historic preservation, 701, 000 towards the educational -- City of Miami Page 68 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: When you say "educational, " that's programmatic art? Mr. Nunez: Correct. So, working with nonprofit organizations that promote the vision, performing arts in areas that are economically challenged within the City of Miami. And 2 million for insurance, maintenance, and management of the program. So there's a -- that's the difference between having one and then having both of them together. Vice Chair Russell: Right. I understand. Truly Burton came and spoke; a few others spoke about concerns with regard to how this adds to the cost of housing. I know in the legislation, right now, there's a provision for affordable housing; on a case-by-case basis, can be waived by the board; is that correct? Mr. Nunez: So, the way the legislation is written, and based on the direction from January 12, the Commission directed us to exempt affordable and workforce housing. Under the County Code 2-11, affordable housing projects that receive S&P (Standard & Poor's) or GOB funding or that are that are done on County -owned land are not exempt. So what we've done is all the other projects -- and this is where it's applicable -- GOB and S&P funded projects would have to comply, pursuant to County Code, and we cannot waive or lower the requirements, pursuant to home rule authority. So what we've done is, on all the other cases, all the other projects that are not on County land and are not funded by County dollars, those could be exempt, pursuant to this waiver process. Vice Chair Russell: Now, when you say, "Not funded by County funds, " can you clarify? So let's say it's a privately owned affordable housing complex, but they're receiving HUD (Department of Housing and Urban Development) dollars that they get through the (UNINTELLIGIBLE) County. Mr. Nunez: So the County Code specifically says, "GOB funded projects, " so they're receiving GOB tax dollars. Vice Chair Russell: Yes. Mr. Nunez: Those would have to comply with the public art component Vice Chair Russell: Right. Mr. Nunez: And speaking to the Cultural Affairs Office, it's usually -- it's always in their contract, when they enter into contracts with the County that they have to comply with all applicable requirements of County Code, which includes Section 2- 11.1 S of the public art requirement. Vice Chair Russell: I'd like to proffer an amendment that says, `Anything that falls within that category you just mentioned that would go through a process of potential waiver just be automatically waived, " so that the board is not dealing with a bunch of affordable housing projects on a case-by-case basis to decide which ones should pay into art or not pay into art. I think, when it comes to comparing the crisis that affordability in those units is more important than making sure that they put public art on location, and I think we can utilize a lot of the offsite payments that are going to be made by many of the developers to help make sure that we still include art within our affordable housing areas, in the public spaces and the right-of-ways [sic] in those areas, as well, but that would be my amendment. Is there a wording that you can come up with that would accomplish that? Mr. Nunez: We can simply just do -- look at the Code and see, instead of doing a waiver, straight exemption process. So we'll -- City of Miami Page 69 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: Those who qualms. Mr. Nunez: -- work with Legal Office to make sure that we can incorporate that language. Vice Chair Russell: Thank you. Let me think if there were any other concerns that were brought up. Mr. Nunez: The -- if I may, through the Chair, yesterday we received a notice -- a letter from the University of Miami in terms of wanting to modify Section 1.5(b)(4) for large-scale projects. Originally, they had given us language which said 40 -- properties of 40 acres or more under one common ownership shall provide a master -- a Public Art Master Plan. UM (University of Miami) has brought to our attention that the 40 acres that they own are not under their total ownership; that some of the land is actually leased from other entities, and that they would like to modify that language from "ownership " to "control, " and staff has no objection to that tweak in that language. Vice Chair Russell: I'd be fine with that. Because when we did the first round, when we were considering this, we had issues from Wynwood, we had issues from University of Miami. Those have been incorporated now into this legislation. This is just a -- Mr. Nunez: Correct. So -- Vice Chair Russell: -- a last (UNINTELLIGIBLE). Mr. Nunez: -- my understanding is that Wynwood submitted a letter saying that they are now fully satisfied with all the text changes. And UM has submitted this letter yesterday saying they're satisfied with all the changes, subject to that one word change from "ownership" to "control, " and eliminating "continuance" [sic], because their 40 acres isn't continuous [sic], but they're scattered throughout the Health District. So we modified -- we removed "continuous" [sic] and then we've changed "ownership " to "control. " That's the recommendation, and we have no objection to that. Chair Hardemon: So can you explain then to the board and the public, how is it now that this is different from before, affecting the Wynwood, the NRD-1 (Neighborhood Revitalization District), and the -- and places like the University of Miami? Mr. Nunez: So previously, the legislation that we had before was allowing --first -- our first objection [sic] was to exclude Wynwood from the public art requirements. In having multiple meetings with Wynwood, Wynwood has provided us with different language that would allow them to create their own public art program. Since Wynwood is a little bit unique in terms of the aesthetics, murals, we spoke with them. We came up with a plan where they would create their own Public Art Master Plan. That Master Plan would be reviewed and -- by the Public Art Board. The Public Art Board will make a recommendation to the City Commission, and the City Commission will go ahead and approve the Wynwood Public Art Master Plan and the design guidelines for the Public Art Master Plan. That text was incorporated into this language, and as such, this is what's been presented. Chair Hardemon: University of Miami? Mr. Nunez: So the University of Miami had provided us language before. And this is really for UM large (UNINTELLIGIBLE) -- the SAPs (special area plans) that are City of Miami Page 70 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 out there. We spoke to Dacra, where Dacra and UM had indicated that they had large parcels of land where they have existing art pieces within their property. They came -- We came up with this language to allow large -scaled developments that -- to provide a master plan to the City of Miami for review, and allow them to take credit for some of the artwork that they already have, and then we will go ahead and deduct that credit as they continue to build some of the buildings. So there was a compromise to allow them to take credit for the work, the artwork that's scattered throughout Dacra, throughout UM, throughout their medical campus. Of course, we would still review it and make -- and -- pursuant to the legislation in terms of the criteria of the artwork, and we would go ahead and give them a credit. So as they continue to build more buildings, we would subtract for that credit until that credit has been eliminated. Chair Hardemon: So, for instance, in -- and in the Wynwood area -- well, let's say in -- let's start with the Dacra area. When you look at the area there in the Design District, they actually have installations, so pieces that you can see, touch, feel, sit on; things of that nature. We know that in the Wynwood area, it's mostly murals that are painted on walls, which can be covered with paint, equally so. Mr. Nunez: Correct. Chair Hardemon: One good coat of paint would remove the artwork from Wynwood, and it would look like any other place. I hope we can agree to that. Mr. Nunez: It is something that we've been going back and forth, because we understand that the mural concept is very temporary in nature. We also understand that those warehouses that are there won't be there forever, as we can see all the development that is occurring in Wynwood. That was the going back and forth between the Planning staff, where we originally didn't feel that it would be the appropriate thing to do, because what we do want is -- you know, the Wyn -- the essence of Wynwood is all this art that you see everywhere. What we didn't want is, as Wynwood continues to evolve and develop, for that essence to go away. However, in speaking with the BID (Business Improvement District), they indicated that they do have -- and as we see regulations within the NRD-1 language is to go ahead and to give them some -- require them to still do a public art component, which still has to be reviewed by the Public Art Board and by the City Commission. However, there is -- that concern is, how permanent is this temporary art that we have in nature in terms of what's existing there? Chair Hardemon: The BID itself is not permanent, as I understand, right? The BID has a sunset date, correct? The BID sunsets. So then there's a time where the BID organization will not be there; unlike, for instance, the Art in Public Places, where the art installation is there and it will be there. Most of the art that we think about in Art in Public Places is a permanently installed piece, or a piece that is reasonably foreseen to be there, unlike, say, paint on the wall. And so, part of my concern is how is it that you do make accommodations for the walls that will be painted? Because the ownership will not always be the same. Someone may sell. Someone may conte up with a different concept that they want to choose to go with, and they choose to paint over what is a mural, so that's the first thing. And then the second thing is -- and so what do you -- how do you handle that? And how -- what -- Even with the design board, or the board they're recommending that they want to use, will there be any physical pieces of art that will be generated from that? And then second, what about other communities? For instance, I'm assuming they're getting this credit as Wynwood, but I'm sure there are going to be some other communities that may --for instance, when I think about my -- in -- on the -- I call the Upper Eastside of my district. When you look at -- there are some warehouses over there that -- there's an art movement that's going that way. City of Miami Page 71 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Nunez: Correct. Chair Hardemon: And so, when they look to have new construction of buildings or renovations and et cetera, are they going to be able to benefit from using the art on the walls, the sante as Wynwood, or is this --? You know, they -- Wynwood was there, and so they kind of cashed out. They did -- you know, got the best benefit, and everyone else is kind of stuck in the -- Mr. Nunez: Well, it's different. And so in terms of what Wynwood's going through, the art that's there now will not count towards any credit, because it's usually a warehouse that's been used as a gallery. All the new development that comes in, it comes down. There's a mixed-use building, commercial/residential. So it's total new construction. That new construction would have to have some art component, and this is where Wynwood wants to have the opportunity to come up with their own guidelines, requirements, which we don't know what those guidelines are. However, we do have very specific guidelines for the rest of the City, where there has to be this one and a half-- well, depending on the tier, wherever the project falls. The art has to be covenant to the property to make sure that the art is visible to the general public, that it has a certain monetary value, that it's going to remain onsite, and has a life span. So there's a series of criterias [sic] that we do have for the rest of the City. For a case -- a project in the Upper Eastside, when it comes in, you know, that single structure that's there gets redeveloped; that new building would have to have a public art component attached to it. So when it -- now coming back to Wynwood, we are -- we do not know what those requirements would be, because they don't have a master plan or a set of requirements. Those are something that they want to go ahead and come up with and present it to the Planning administration and then back to the City Commission. Ms. Mendez: So I believe there's an amendment that was in the substitution that basically, until they come up with their regulations, they need to comply with ours. And so, the faster they come up with their regulations, the faster they can do their own thing. Mr. Nunez: That is correct. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I'm open to the Wynwood exemption for the idea that the intention of this is to encourage public art and help regulate it, and they've already done that in a way that's not organic in just random graffiti artists. This was a very well -coordinated designed community in terms of art, and it was meant to be based around public art. And so, their type of art, though, is different than what might be approved or recommended by this board. They're not looking to put a statue of David in front of every building. Their art is very hard to quantify or value, and it is very transient. It may be different one month from now. What I think what we can be confident of is that Wynwood has a plan that is incentivizing and producing public art much more than anywhere else in the City. So I wouldn't be worried that they'd be taking advantage of this exemption to not fulfill the goals of the legislation. Chair Hardemon: Commissioner Gort. Commissioner Gort: Northwest 7th Avenue, if you looking at it lately, you've seen all of the art that's beginning to come up on all the buildings through 7th Avenue. A lot of the artists from Wynwood are moving into Allapattah and 7th Avenue, and so City of Miami Page 72 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 on. I have people buying property there. They want to create -- Matter of fact, one of the projects create a whole block, make it a -- sort of a museum like and (UNINTELLIGIBLE). My worry is -- I think art is very important We had about four buildings that just been built in Allapattah, and had beautiful art, which I think is very good for affordable housing, for people to look at the art. My question is, how do you going to work with this plans and the presentation to the Building Department? Because a lot of times, every time we add something like this, it gets delayed. I mean, art is very subjective. I mean, we all are artists, and we all have different opinions. So I know you got certain criteria and guideline, but I want to make sure that that can be implemented from the beginning when the plans are approved. So I don't want this to be --hold it in the Building Department for three or four month, because somebody didn't like the art. I think it should be done right away. Mr. Nunez: To answer your question, I think this is why it's really important to have it within the Planning Department. The Planning Department meets with developers and the attorneys in the early stages, when they're first coming in to figure out what is it that they can build. This is when we go ahead and start talking to them. You know, you have this requirement. What is the best way to incorporate the requirement? We would like to see art integrated into the structures, you know, to have, you know, world-class buildings for a world-class city. So it's in the early stages that we want to start working with the developer the minute they come into our office to see if this is -- "Hey, can I build this? " Or "What do you think about, " you know, "this process, this project that we're looking to bring to the City? " So this is -- the first step is to catch them in the first step and start working with them. As we go through the boards, you know, there -- one project might have to go to PZAB (Planning, Zoning & Appeals Board); another project might go to UDRB (Urban Design & Review Board). We want to work with them in the early stages to make sure that what each of these boards gets is what we're looking to present, as well. Commissioner Gort: Come back again. How many boards they have to go through? Mr. Nunez: It depends on the project. So some projects might be in the Historic District, so -- Commissioner Gort: Okay. Mr. Nunez: -- they might have to go to a historic board; other projects might require Urban Design Review. This also helps tighten up our sections in the Code. Commissioner Gort: Will they be influencing the type of art? Mr. Nunez: In terms of the art that's being proposed? Commissioner Gort: Yes. Mr. Nunez: No. Commissioner Gort: No. Mr. Nunez: They wouldn't be enforcing the art that's being proposed. But to answer some of your questions, I think, like looking at the County model in terms of -- she just mentioned, there's a lot of artists moving into Allapattah. This is also another source of employment. The County has specific requirements: When you have a certain threshold, to hire a local artist. We -- as you've seen, there's a lot of City projects now that we've started incorporating public art. Lots of the art that's being City of Miami Page 73 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 incorporated in our own public projects are local artists in the community. So this opens job opportunities for lots of local artists within the City of Miami, as well. Daniel J Alfonso (City Manager): Commissioner, ifI may add one more thing, Mr. Chairman. The art component can be worked on all the way through CO, the Certificate of Occupancy. So we wouldn't hold up the permits for beginning construction based on whatever the art might be, so. Commissioner Gort: No. That's what I want to make sure, that things get done; that they don't stay in an office -- Mr. Alfonso: They can (UNINTELLIGIBLE). Commissioner Gort: --for month. Okay. Mr. Alfonso: Right. Chair Hardemon: All right. Are there any other questions about FR.2? There's no motion on the floor. Vice Chair Russell: There is. Chair Hardemon: There is? Commissioner Gort: There is. Todd B. Hannon (City Clerk): I have Vice Chair Russell, and seconded by the Chair. Chair Hardemon: Seeing no further questions, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: As amended. All against? Motion passes. Commissioner Gort: I want to make sure we sit down and get together before we go to second reading. Thank you. City of Miami Page 74 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 FR.3 ORDINANCE First Reading 1374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 4/ARTICLES I AND II OF THE CODE OF THE CITY OF "ALCOHOLIC Planning and MIAMI, FLORIDA, AS AMENDED, ENTITLED Zoning BEVERAGES/IN GENERAL/NIGHTCLUBS"; MORE ABSENT: PARTICULARLY BY REPEALING SAID SECTIONS IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SECTIONS 4-1 THROUGH 4-11; ADDING DEFINITIONS; PROVIDING FOR HOURS OF SALES; PROVIDING FOR AN APPROVAL PROCESS; PROHIBITING MINGLING; PROHIBITING ALCOHOL SALES DURING EMERGENCIES; PROVIDING REGULATIONS AND EXCEPTIONS TO DISTANCE SEPARATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. FR.3 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For additional minutes referencing Item FR.3, please see "Public Comment Period for Regular Item(s). " Chair Hardenzon: FR.3. I don't think there's a need to read it into the record. Victoria Mendez (City Attorney): This is the Alcoholic Beverage Ordinance. Do you want me to read it into the record? Are we --? Chair Hardenzon: No, because I don't think we're going to vote on it today. Commissioner Gort: (UNINTELLIGIBLE) move for deferral. Chair Hardenzon: Commissioner Gort-- Commissioner Gort: I received a lot of calls front -- Chair Hardenzon: -- is moving for a deferral. Commissioner Carollo: Second. Chair Hardenzon: Seconded by Commissioner Carollo. Discussion. Commissioner Carollo: To what date, Commissioner Gort? Deferral to continue it? Ms. Mendez: I would request -- Commissioner Gort: Continue it. City of Miami Page 75 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: No, I dis -- I would disagree. If we could -- in the next meeting, if we could take up first reading, we could get to second reading by the original intended date, and that wouldn't hold up the other side. Are you shaking your head? Ms. Mendez: Vice Chairman, the only problem is if there are anything -- any amendments and things that you wanted to get in that ordinance that would address - - we have to print -- is like tomorrow, I believe, so it would be really tight. Chair Hardemon: It would continue until -- Commissioner Gort: My understanding is that they already had -- The Central Business District in downtown Miami is very important. I think they have met with the staff- they have met with the -- and I think they have some kind of agreement. All they need to do is sit down with the Planning Department and make sure that we can listen to them. Okay? Vice Chair Russell: I would like to give direction to the management, please, on this issue. And I know you want some direction from us. Daniel J. Alfonso (City Manager): Yes, we would like direction from the Commission, because the original intent -- from my understanding, what we were asked to bring -- and Francisco will correct me if I'm wrong -- we were trying to, one, get the State and the City aligned in terms of the 2,500 square foot for restaurants to be able to have their liquor licenses. We wanted to, Commissioner Gort, put in the ability for us to do a lot of enforcement that we have tried, and we don't have those capabilities right now under the current Code, but we weren't touching specifically caps on how many licenses in the district; we weren't changing distance requirements, et cetera. If we want to do those things, I think that that's going to require a significant amount more of discussion, and that's why we were trying to keep those things separate. As the Chairman knows, you had not proffered a change to the district that you were talking about because of that. So, you know, does this Commission wants to go full force and change everything right now; or do we want to pass what allows us enforcement? And if that's the case, then we can move this forward and have a first and second reading; and then, we can come back with separate items later, to deal with all those other issues of the different districts. Chair Hardemon: Vice Chair. Vice Chair Russell: What's been brought to me, though, is that the changes, as we have laid out, do have unintended consequences and are substantive; they don't necessarily just clean things up. So what I would like to do is sit down with the Planning & Zoning Department to go through all the requested changes from the different stakeholders, because they've conte in from many different directions. Within the DDA (Downtown Development Authority) and the CBD (Central Business District), there's definitely been some requests. The Coconut Grove BID (Business Improvement District) has decided to take up their own cafe district, because they know that what's changing here will not apply to them and could work against them, but they're going to go through those steps, and I see a few other places are considering the same thing. But I have a few sheets of many changes. I'd love to sit down with you, because I know we've had some meetings where I felt some consensus happening, but the devil's into details, and I'd really like to hear from you what the unintended consequences of approving those requests are, good and had, and then I think we can make a decision on where we get -- at least from my part. I know this affects the whole City in different ways and different parts, so that's what makes it a little tricky, but -- City of Miami Page 76 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: All right. It's been properly moved and seconded to continue to the next like meeting. All right. All in favor say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. FRA ORDINANCE First Reading 2156 AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING Office of the City PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, Clerk FLORIDA PURSUANT TO SECTION 100.3605, FLORIDA AYES: STATUTES, FOR THE GENERAL MUNICIPAL ELECTION TO BE ABSENT: HELD ON NOVEMBER 7, 2017 AND A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 21, 2017; DESIGNATING CERTAIN SITES AND A SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item FR.4, please see Item NA.1 Commissioner Gort: FR (First Reading). Chair Hardemon: So let's move now to RE. 4 [sic]. Commissioner Carollo: I move RE. 4 [sic]. Hold on. But I think we have to make an amendment to that. Chair Hardemon: Right. There are some amendments that need to be made. Victoria Mendez (City Attorney): Would you like me to read the--? Chair Hardemon: The amendment that needs to be made? Ms. Mendez: Yes. The amendments that would be made on FR.4, which is an ordinance -- and I would have to read that into the record -- would be to add the District 4 race. Nicole, is that correct? Nicole N. Ewan (Assistant City Clerk): That is correct. Ms. Mendez: Okay. So I will read the ordinance into the record, Chairman. Chair Hardemon: Yes. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 77 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Ms. Mendez: As amended by adding District 4, as well. Chair Hardemon: All right. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. That was RE. 4, correct? Ms. Mendez: That was ER. 4. Chair Hardemon: That was ER. 4. END OF FIRST READING ORDINANCES City of Miami Page 78 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 2274 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"), ATTACHED AND INCORPORATED, BETWEEN ABSENT: THE CITY OF MIAMI ("CITY') AND VIVIAN CARRATALA ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA ('PROPERTY'), CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 11,992 SQUARE FEET, AS LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF $345,000.00, CONTINGENT UPON THE CITY OBTAINING A WRITTEN APPRAISAL FROM A LICENSED FLORIDA APPRAISER STATING THAT THE APPRAISED VALUE OF THE PROPERTY IS, AT A MINIMUM, THE REFERENCED AMOUNT HEREIN; 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 IN THE AMOUNT OF $226,835.78 FROM THE DISTRICT 4 PARK LAND ACQUISITION PROJECT NO. 40- B50568 AND ALLOCATING FUNDS IN THE AMOUNT OF $153,164.22 FROM CITYWIDE PARK EXPANSIONS AND LAND ACQUISITION PROJECT NO. 40-1340507, FOR A TOTAL AMOUNT NOT TO EXCEED $380,000.00, TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COSTS OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-17-0303 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: So on our RE (Resolution) agenda, we basically have 10 items, but RE.4 was passed; RE.7 was withdrawn. So what I'd like to do is entertain a motion to approve RE.1, 2, 3, S, 6, 8, and 9. Commissioner Carollo: Can -- Chair Hardemon: Number 10 needs -- Commissioner Carollo: Yes. City of Miami Page 79 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: -- amendments. So what I'm basically doing is approving the RE agenda, except for RE.10. Commissioner Carollo: Right. But we're assuming that we're all voting "yes, " so what happens if, in some of those, we want to vote "no"? Chair Hardemon: Well, if there's some that you want to vote "no" on, I would suggest that you pull that item from that motion. Commissioner Carollo: Okay. So let's start pulling. RE. 3, and we need to have discussion with RE.9. Chair Hardemon: Okay. So the Chair would like to -- Vice Chair Russell: I had a discussion on RE. 6, but I don't intend to vote "no" on it; I just wanted to bring something up. Chair Hardemon: So then the motion will be to approve RE.1, 2, S, 6, and 8. Victoria Mendez (City Attorney): 1, 2, S, 6, and 8? Chair Hardemon: That's correct. Ms. Mendez: Thank you. Chair Hardemon: So I'll take Commissioner Carollo as the mover; the Chair will second. Commissioner Carollo: I'll move it. Chair Hardemon: Any further discussion on 1, 2, S, 6, and 8? Vice Chair Russell: Yes, please. RE.6 is support for the Biscayne Bay Marine Health Summit. I'm going to be sponsoring this event, and I welcome any other Commissioners who might be interested in this, if you want. I'll be pitching in a thousand dollars from, most likely, my discretionary fund; and obviously, we've directed the management to support. This is something that can be really good for the health of our bay. It's being hosted a little north of us, but it affects our entire Biscayne Bay, and it's a good environmental summit and cause. Commissioner Gort: I'll do the same. Vice Chair Russell: Thank you very much. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. City of Miami Page 80 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 RE.2 RESOLUTION 2343 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING AN INCREASE IN THE ANNUAL CONTRACT Procurement CAPACITY FOR CITYWIDE SIDEWALK IMPROVEMENT AYES: CONTRACT M-0096 IN THE AMOUNT OF $100,000.00, THEREBY ABSENT: INCREASING THE CONTRACT CAPACITY FROM AN AMOUNT ABSENT: NOT TO EXCEED $1,487,500.00 TO AN AMOUNT NOT TO EXCEED $1,587,500.00; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS, MODIFICATIONS, AND AMENDMENTS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0304 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item RE.2, please see Item RE.]. RE.3 RESOLUTION 2366 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Department of EXECUTE ALL ADDITIONAL DOCUMENTS, INCLUDING ANY Procurement ADDITIONAL REVOCABLE LICENSE AGREEMENTS ("RLA"), NAYS: AMENDMENTS, RENEWALS, EXTENSIONS, AND ABSENT: MODIFICATIONS, TO THE INVITATION FOR BID CONTRACT NO. 245233 FOR MURAL ADVERTISING AT VARIOUS CITY OF MIAMI FACILITIES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0305 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort NAYS: Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item RE. 3, please see "Public Comment Period for Regular Item(s)" and Item RE.]. City of Miami Page 81 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: RE.3. Annie Perez: Good afternoon, Commissioners. Annie Perez, director of Procurement. RE.3 is an amendment authorizing the City Manager to execute revocable license agreements and any other amendments to the Mural Advertising Contract. Chair Hardemon: Any discussion? Vice Chair Russell: This is RE.3? Chair Hardemon: Correct. Commissioner Gort: Move it. Chair Hardemon: Been properly moved by Commissioner Gort. Vice Chair Russell: I'll second it. Chair Hardemon: Seconded by the Vice Chairman. Further discussion? Seeing none, all in favor say "aye " Commissioner Gort: Aye. Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. City of Miami Page 82 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 REA RESOLUTION 2154 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of the City ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL Clerk ELECTION ON NOVEMBER 7, 2017 FOR THE PURPOSE OF AYES: ELECTING A MAYOR AND TWO (2) COMMISSIONERS; FURTHER ABSENT: PROVIDING FOR A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 21, 2017; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED FOR USE IN GENERAL MUNICIPAL AND RUN-OFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0315 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item RE. 4, please see Item RE.1 and Item NA. 1. Victoria Mendez (City Attorney): And now we're going, as you stated, RE. 4. Chair Hardenzon: RE. 4, okay. Ms. Mendez: And RE.4 is simply a resolution of the Miami City Commission, providing for a general municipal election on November 7. Chair Hardenzon: There's also -- there's not an amendment to that one, as well? Ms. Mendez: And that would have an amendment, adding District 4; is that correct? Nicole N. Ewan (Assistant City Clerk): That is correct. Ms. Mendez: Thank you. Chair Hardenzon: All right. Is there a motion and a second in accordance? Commissioner Carollo: Move it. City of Miami Page 83 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: Been properly moved by Commissioner Carollo; seconded by Commissioner Gort. Any further discussion? Hearing none, all in favor say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Have we gotten a signature from the Mayor yet on the appointment of Commissioner Suarez? Vice Chair Russell: He said he could veto it? Chair Hardemon: He can. RE.5 RESOLUTION 2211 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH MOVER: ATTACHMENT(S), APPROVING THE REQUEST BY THE Commissioners COCONUT GROVE VILLAGE COUNCIL AND AUTHORIZING THE and Mayor CITY CLERK TO REQUEST THAT THE MIAMI-DADE COUNTY ABSENT: SUPERVISOR OF ELECTIONS PLACE THE SLATE OF CANDIDATES FOR ELECTION TO THE COCONUT GROVE VILLAGE COUNCIL ON THE NOVEMBER 7, 2017, CITY OF MIAMI ("CITY") GENERAL MUNICIPAL ELECTION BALLOT, AT THE APPROPRIATE PRECINCT(S), CONTINGENT UPON THE COCONUT GROVE VILLAGE COUNCIL MEETING ALL CRITERIA SET FORTH BY THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS. ENACTMENT NUMBER: R-17-0306 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item RE. 5, please see Item RE.]. RE.6 RESOLUTION 2485 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners SUPPORTING THE 2017 BISCAYNE BAY MARINE HEALTH and Mayor INAUGURAL SUMMIT ("2017 SUMMIT") IN CONCEPT; DIRECTING THE CITY MANAGER TO PARTICIPATE IN THE 2017 SUMMIT AS APPROPRIATE AND FEASIBLE. ENACTMENT NUMBER: R-17-0307 City of Miami Page 84 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item RE. 6, please see Item RE.]. RE.7 RESOLUTION 1392 TO BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION and Mayor DIRECTING THE CITY MANAGER TO UPDATE THE CASH CONTRIBUTION AMOUNT FOR PAYMENT INTO THE MIAMI 21 PUBLIC BENEFITS TRUST FUND IN EXCHANGE FOR BONUS HEIGHT/FLOOR LOT RATIO AND PERIODICALLY UPDATE SAID AMOUNT THEREAFTER CONSISTENT WITH THE PROVISIONS OF SECTION 3.14.4(A)(3) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ......... ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For minutes referencing Item RE. 7, please see "Order of the Day" and RE.]. City of Miami Page 85 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 RE.8 RESOLUTION 2346 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PROVIDING FOR THE ISSUANCE IN A NOT TO Finance EXCEED AMOUNT OF ONE HUNDRED EIGHTEEN MILLION DOLLARS ($118,000,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF MIAMI, FLORIDA ("CITY") LIMITED AD VALOREM TAX REFUNDING BOND, SERIES 2017 ("BOND") AND THE COSTS OF ISSUANCE THEREOF; APPROVING THE SELECTION OF, ACCEPTANCE, AND EXECUTION BY THE CITY MANAGER OF THE PRIVATE PLACEMENT PROPOSAL FROM JPMORGAN CHASE BANK, N.A. AND PROVIDING FOR THE PRIVATE PLACEMENT WITH AND NEGOTIATED SALE OF SAID BOND TO DNT ASSET TRUST, A DELAWARE BUSINESS TRUST AND WHOLLY OWNED SUBSIDIARY OF JPMORGAN CHASE BANK, N.A. ("DNT ASSET TRUST"); SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE BOND AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, OF A LOAN AGREEMENT, THE BOND, AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, BOND COUNSEL, THE CHIEF FINANCIAL OFFICER, THE FINANCE DIRECTOR, FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, FINANCIAL ADVISOR, BOND COUNSEL, THE CHIEF FINANCIAL OFFICER, THE FINANCE DIRECTOR, BOND REGISTRARS AND PAYING AGENTS AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE THE NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, ALL NECESSARY ESCROW DEPOSIT AGREEMENTS, NOTICES, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE REDEMPTION OF (A) ALL OF THE CITY'S OUTSTANDING CITY OF MIAMI, FLORIDA LIMITED AD - VALOREM TAX REVENUE REFUNDING BONDS SERIES 2007A (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS), IN A PRINCIPAL AMOUNT OF SEVENTY NINE MILLION NINE HUNDRED SIXTY THOUSAND DOLLARS ($79,960,000.00) ("SERIES 2007A BONDS") AND (B) A PORTION OF THE CITY'S OUTSTANDING CITY OF MIAMI, FLORIDA LIMITED AD -VALOREM TAX BONDS, SERIES 2009 (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS), IN A PRINCIPAL AMOUNT OF THIRTY-TWO MILLION THREE HUNDRED SEVENTY THOUSAND DOLLARS ($32,370,000.00) ("SERIES 2009 BONDS"); RATIFYING, APPROVING, AND CONFIRMING THE CONDITIONAL NOTICE OF REDEMPTION OF THE SERIES 2009 BONDS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH; AND PROVIDING APPLICABLE City of Miami Page 86 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 EFFECTIVE DATES. ENACTMENT NUMBER: R-17-0289 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item RE. 8, please see Item RE.]. 2347 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PROVIDING FOR THE ISSUANCE IN A NOT TO Finance EXCEED AMOUNT OF TWENTY-SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($27,500,000.00) IN PRINCIPAL AMOUNT OF A CITY OF MIAMI, FLORIDA ("CITY') SPECIAL OBLIGATION BOND, SERIES 2017 ('BOND") AND THE COSTS OF ISSUANCE THEREOF FOR ENVIRONMENTAL REMEDIATION AND MARINE STADIUM FLEX PARK CAPITAL IMPROVEMENTS PROJECTS (COLLECTIVELY, "PROJECTS"); APPROVING THE SELECTION OF THE PRIVATE PLACEMENT PROPOSAL FROM RAYMOND JAMES CAPITAL FUNDING, INC. ('RAYMOND JAMES") AND EXECUTION THEREOF BY THE CITY MANAGER; PROVIDING FOR THE PRIVATE PLACEMENT WITH AND NEGOTIATED SALE OF SAID BOND TO RAYMOND JAMES; SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE BOND; AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, OF A LOAN AGREEMENT, THE BOND, AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; FURTHER AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, BOND COUNSEL, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; RATIFYING, APPROVING AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH; AND PROVIDING APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-17-0288 City of Miami Page 87 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort NAYS: Carollo ABSENT: Hardemon, Suarez Note for the Record. Direction by Vice Chair Russell to the City Manager to provide a briefing on the potential plans for the Marine Stadium Flex Park and to propose renaming the park as "Marine Stadium Beach Park' Note for the Record. For additional minutes referencing Item RE. 9, please see Item RE.]. Chair Hardenzon: RE.9. Erica Paschal: Good afternoon, Commissioners. Erica Paschal, director of Finance. RE.9 is a resolution to approve a special obligation bank note with Raymond James, in an amount not to exceed 27. S million for the Park environmental remediation cost and the construction related to flex park, at a rate of 2.5 percent. Chair Hardenzon: That's a much better rate than yesterday. Any further discussion on this item? Commissioner Gort: Interest at 2.5? Ms. Paschal: 2.56, yes. Commissioner Gort: .56. Commissioner Carollo: Mr. Chairman. Chair Hardenzon: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. So I want to have some discussion on this item, and I'll start by saying that I continue to have issues with how, in the City of Miami, we don't honor our agreements, whether it's with our unions, with Flagstone, Museum Park. Back in 2015, it was promised that we were going to have a park, a flex park, within 30 days from the boat show. That promise went unmet. Some called it a "bait and switch. " And I don't understand now what we're doing with flex park, because last I heard, we couldn't do what originally we were intending. So starting with that flex park, what's happening? What are we doing? You're asking for the money, but we don't have any drawings in the backup; we don't have any plans in the backup. Daniel J. Alfonso (City Manager): Commissioner, this bond is to repay ourselves for the work that has already been done. If you recall that project, the total project was estimated at the end, I think about $24 million once we did all the changes, memorandums, and whatnot. The amount borrowed was 16 million; the other 8 million were provided by the NMMA (National Marine Manufacturers Association), or additional general funds. So this item right here is about reimbursing ourselves for the $16 million that we already spent, as authorized by the Commission when originally, the intent to borrow the money was issued, when we wanted to bring the boat show to the City ofMiami. The other portion of this 27 million is, as you recall, City of Miami Page 88 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 we were having issues finding the funding to do the remediation in our parks, so it was recommended that we go ahead and borrow the money to expedite the remediation in many of our parks. The Commission said, "Yes, " so we have now spent almost fully the entire 11 million or so dollars. I think we're still working at one of Commissioner Gort's parks to finish. But this money is practically all spent. We're just paying back ourselves the IOU (I owe unto) that we kind of put on the books. As to the issue of what's going on with the park, I -- we -- I do recall having a discussion with the Commission where we talked about hiring a architect to talk about what would be the best use of the flexible space. That process is ongoing. I can ask our -- either CIP (Capital Improvements Program) or -- Commissioner Gort: I'm okay with it. Mr. Alfonso: -- Planning & Zoning to talk about that, but that would be a separate issue from reimbursing ourselves. Commissioner Carollo: Well, I'm understanding this a little differently. It's not just reimbursing the City; it's also including that part of a flex park, because the original amount, including the park, which we have not gotten, and I don't have any drawings, I don't have any backup saying what's happening with it. So, once again, I continue to say I have an issue with continuously not honoring what was stated on the record, what was agreed to, and what was included on the agreements. Mr. Alfonso: Correct. So you've -- There is still in the allocation of funding for the park some unspent money, because we -- Commissioner Carollo: Exactly. Mr. Alfonso: -- did not finish the part of the artificial turf -- Commissioner Carollo: Exactly. Mr. Alfonso: -- which was the original design. Commissioner Carollo: Exactly. So it's not just reimbursement for the amount spent; it's also that park. Mr. Alfonso: But the amount spent exceeds the 16 million originally authorized by the City, so we are reimbursing ourselves the 16 million. I want to make that clear. The money that remains unspent is general funds dollars that we allocated to do the additional work. Now, that additional work -- you're right -- has not been done, because we brought a discussion to the Commission that we encountered some difficulties with it, and now, we went in the direction of hiring a landscape architect or hardscape architect to talk about what would be the best use of that space. Commissioner Carollo: Let me ask you, how are we planning on paying this money back? Mr. Alfonso: As the Commission approved, this is budgeted to appropriate, sir; annual operating budget. Commissioner Carollo: Annual operating budget? Mr. Alfonso: Non -ad valorem; yes, sir. Commissioner Carollo: Non -ad valorem. And is it backed by the general fund? City of Miami Page 89 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Alfonso: The general fund non -ad valorem, sir, yes; as approved by this Commission over a year ago. Commissioner Carollo: Okay. But right now, the amounts expended were general fund dollars, and they were expended, so the work was done in order -- because, obviously, the boat show did come out. And this is twofold. We'll get to the other part about the remediation of parks, but this is twofold. So the monies have been spent? Mr. Alfonso: That is correct. Commissioner Carollo: And we still have a healthy fund balance, correct? Mr. Alfonso: Yes, sir. Commissioner Carollo: Okay. However, we still have a union that did not have a contract for this whole year. We have another union that's coming up for a new contract. And we haven't even addressed that we didn't fare too well in the Supreme Court and we haven't fared too well in PERC (Public Employment Relations Commission), and there's a possibility that we have -- we may have a major liability looming over us. So I think that needs to be taken into consideration before we address going out to this bond, even though it is non -ad valorem taxes. Mr. Alfonso: Okay. I would argue, sir, that the best thing to do would be to go ahead and borrow this money to give us cash to put back into the coffers; otherwise, you would be saying, "You know what? Do not finance this. Reduce my fund balance by that amount, " and it would give us less money with which to handle those issues. Commissioner Carollo: But my problem is, once again, then you're going to use it for this flex park that we have no plans for; that we have no drawings for. Mr. Alfonso: We have already used it, sir. My -- it's not that we're not -- We have already used it. We already put $20 million of infrastructure into that space. We are reimbursing ourselves for 16 of it; the other four are gone. Commissioner Carollo: Okay. Mr. Alfonso: We have more than spent the 16 that we're asking you to reimburse back; which, by the way, is something the Commission approved over a year ago. Commissioner Carollo: Understood. And we approved based on different agreements. We approved based on your Administration saying that we were going to have a flex park within 30 days. Mr. Alfonso: Commissioner, if this -- if the Commission decides not to spend the additional 3 million, I believe, that remains for the landscape, hardscape, whatever, and keep it in reserve, we can deallocate the funding and not do anything with the space, but we still would have to reimburse ourselves for the $16 million. Vice Chair Russell: Commissioner, if I could interrupt, I think the sentiment policy - wise of where you're going is absolutely correct. Financially, I agree with the Manager that we need to reimburse ourselves for what has been spent on that park. If 16 million was spent to spend it [sic], we have to pay ourselves back to make sure we remain whole. But the sentiment of where you're coming from is absolutely correct. What is there is not what was promised. What was approved in order to allow those monies to be spent was a rendering that included soccer fields. And if -- City of Miami Page 90 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 let's just be fully honest with ourselves. That's not what's intended for that space at this point. It is meant to bean event space that hosts the boat show. All the infrastructure that was put there was to host the boat show, which has been a success. But this lack of transparency with regard to what the intention was has put us at odds with our neighbors, it's a fight that I m still working to settle up with Key Biscayne, and it's betrayed the trust of the public for what they thought was going to be there. Virginia Key is such a sensitive area for us, and I really feel like the park aspect of the flex park has really become an afterthought. If $3 million is set aside, I don't feel like we've moved the ball forward quickly enough to show any true intention that we care about that part of it up to now. If there's an architect that's been hired, I -- You remember I tried to get us out to Amelia Earhart Park about seven, eight months ago, to start looking at the sports that can be done on a flex park type of space, on an asphalt space, because there's not a lot you can do, and it may not have been feasible to roll out AstroTurf, and the grading and everything. That should have been contemplated before a promise was made to the public, because that leaves us in a position of a bait and switch in the end; but in the end, we do have to reimburse ourselves for the money spent on that event space. Commissioner Carollo: But we have to reimburse ourselves -- I mean, incur a debt service? We could have paid --we paid for it. Vice Chair Russell: So it's a hole right now that we could fulfill with this and leverage it. Commissioner Carollo: Right. Why? I disagree. What -- why? We don't have to. We still have a healthy reserve. Let's know what we're doing in the future and then see what we need to -- what debt service we need to go for. I'll go -- And now, let me take the other step. With regards to the remediation, which we result -- which we've also paid for it -- if you notice, once again, you know, Bayfront Park Management Trust is really a victim of the success it's had, because not only are we one of the only organizations -- if not the only organization, not only in the City -- in the County, South Florida -- we could continue -- that not only is self-sufficient, but at the same time, we're being asked -- or told -- to use our funding for capital, which is unheard of. The only park in the whole City of Miami that paid for its own remediation at the tune of $1.3 million was Bayfront Park. Now, we did it; you know, we could go forward. But you know what? That money could have gone -- if you wanted to use it for capital; which, again, we're the only organization, you know that is self-sufficient, self -sustained -- that could have gone to, you know, the playground. It could have gone to many other things if you want -- if you, indeed, wanted us to use it for capital. But not only are we budgeting our operations -- I'll tell you what, I invite everybody to come to our 4th of July fireworks show, that great fireworks show in Bayfront Park, paid by the Bayfront Park Management Trust, you know. And listen, that's our mission, and we're happy to do so, but I think it's extremely unfair that the City turns a blind eye to Bayfront Park; I would argue Museum Park, also. But anyways, the remediation of Bayfront Park was paid by the Bayfront Park Management Trust. All the other parks are paid by this, by this bond offering. And I think there needs to be some type of equitable determination. Chair Hardemon: Commissioner Gort. Commissioner Gort: I think it's very important to know in my neighborhood, I cannot have events in my parks to create the funds that you have in Bayfront Park. We have four or five major events that produces the million [sic] of dollars, and you get it. And one of the reasons you're able to do that -- You've done a wonderful job in administrating the funds in there -- is because you inherit a park that we spent about $30 million to put together, and it was a great place to put it in. If I recall, we City of Miami Page 91 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 had plans for the Museum -- I mean the -- what's the museum? The park that we want to renovate the building, the -- Vice Chair Russell: Which? Douglas or -- Commissioner Gort: No, no; over there at the Virginia. Vice Chair Russell: The Virginia Key Historic Beach Park. Commissioner Gort: Because it -- not only that, but the building itself that we wanted to rebuild, the historical building we have in there at the -- What is the name of that park? Vice Chair Russell: Which park? Commissioner Gort: I'm talking about the one we're discussing, Virginia. Vice Chair Russell: On Virginia Key? Commissioner Gort: Yeah, where the boat shows were -- used to be. Mr. Alfonso: Oh, the Marine Stadium. Commissioner Gort: Marine Stadium. Geez, I -- my apologies; it's been quite a bit. We talked about bringing Marine Stadium back. We need income to maintain Marine Stadium. As I recall, people came in front of us and says, "The Bayfront Park" -- "The boat show can produce Y amount of money that will help us support the Marine Stadium, " and I think we all voted, "Let's have the Marine Stadium. " And I think the Marine Stadium -- the boat show has been very successful. You know, it's created some funds, and this is -- we need that. If we're going to have that Historical Marine Stadium, we have to keep it, and we have to have the funds to do so. Commissioner Carollo: By the way, I have no issue with the boat show. And you know what? We paid for the work. I don't think we have an outstanding debt for the work that was done; it was cold cash. But I disagree with now going out for this bond. Vice Chair Russell: With regard to the park remediation monies, I believe that's 11 million of the -- Mr. Alfonso: 10 million. Commissioner Carollo: 10.1; 10.1 million. Vice Chair Russell: 10.1. I mean, this is where I came from. Merrie Christmas Park was the very beginning of my story, and even in there was a bait and switch, because their letter was delivered to me -- to my house from the City, saying that the park would be remediated based on an anonymous donation. That anonymous donation never existed. I'm glad that we have this bond now to help us cover those costs, truly, so that there won't be a hole, and the contamination of those parks, whether it's Southside Park, Curtis; whether it's Douglas, which is just opened again, and is absolutely amazing -- Capital did an amazing job on that, and I think we should have a little event there to welcome the neighborhood back. And each park that we've remediated, the technology involved in the remediation has become better and better, and better to where I think we're really servicing our neighbors and kids appropriately with this, but we got to pay for it, and this is the method. I agree with your sentiment, Commissioner Carollo, and Bayfront Park has definitely City of Miami Page 92 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 pulled more than its weight with regard to the remediation itself, and if there wants to be discussions about, you know, about the funding generated from this bond and Bayfront Park, I'm open to it. But I would like us to pass this item to at least go out for that bond to reimburse for all of these items. Commissioner Gort: I'll move it. Vice Chair Russell: It's been moved. Commissioner Gort: I'd like to see Curtis Park finished after two years. That's the most used park that we have in Allapattah, and we're still working on it. Vice Chair Russell: Absolutely. Is that the last one? That's great. That's really good to hear. Commissioner Gort: We're always the last. Vice Chair Russell: And I would like to direct the management to give a briefing on the plans for the flex park. I would --which I would like to see renamed as Marine Stadium Beach Park, that whole area, because it'll all be incorporated together as Marine Stadium; the new beach that was brought in with the sand; and, of course, whatever we activate that parking lot with, which I think it can be so much more than just a parking lot. We've got the funds. I'd like to see what the potential plans are, if we're going to go out for an REP (Request for Proposals); not just for an architect, but for some sort of activation design, a sporting design, a recreational design. Whatever that might be, I'd like to see what that is. It's been moved. I'll second it by the Chair. I don't know if we need to wait for a third vote to get this passed. Commissioner Gort: The Chairman's here. He's over there. Vice Chair Russell: But then it doesn't -- Chair Hardemon: The Chairman -- Vice Chair Russell: -- then it -- Commissioner Gort: Is there -- he's listening. Vice Chair Russell: Oh, the Chairman is here. So -- Commissioner Carollo: It could pass on a 2-1. Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Russell: All right. Fair enough. Is there any further comment -- I'm sorry. Todd B. Hannon (City Clerk): Excuse me, Vice Chair. The resolution does need to be amended, simply to include Resolution R-17-0288, and it's more of just an administrative matter. Vice Chair Russell: I'll trust Todd. Commissioner Gort: As amended. Vice Chair Russell: As amended. Seconder approves. Any further discussion from the dais? All in favor say "aye " City of Miami Page 93 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Gort: Aye. Vice Chair Russell: Aye. Commissioner Carollo: No. Vice Chair Russell: And one "no. " Motion passes. Ms. Paschal: Thankyou, Commission. REA 0 RESOLUTION 2455 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), ADDING CAPITAL PROJECTS, ADDING NEW Management and FUNDING SOURCES, REPROGRAMMING AND Budget REAPPROPRIATING EXISTING SOURCES TO AMEND THE ABSENT: FISCAL YEAR 2016-17 MULTI-YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 6, 2016, PURSUANT TO RESOLUTION NO. 16- 0393, AS SUBSEQUENTLY AMENDED ON SEPTEMBER 20, 2016, PURSUANT TO RESOLUTION NO. 16-0445, ON NOVEMBER 17, 2016, PURSUANT TO RESOLUTION NO. 16-0565, ON MARCH 9, 2017, PURSUANT TO RESOLUTION NO. 17-0108, AND ON APRIL 27, 2017, PURSUANT TO RESOLUTION NO. 17-0206, (COLLECTIVELY, "CAPITAL PLAN"); FURTHER REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS IN THE CAPITAL PLAN TO REFLECT SUCH AMENDMENTS; 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 WITH THE CAPITAL PLAN AND THE CITY FISCAL YEAR 2016-2017 FINAL BUDGET, AND FOR GRANTS IN PROGRESS. ENACTMENT NUMBER: R-17-0316 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For additional minutes referencing Item RE.10, please see "Order of the Day. " Victoria Mendez (City Attorney): Vice Chairman, I think the next one is RE.10. Vice Chair Russell: RE. 10. I know we jumped around a few -- RE.10, I've got crossed off until July 13, or did we bring that back? That's -- Ms. Mendez: That's the one that's going to have amendments on the floor. City of Miami Page 94 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: Then we're going to do it now. All right. We'll do it live. RE.10. Christopher Rose (Director): Good afternoon, Commissioners. Chris, Office of Management & Budget. RE.10 is a capital appropriation. Composite Exhibit "A" involves three new appropriations. The first one is for purchase of heavy equipment for Public Works Department, using special revenue funds. The second one is an appropriation of funds for the Police Marine Patrol Facility, with funding that's already been received. And the third one is appropriation of funds for the purchase of the Triangle, up by the old Miami Arena that was approved two meetings ago, and that will be reimbursed over time, as we go forward. Composite Exhibit "B " which is on pages 2 through 5, includes re -appropriation of funds from projects that are either completed or of a lower priority to projects that are of a higher priority. So lines 1 through 9 are at the request of District; 10 through 18, District 2; lines 19 through 31 are at the request of District 3, which includes the 6 million -- 6, 000 that we talked about earlier today; lines 32 through 42 are at the request of District 4; 43 through 52, at the request of District 5; and lines 53 through 67 are for citywide projects. As we discussed earlier today, I do have a few floor amendments to read into the record. The first one is on page 3 of 5, Composite Exhibit "B " line 24, at the -- We're going to increase the amount from $6, 000 to $8, 000. This funding is available, and we would just increase that to 8, 000. On line 30 of the same Composite Exhibit "B " the "B" number was incorrectly listed, and so, instead of being 40-B-1 73643, it should read, "40 -Bl 73 645 "; project title remains the same and the amounts remain the same. On page -- again, 3 of 5, line 31, again, the "B" number was incorrectly listed. So instead of 40-8173643, it should read, "40- 8173646"; again, the project title and amounts remain the same. On page 1 of 5, again, Composite Exhibit "A," we need to add a new line 4, which is a new appropriation for "B" number 40-B30837A, which is a traffic construction from DRI (Development of Regional Impact) special revenues, as opposed -- as approved in Resolution 14-0219, passed by this Commission on June 12, 2014. The funds are available, and we're appropriating them to this project. On page 5 of 5, Composite Exhibit "B " we need to add a new line number 68 to reallocate $250, 000 from Funding Source Award Number 1122, Sanitary Sewer funds, from "B" number 40- 8173722, which is a City Park -- Citywide Park Restroom Remodeling, to "B" number 40-8301848, which is the Virginia Key Beach North Point Park; this is just from a general "B" number to a specific "B" number. Finally, on page 5 of 5, Composite Exhibit "B," we need to add a new line number 69 to reallocate $257,303.72 of Funding Source Award 1426, contribution from the general fund, from "B" number B -- 40-B40355C, which is D3 Lighting and Safety, to "B" number 40-84713, which is D3 Park, Streets and Lighting Improvements. Be happy to take any questions you may have at this time. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Please. Commissioner Carollo: A quick correction. He said that various items were at the request of District 3. Most of them were; not all of them. Mr. Rose: I stand corrected, sir. Chair Hardemon: Page 4 of 5, line 43. Mr. Rose: Yes, sir. Chair Hardemon: The Alleyway Improvement Program, I think I allocated maybe close to $2 million, I believe? City of Miami Page 95 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Rose: Yes, sir. Chair Hardemon: So here, we're taking from that and giving to something else. Why? Mr. Rose: Your staff had talked to us about that, sir. You wanted the Belle Meade Traffic Calming Circle done, and this was the funding source that we had identified for that. There's still a great deal of funding available for the Alleyway Program, but this was the only funding available for that traffic circle. Chair Hardemon: Because with the money that I have there, with the alley improvements, we didn't idents all of the alleys. Mr. Rose: That's correct. Chair Hardemon: There were some alleyways that we thought that -- I wanted to see how much money we had so that we can finish all of them, because we had complaints that said, "Listen, you're doing everyone else's alleys. Great. " And I've already seen some of the work being done, but there were a significant number of individuals that said, "We want our alleyways done, as well. " So I don't want to spend all the money from the Alley Improvement Project before I've even had an opportunity to see one alley improved. Mr. Rose: Understood. So should we strike line 43? Chair Hardemon: I think so. Mr. Rose: Okay. Chair Hardemon: And we'll -- we have to find another funding source for the -- you know --for the improvement that you're looking to make. Mr. Rose: Yes, sir. Chair Hardemon: Because, you know, I mean, there's some moving around, if you will, because even when I look at that line 45, you're taking away from Streets and Sidewalks and then you're putting it into -- well, that's Streets and Sidewalks, so you Mr. Rose: Yes. That -- Chair Hardemon: It's from one "B" number to another "B" number? Mr. Rose: Yes, sir. Chair Hardemon: What's happening? Mr. Rose: The -- line 45 was a project that's complete, and we're moving it into the Alleyway Improvement Program. Chair Hardemon: Let me ask you a question. Mr. Rose: Yes, sir. Chair Hardemon: The money that I dedicated for the Alleyway Improvement Program is there? City of Miami Page 96 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Rose: Yes. Chair Hardemon: It has not been moved? Mr. Rose: The only one that we would move is line 43 that we just struck. Chair Hardemon: So, for instance, you're taking money from -- on 45, you're taking money from one thing and putting it into the Alleyway Improvement Program. That means that -- it is 2 point something? Mr. Rose: Yes. Chair Hardemon: Okay. Mr. Rose: Increasing the Alleyway Program. Chair Hardemon: There hasn't been a need for an increase, though, right? Mr. Rose: There has not. We had talked about putting as much money from closed projects into that program that we could possibly put in; that was the last word we had talked about. I can proffer an amendment, sir. Chair Hardemon: One second, one second. We do have funds that we've allocated, because I was told that this was funded before, but then find out that it was not funded. We have funding for the --and I always misstate what the technical term for this is, but on Oakland Grove Park, the -- it's almost like a dock. Mr. Rose: I'm going to have to talk to my Capital folks; forgive me. Chair Hardemon: They don't know what I'm talking about. deovanny Rodriguez: Good afternoon, Commissioners. deovanny Rodriguez, director, Capital Improvements. Yes, sir, you do have funding available for that project. It's the replacement of the wood dock that was there before. If I recall correctly, it was to the tune of $280, 000 that was in the previous allocation, and it's there, and we're working on that project now, as we speak. Chair Hardemon: When you say, "We're working on it as we speak, " what do you mean? Mr. Rodriguez: We're working in the design of it. Originally -- Chair Hardemon: Help me understand what you mean by "design, " because the dock is very simple that I've seen. I mean, it's been fenced off now, but it is a small -- I mean, it couldn't be wider than five feet; maybe it is, maybe it's not. I'm not an engineer. Mr. Rodriguez: It is. It's -- The intent was to replace very similar to what was there before, which it was a wood dock; however, it was underwater. So if you have to do some environmental service of that portion of the water, you have to include all of that. We have to -- part of the design. We have to apply for the environmental permitting, which in the past, that's what we explained that was going really to be the hiccup in this project, which is the environmental permitting. So we're working on the design to finalize the actual construction documents; and at the same time, we're meeting with the environmental agencies, and we're going through the permitting on that. City of Miami Page 97 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: So the $280, 000, what is that being used for? Mr. Rodriguez: For everything; that includes everything. Chair Hardemon: So there was no funding there before I allocated 280? Because what was told to me was that, yes, there was going to be -- You had various approvals to go through; however, there was -- You had already started the process. And to me, it sounds like you're at the very, very, very, very, very, very, very, very, very, very, very, very beginning of that process. And I have constituents who live near that dock who have to deal with it being fenced off,• that we've been telling them for as long as I've been in office that it was going through a process. Mr. Rodriguez: Sir, we -- and I don't remember if it was in the last appropriation or the one before that, but I know the money was appropriated into that project, you know, recently, as soon as -- Chair Hardemon: Right. But my point is that I would have, long time ago, put the money there if I had the understanding that there was no money there, but I was told that there was dollars there to do it, it was being done, and then I had no -- And now -- but now, I'm hearing something completely different, which is why we allocated the dollars at the last meeting. And so, what I'm saying to you is that -- I mean, there are a number of projects that have not moved. For instance -- I'll give you another example. The Seybold House. Mr. Rodriguez: Right. Chair Hardemon: Funding is there. Mr. Rodriguez: Correct. Chair Hardemon: We've given direction on many different ways. I've spoken to the Manager about it. He's exerted his authority, but I haven't seen any movement there. I mean, for some of those things, I just want you to get started. I don't even need to - - I don't need to dig a -- put a shovel in the dirt in a ceremonial -- I just want it done, you know? And so, you know, this is very difficult for me. And, you know, I'm -- my staff is changing a little bit, because we've had some -- as we call it them, graduations, and -- but there'll be some people that will be identified to make daily -- weekly contact with you all to ensure that, you know, things are getting done, because I don't like the feeling of being lost in the shuffle; especially when it's costing us things like amenities for our community. In reference to the -- so I really want these things to move; I really do. Mr. Rodriguez: Absolutely, Commissioner. And as a fact -- matter of fact, I am -- would like to meet with your staff on a monthly basis and kind of go over the projects so you can see how -- the movement of these projects. I know the timelines for a project has been a question in the past. I'd be more than happy to share a timeline -- Chair Hardemon: I know it could be -- Mr. Rodriguez: -- that we can get together. Chair Hardemon: Yeah. It can be -- it could be a long process. Mr. Rodriguez: Right. Chair Hardemon: But this has exceeded the timeline. City of Miami Page 98 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Rodriguez: It usually -- sorry. It usually takes, Commissioner, on average, for the smallest projects that we have, it usually takes about a year between design, permitting, and actually going into construction, so -- Chair Hardemon: Which is why I want to get started as soon as possible. So, you know, if I had known then -- I mean, this -- we could have built two by now of those little -- Mr. Rodriguez: Yeah. The original scope of the Oakland Grove Park was actually the furniture that we put there and some benches, and that was done some time ago; you're absolutely right. At that time, that was that it was -- The dock that was there, it was identified that it was in very poor condition, and then it was removed, because of safety issues. You're right; if we would have identified the money and we would have start working back then, we would have been much ahead of the game now, but that was not the case, so we started working as soon as we got the money; same thing with the Seybold Canal. We had that project with preliminary drawings for some time, and there was some discussion of which way to move forward. Finally, when we meet in your office, you know, several months ago, and you told us to move forward, we did. And we are in the process of working on that project, and we can provide you the timelines that we are. Chair Hardemon: The "B" number that's on line 43, that money is being transferred to, I need you -- I may need you for this, as well. Mr. Rodriguez: Sure. Chair Hardemon: The "B" number that's on line 43 that's being transferred to, when was that "B" number created; 8173642? Mr. Rose: It's a new number; this year, sir. I can say in the last couple of months; I can't tell you the exact date. I could proffer an amendment if you would like. The 353,000 -- 350, 000, on line 45, we could send it directly to the 2 column on line 43; that way, there's no movement of -- Chair Hardemon: Dollars out. Mr. Rose: -- that alleyway. Yeah. Chair Hardemon: Dollars out. Mr. Rose: Right. So -- Chair Hardemon: And the balance of that, you can move in. Mr. Rose: Yes, sir. Instead of moving it into -- yes. Chair Hardemon: So -- Mr. Rose: Instead of moving it into the Alleyway Program and then moving Alley Program to this project, we can just move it directly if that's acceptable to you. Chair Hardemon: So the 350 -- the portion that's necessary for the completion of that -- well, let me be more clear. Let's do this: The 200 that you're taking from the Alleyway Improvement Project in line 43 -- Mr. Rose: Yes. City of Miami Page 99 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardenzon: -- instead of taking it from there, you're taking it from line 45 -- Mr. Rose: Yes, sir. Chair Hardenzon: -- and moving it into -- oh, both of these; I mean, both of these, you've done that. Mr. Rose: Yes. So we would take the fund column, the left column of line 45 and take 200, 000 of that to fund the 2 column of line 43. Chair Hardenzon: 42 -- 40 -- Mr. Rose: That way, the Belle Meade Trak Circle gets funded directly from what's on line 45 right now, and it does not touch the Alleyway Program at all, sir. ChairHardemon: Okay. And then the balance of line 45 would go into the Alleyway Program, as it is stated, correct? Mr. Rose: Yes, sir. Chair Hardemon: Okay. So then you're striking the --from line 43? Mr. Rose: Yes, sir. Chair Hardemon: And once all this is completed, give me a copy of our capital plan appropriation so that I can kind of go through it again, as well. Mr. Rose: Will do, sir. Chair Hardemon: All right. Thank you all so much. Sir. Commissioner Gort: Let's go to line item 4 and 5. You transferred that fund, just taken it from number 1, District 1 and you're placing it in Juan Pablo Duarte. And what I requested there, the people asked me that we set up some kind of a gym, just to put a --sort of canopy roof. $57,000? Mr. Rose: Yes, sir. Commissioner Gort: It's going to cost $57, 000? I mean, I don't want a permanent structure, a lot of concrete, or anything like that. Kevin Kirwin (Director): Good afternoon, Commissioner. Kevin Kirwin, City of Miami Parks & Recreation. Yes, that's the estimate. Commissioner Gort: That's the estimate? Mr. Kirwin: Yes, sir. Commissioner Gort: To put a canvas over the --? Mr. Kirwin: The canopy with the poles; that's the estimate. Commissioner Gort: Okay. All right. I want to see the plan. Chair Hardemon: Are we finished with our amendments? City of Miami Page 100 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Gort: Yeah. Chair Hardemon: Yes? Is there a motion to approve, as amended? Vice Chair Russell: I'll move it -- I'll second it. Chair Hardemon: Moved by Commissioner Gort; seconded by the Vice Chairman. Any further discussion? Hearing none, all in favor say "aye " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Rose: Thankyou, Commissioners. Chair Hardemon: Thank you. END OF RESOLUTIONS City of Miami Page 101 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 AC - ATTORNEY CLIENT SESSION ACA ATTORNEY-CLIENT SESSION 2473 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 JUNE 22, 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 CASES OF IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, PENDING BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION; IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 170009 -EI, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION; AND CITY OF MIAMI, ET AL. V. FPL AND FL DEPT. OF ENVIRONMENTAL PROTECTION ("DEP"), DOAH CASE NO. 09-3107 (3RD DCA CASE NO. 3D14-1467), PENDING BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS X. SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, AND XAVIER E. ALBAN. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: I think we have an attorney-client session, or something like that. What do we have on our --? Commissioner Carollo: Executive session. Victoria Mendez (City Attorney): Yes. So we have an executive labor session and we have the attorney-client session. So which one would you like to do first? City of Miami Page 102 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Carollo: Executive. Chair Hardemon: He says executive. Ms. Mendez: Okay. And then I will -- Can I read now this one, or should I conte back and read for my shade meeting? Chair Hardemon: Read the executive session. Todd B. Hannon (City Clerk): Just a suggestion, but if we can do the attorney-client session, then we can pretty much just -- once the attorney-client session is done, then we can adjourn the meeting, and then you all can take as much time -- Chair Hardemon: Oh, okay. Mr. Hannon: -- with the executive session. Chair Hardemon: So people can go home? Mr. Hannon: Yes, sir. Chair Hardemon: Okay. Ms. Mendez: On June 8, 2017, under the provisions of Section 286.011(8) Florida Statutes, I requested that the City Commission meet in private to discuss the following litigation in the cases: In the matter of Florida Power & Light Company, Turkey Point, Units 6 and 7, Docket Numbers 52-040 and 52-041, pending before the U.S. Nuclear Regulatory Commission, in re: Nuclear Cost Recovery Clause, Docket 170009 -EI, pending before the Public Service Commission and City of Miami versus FPL (Florida, Power & Light) and the Florida Department of Environmental Protection, DOA Case Number 093107, Third DCA (District Court of Appeal) Case Number 3D14-1467, pending before the Division of Administrative Hearings, to which the City is presently a party. And the City Commission approved my request. I will now, at approximately 5:30 commence a private attorney-client session under the parameters of Section 286.011(8) Florida Statutes. The private attorney-client session will conclude approximately one hour later. The session will be attended by members of the City Commission, which include: Chairman Keon Hardemon; Vice Chairman Ken Russell; Commissioners Wifredo Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; myself, Victoria Mendez, the City Attorney; Deputy City Attorney John Greco; Division Chief for General Litigation Chris Green; and Assistant City Attorneys Kerri McNulty and Xavier Alban. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the Chairman will announce the termination of the attorney-client session. Thank you. Chair Hardemon: The meeting is in recess -- no, adjourned. Mr. Hannon: For the record, the meeting is in recess. Later... Chair Hardemon: This meeting is out of recess, and I will be closing the meeting for the day, so the meeting is adjourned. City of Miami Page 103 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Ms. Mendez: Thank you. END OF ATTORNEY CLIENT SESSION City of Miami Page 104 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 BC - BOARDS AND COMMITTEES BCA RESOLUTION 2476 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: Alex Gartenfeld Francisco Herretes Juan Valadez ENACTMENT NUMBER: R-17-0317 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: Mr. Hannon. NOMINATED BY - Commission -At -Large Commission -At -Large Commission -At -Large Todd B. Hannon (City Clerk): BC.1, Art in Public Places Board: Vice Chair Russell will be proffering the following names at the Planning Department's recommendation to three Commission at -large seats: Juan Valadez, Francisco Herretes, Alex Gartenfeld. Vice Chair Russell: I'll move it. Commissioner Gort: Second. Chair Hardemon: Properly moved and seconded. How many seats are on the board? Commissioner Gort: 11. Mr. Hannon: There are 11 members, and this will fill the remainder of the Commission at -large seats. Chair Hardemon: How many are Commission at -large; five, six? Mr. Hannon: You are correct, sir; five at -large seats. Chair Hardemon: All in favor of the motion, say "aye." The Commission (Collectively): Aye. City of Miami Page 105 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: All against? Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: If the -- And these aren't my personal choices; they were simply vacant spaces with exactly that number of seats available and what was left, so if you have any other suggestions, I'm certainly not trying to speak for the whole board in terms of these at -large seats. We're just trying to fill it, and I'm glad we actually have a budget now for them to utilize. But I welcome input. It's -- just want to proffer that. Chair Hardemon: Then their seat is for a year? The seat? Mr. Hannon: Yes, sir. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. END OF BOARDS AND COMMITTEES City of Miami Page 106 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 BU -BUDGET BU.1 BUDGET DISCUSSION ITEM 1511 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: BU.1. Christopher Rose (Director): Good afternoon again, Commissioners. Chris Rose, Office of Management & Budget. After reviewing revenues and expenditures, we are projecting a net yearend surplus of $21.6 million. That's a surplus of 23.3 million in the generalfund; offset by a deficit of 1.7 in the internal service fund. As we've been talking, healthcare cost continues to go up, and that is causing the deficit in the internal service fund. Most notably, though, I have to point out, as we discussed at the last meeting, 18 million of this projected surplus is directly attributable to building revenues and cannot be spent on anything other than building services. Therefore, when we take the 18 million of building revenues and the 5 million reserve that is required, if these projections hold true, we will not meet our Financial Integrity Principles, because we will not maintain the 5 million of reserve at the end of the year, as required. In addition to the internal service fund deficit due to healthcare costs, two departments are expected to finish the year over budget; one is, of course, the Building Department. They have higher than expected expenditures associated with security and with plans reviewed to meet the need of the workload. Second is the City Clerk's Office. They're spending a great deal higher than anticipated on advertisements, mainly associated with more boards than we had anticipated when we began the year. And I will be happy to take any questions you might have at this time. Vice Chair Russell: Thank you. Chair Hardemon: No questions? Commissioner Gort: No questions. Chair Hardemon: Seeing none, let's move on. Mr. Rose: Thank you, Commissioners. END OF BUDGET City of Miami Page 107 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 DIA 2239 City Manager's Office D1.2 2422 Commissioners and Mayor DI - DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING A PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - URBAN DEVELOPMENT REVIEW BOARD ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .. RESULT: NO ACTION TAKEN Chair Hardemon: DI 1. Commissioner Gort: Is this my discussion item? Chair Hardemon: DI1, annual report, boards and committees. Are there any annual reports of boards and committees? I guess we don't have any? DI1 ? Victoria Mendez (City Attorney): DI 1 is the -- Chair Hardemon: Oh, you have the audit? You have the -- Ms. Mendez: -- Urban Development Review Board. Unidentified Speaker: Are they here? Chair Hardemon: No. Ms. Mendez: They're not here Chair Hardemon: Oh, yeah, we have -- It looks to be that on -- no, that's March 9. April, May, June. Are there any boards that are supposed to make a presentation today, or is this just a placeholder? Commissioner Carollo: No, I think there's one. Ms. Mendez: Today was Urban Development Review Board, but I don't think they're here. Chair Hardemon: All right. I guess we'll continue that to another day. DISCUSSION ITEM DISCUSSION REGARDING MULTIMODAL TRANSPORTATION IMPACT FEES. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .. RESULT: DISCUSSED Chair Hardemon: Commissioner— City of Miami Page 108 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Daniel J Alfonso (City Manager): We have DI. 2, which was -- Chair Hardemon: Yeah, you had DI2. Vice Chair Russell: That's his, as well. Chair Hardenzon: DI 2. Commissioner Suarez: Yeah. So, again, this is -- We've been talking about -- and it really does dovetail, also, on resiliency, because resiliency, in part, is mass transit -- but we've been talking about for a long time -- Commissioner Carollo, myself, the Vice Chair, we've all talked about it -- a transportation impact fee. We've studied it, we have a report on it, and, you know, my -- you know, what we haven't finally decided is -- you know, I know we passed -- I was given reports that we passed on first reading the Arts [sic] in Public Places. And so, I just want to get a sense for -- if -- you know, what the Administration's ideas are. Give us a couple of options. One option is folding into the existing amount, and the other option being -- it being an add-on to the amount, because I want to see, also, how that juxtaposes with the Art in Public Places requirement that we've just essentially added to development costs. So, I mean, I just want to get a couple of options, okay? Mr. Alfonso: Right. Well, Commissioners, I mean, we can have our consultant talk about how the process for developing the impact fee was worked out, and what are the recommended fees; but, in effect, really, what we need from the Commission is direction on, do you want this impact fee to be an addition to the existing impact fees, which already total somewhere between 8 to $10,000 -- $8, 000 -- so it would be an addition to that; or do we reduce all the other impact fees, and kind of work that structure inside? We kind of need that direction from you so we can bring something back. Commissioner Suarez: I think there's a secondary component to it, which is, also, what projects we put in and what projects we do not put in. I mean, for me, personally, we should put in some amount for the Brickell Tunnel; that's just something that I feel very passionate about, something that I pushed for as an MPO (Metropolitan Planning Organization) member. Mr. Alfonso: Right. And so, you're talking about, what are the projects that we're going to build with it. But we're talking about whether there's going to be an impact fee -- Vice Chair Russell: Collected. Mr. Alfonso: --or not. Commissioner Suarez: I agree. Mr. Alfonso: Yeah. Commissioner Suarez: But I think they're both -- they both go hand in hand -- Mr. Alfonso: Okay. Commissioner Suarez: -- because the amount of the fee is based, in part, on the number of projects in the pipeline, and the amount of the projects in the pipeline. So if you have a --just like with the GOB (General Obligation Bond). If you have a billion dollars' worth of projects, the fee is going to be astronomical. There's no way you're going to be able to fit it in the already existing envelope of fees. So I think City of Miami Page 109 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 what -- there has to be a thoughtful conversation with all the Commissioners about what are going to be our transportation priorities for the City of Miami so that we can develop this fee. And then, if it's -- if it can fit within the envelope, then we have to make a policy decision of whether we want to squeeze some other fees or whether we want to add them to the already existing fees. Mr. Alfonso: The other question that I wanted the Commission to kind of give us some direction on is, do we leave the entire City as one district, and then that fee applies equal on the east side or the west side of the City, so the resident of Flagami is paying the same fee as the resident in Brickell? Or does the City look at splitting the City into an east and west or high density, lower density, so there's a higher fee on the higher density area with a lower fee on the lower density area, but then the monies are spent in those separate districts? Commissioner Suarez: And not that I want to further complicate things, but I think there is an additional wrinkle, and it's something that Director Garcia and I have been working on, which is the DRI (Development of Regional Impact), and to what extent is the DRI expansion going to create a potential revenue source of an impact fee that the County can collect and potentially dedicate to the tunnel? If the County were to collect money and dedicate it to the tunnel through the DRI expansion process, then I would be -- I would feel a little more comfortable, maybe, reducing our amount that's allocated to the tunnel for purposes of any sort of a impact fee that we charge. Do you get what I'm saying? So I know that -- I know Director Garcia is reaching out to the County, because we've twice deferred the DRI approval, and that's basically what we're looking at there. Commissioner Gort: Mr. Chairman. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me tell you, in some of my neighborhoods, the biggest complaint is someone rents a place, he wants to put a cafeteria, and some of -- the impact fee is $10, 000. That kills the business. That's it; they won't open. So we have to be very careful where we apply that. Commissioner Suarez: I agree Commissioner Gort: In some of our neighborhoods, you got small mom -and -pops shops that want to open up, and the impact fee kills them. Commissioner Suarez: I totally agree. I think -- and that was -- My original discussion on this issue was doing it within the already existing impact fee envelope; in other words, not increasing impact fees. Commissioner Gort: Okay Commissioner Suarez: But I think it's something we need to look at and we need to - - it's -- You know, I thought it was something easy. It clearly is not something easy. We've -- it's taken us a couple of years. We did an analysis of it. We now have a list of projects. We've got to look at that list. I suggest that they meet with each and every one of you. Commissioner Gort: I haven't seen a list of projects. Commissioner Suarez: They should meet with you; they should meet with all of you. Commissioner Gort: I mean, I would like to see it, because the -- City of Miami Page 110 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Suarez: I agree with you. Commissioner Gort: Do we have any idea of what the tunnel in Brickell will cost? Vice Chair Russell: The tunnel would suck the whole thing. Commissioner Suarez: There are some estimates out there -- Commissioner Gort: Will take all the money. Commissioner Suarez: -- but we're not going to pay -- I mean, what we had to pay for the port tunnel was basically 5 percent of the total cost, so it wasn't a significant amount. We got the entire benefit, if you will. So, listen, I would take that kind of a funding formula any day of the week, and twice on Sundays. Commissioner Gort: I don't have any problem with that, either. Commissioner Suarez: If the County did 45 percent and the State did 45 percent, and said, "Hey, you do 10 percent" -- that's why we created the Transportation Trust Fund; that's why we're creating these vehicles. But I think there needs to be more discussion with all of you as to how this is going to impact everybody. Vice Chair Russell: Certainly. If I could, Mr. Chair? Chair Hardemon: Please. Vice Chair Russell: To address some of the Commissioner's concerns, first of all, this is an absolute must. Traffic is probably number one, at the top of our lists and our residents lists, if you ask around, and any way that we can impact that positively, we should. And the purpose of this multimodal impact fee is to really connect that first mile, to say, whenever a new structure goes in anywhere in the City that it's going to generate a need of connectivity, and this impact fee should help create that connectivity. It is multimodal. Is there an argument that could say that the tunnel will help in this cause? Absolutely. But I don't want the tunnel to completely clear out this fund, because it's really meant to be that first mile connectivity that we need to get people to public transit, and the projects can be done to do so. Big projects as well? Absolutely; whether it's bay link, whether it's the tunnel, whether we can bring our matching set. But I think it's important enough, and we need it enough -- I believe we should stack the fees, and I think we should try and see an analysis of what that looks like. I don't want to rob from Parks; I don't want to rob from Fire to do this. Commissioner Suarez: That's the thing. Vice Chair Russell: I understand. Commissioner Suarez: I know; that's what I m saying. That's the thing, but -- Vice Chair Russell: So how that then negatively affects areas that can't necessarily command as high a rate or fee compared to the same impact fees they're going to be paying, I'd be open to doing a -- I don't know that we would need to bifurcate the City, but rather maybe assessing it in a way -- not simply based on the door, but based on the value of that door by square footage or something that -- if there's a price per square foot that it's -- cost is cost, but what it can market -- go for is going to be severely affected. It's going to have a desperate impact on other areas that can't carry this impact fee without really struggling. So I'm -- but the negative side City of Miami Page 111 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 of bifurcating the City, if you cut off the intake of that impact fee from that area, you're also cutting off the expenditure within that area, and then you get a negative that -- all the development happening downtown will not benefit the City, which it's meant to. I'm a big proponent of bifurcating the impact fee in a way that is proportional. I really believe a percentage of it should stay near where the impact happens, because that impact drops in, that building drops in, all those people drop in. The impact is there; it's meant to mitigate that, but then it should also donate to the entire City to help with the impact on the entire City. I would love to explore what that percentage might be, to see if there is a consensus on the Commission and a legal way to do it. And those are my thoughts so far on the -- Commissioner Suarez: I don't disagree with anything you've said. Vice Chair Russell: -- multimodal impact fee. Commissioner Suarez: I think, you know, again, it's a thoughtful discussion. I think it impacts -- like Commissioner Gort said, if it were an increase in the impact fee, it could be problematic. I think, like you said, you know, there are other options, maybe bifurcating -- and there is a significant density differential between some parts of our City and others, which are very horizontal versus some that are very vertical, and those are the ones that right now are experiencing a lot of gridlock. So I'm in favor of all that. I mean, I'm open to all that, I guess is a better way of saying it. So I just -- We need to sit down and -- you know -- I think these things don't just happen. You know what I mean? I think one of the things I've learned doing this now for a while is, we have an idea, we study it. You know what I mean? We bring it back, we have a concept, we -- you know, we look at it and we play with it, and we got to work it; and then, hopefully, we get to a point where we all feel comfortable, or a significant amount of us feel comfortable enough to move forward with it. Thanks. Vice Chair Russell: Is that -- and then the project list. How are we doing on that? Mr. Alfonso: Yeah. Community meetings are being scheduled, as directed by the Commission, to develop the project list -- Commissioner Suarez: (UNINTELLIGIBLE) for a GOB now we're talking about again? Mr. Alfonso: No, not GOB. Commissioner Suarez: This is for the transit. Mr. Alfonso: This is for the transit. The GOBs are done. Commissioner Suarez: I don't have the GOB list. Mr. Alfonso: Nobody does. Commissioner Suarez: Oh, okay. I'm sorry. Vice Chair Russell: What we asked for, Commissioner Suarez, was for each Commissioner to get the entire list of all districts -- Commissioner Suarez: Of course. Vice Chair Russell: -- so that we're not simply advocating for our own district -- City of Miami Page 112 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Suarez: Agreed. Vice Chair Russell: -- look at the holistic thing. Commissioner Suarez: Agreed; I agree with that. Mr. Alfonso: So if I understand, basically, there is some consensus that you would like to see some focus in the high density, but share with the whole City; have the ability to charge less, possibly, on the lower density side; more on the higher density side, and figure out a way to allocate that in such a way. Vice Chair Russell: And stack it. Mr. Alfonso: And stack it; is that a consensus? Stack it? Commissioner Suarez: I don't think that's a consensus, because I don't think Commissioner Gort is necessarily sold on that. I think -- give us two options. Mr. Alfonso: Okay. Commissioner Suarez: Let us see what it looks like. Vice Chair Russell: I've tried. Mr. Alfonso: All right. Chair Hardemon: You know, one thing I also want to be very clear about is that the same distance that it takes to get from a downtown place to a place that's further, say, west of downtown -- If Point rrArr to rrBrr is six miles -- if Point rrArr to rrBrr is two miles, if I started from the western side and went to the eastern side, that two miles is exactly the same. Two miles is two miles is two miles, no matter if it starts from the downtown area or if it starts in the -- a more western part of our community. I say that to you to say that when you talk about the benefits of a fee like this, just because the building -- and this is the whole proximity thing -- but just because a building is built in downtown does not mean that they don't want to visit Flagami or parks in -- at Charles Hadley, things of that nature, so finding ways that -- You know, when we talk about using some of those fees to connect people to other areas, creating new bike trails and things of that nature, I think all of --That fee, sometimes it touches the immediate space; but then, many times, it goes further away from it, because you're trying to find a way to connect people from one space to another, so if -- you know, you -- don't just take all the money and put it all in the downtown area. So now, we're just doing like a -- like -- as we have a downtown loop, you know; you know exactly what we're talking about -- but find a way to connect all the neighborhoods to downtown. I think, if we can connect all the neighborhoods to downtown, then all the down -- then downtown is connected to all the neighborhoods, and all the neighborhoods are connected to each other. I think that's what's going to make -- set Miami apart from many other places; or what makes Miami much like other places, in places where there are greater transportation options, such as New York, Hong Kong -- Mr. Alfonso: Yeah. Chair Hardemon: -- these type of places. There -- The distance between the neighborhoods are very far; but there's transportation that links it all together; most of that is mass transit, but then there are other options that you can choose from. And so, we don't want the bridge from -- to Key Biscayne to be the only, you know, City of Miami Page 113 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 safe place to travel in Miami when you're riding on a bike; and certainly, it shouldn't also be the Underline. Commissioner Suarez: Absolutely. Chair Hardemon: So let's think through that Mr. Alfonso: Which -- something to consider, if we squish it so that the additional fee takes away from the others, it'll take the Underline that much longer to get their target number. Commissioner Suarez: Listen, I hear you. I think those are all things that have to be discussed. Chair Hardemon: Okay. Thank you very much. D1.3 DISCUSSION ITEM 2423 PILOT PROGRAM TO MAINTAIN THE ASSIGNMENT OF POLICE OFFICERS AND CODE COMPLIANCE INSPECTORS OF THE Commissioners ALLAPATTAH AND FLAGAMI AREA IN THE AREA AND NOT and Mayor ROTATED FOR A PERIOD OF SIX MONTHS IN ORDER TO INCREASE FAMILIARITY WITH THE ISSUES OF THE AREA, WORKING TOGETHER IN UNISON WITH THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) TO FIGHT CRIME, CODE VIOLATIONS AND IMPROVE THE QUALITY OF LIFE FOR THE RESIDENTS OF THE AREA. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... RESULT: DISCUSSED Chair Hardemon: D12. Vice Chair Russell: Commissioner Suarez. Chair Hardemon: DI 3. Is that you, Commissioner Gort? Vice Chair Russell: I believe it is. Victoria Mendez (City Attorney): This is Commissioner Gort's item. Commissioner Gort: Thank you. I want to address -- The NET (Neighborhood Enhancement Team) concept is still -- is one of the greatest resources the City of Miami has. And the NET is Neighborhood Enhancement Team. And the idea is -- I got elected in 1993 for the first time, because I was a -- The concept of the NET was something that was introduced to the City of Miami at that time. I left in 2001. When I came back in 2010, the whole concept was changed completely. And the way it works -- the NET works -- is the municipality; the municipality at the neighborhood where people can get services without coming to the downtown area. Now, the NET offices, the way it used to work in the past, and what I'd like to see is the -- request of the Manager to look at the -- set up a pilot program for six months where we do it the way we used to do it. What it is, you have the staff, the NRO (Neighborhood Resource Officer), the NET Administrator, and Code Compliance people in the same building. They don't have to be housed in the building. My understanding is, the work of this organization is to go out, check the neighborhood, City of Miami Page 114 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 see problem spots, and conte up with a solution. I mean, one of the biggest problem we have is we get Code Enforcement and we call Code Enforcement, and we tell them a violation is taking place. Enforcement is the process they have to go through, and then it takes maybe two to three months to be settled and to be taken care of. Now our residents, they keep asking us, "Commissioner, what's wrong? I mean, we gave you this complaint. Nothing's taking place. " And somehow, by the team working together, they can accomplish a lot more. The NRO, the Code Enforcement and the NET Administrator should be aware and they should know all the problems that are taking place in their neighborhood. You have a commander in each one of those neighborhood that has control of public service. The NRO should be there. They're familiar with the neighborhood. They know where the problems are, they know how to take care of it, and they can handle it. I mean that -- we can -- When you cannot use the police to enforce, you have Code Enforcement and you have other system. My understanding is, sometimes, they go into troubles in complying -- trying to get people to comply with it. I think this is something that the Law Department has to work with us, also, so we can expedite and take care of these complaints. And to me, it's -- I would like to have that. And the reason I want to maintain the same people is when you have Code Enforcement and they're changing constantly, one might write a report, what's happening, then he moves on to another neighborhood. Then the new Code Enforcement comes in, and he doesn't have the historic knowledge to enforce what was began by someone. And the same -- the NROs are there completely. And let me tell you, I'm very happy with the people I have in Allapattah. They've done a great job. We have two NRO's there that, Chief, I have to tell you, they can handle homeless; they can handle just about everything that comes out in there. And I'd like to see that again; that force working together as a team, Code Enforcement in the same place, the NRO and the Administrator. And they don't have to be in the office. I want them in the street. I want them to see what the problem is. They can give the best information to the police where the trouble is. Code Enforcement can enforce it, too. And then, if they need the support from the Law Department, we need to make some changes, then we have to, to expedite -- The problem is the process takes too long, and people are very -- they're not patient anymore. They want to see things taken care right away. I mean, we had the discussion. We had today someone complaining about what's happening in that neighborhood. Code Enforcement goes in, and let me tell you --just a little example.- There's xample:There's a small cafeteria that runs as a nightclub. So Code Enforcement goes in there, give them a violation, they go away. And there's a cost of doing business, that violation; they continue to do it. This is when you need the NET office to come in, the Administrator, the NRO, to make sure they follow up, to make sure that they're complying with the ordinance. And that's what I'd like to ask of you all for six months, if possible, District 1, my two NET office, I would like to implement that. I'm suggesting. I'm not telling you. I'm suggesting for you to look at it. Daniel J Alfonso (City Manager): Noted, Commissioner. DIA DISCUSSION ITEM 2478 NAME OF THE GENERAL OBLIGATION BOND AND POTENTIAL City Manager's PROJECTS TO BE INCLUDED THEREIN. Office RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item DL 4, please see "Public Comment Period for Regular Item(s). " Chair Hardemon: DI 4. City of Miami Page 115 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Fernando Casamayor: Good afternoon, Commissioners. Fernando Casamayor, Assistant City Manager. DI4 is a discussion regarding the proposed general obligation bond. For lack of another name, we are going to be calling this the Miami Forever GO (general obligation) bond. Unless you guys have a different opinion, we'll use that as a working title for the moment. We plan on coming back to this Commission on the second meeting in July in order to get the approval, hopefully -- at least put it in front of you -- to approve for this bond to go in front of the voters in November. At the moment, we're working with three general categories; one being public safety; the other one being resilience and drainage; and the last one being parks, culture and infrastructure. Inside of those different categories, there'll be some other things, like Police and Fire equipment, citywide pools. The largest piece of this is sea level rise mitigation and flood prevention at the moment,• at least this is what we have targeted. We have over a billion and a half dollars' worth of requests and identified capital needs. Vice Chair Russell: For $270 million in (UNINTELLIGIBLE). Mr. Casamayor: Yes. You know, we're a little short. Commissioner Gort: I'm getting a lot of calls. Mr. Casamayor: Right, exactly. So, as you can tell, there is a large list of needs and wants, and we have a very small amount of bondable funds. We are paring that list down now in order to be ready for that second meeting in July. So what I would love to ask you to do is if you -- and mind you, we've had several public meetings -- lots of public meetings, actually. We've had very good input from members of our public. It was actually very good participation at every one of the meetings that we had. However, it's a small minority of the community that comes out; certainly, the large number of our residents did not come out. So I'm asking you, as a representative of those districts -- You guys know your residents and your, you know -- individuals in your communities better than anybody else. If there's any particular projects that you would like us to focus on and look at in order to include into this -- time is running out -- please let us know right away so that we can include that on the list of items that we're looking at to pare down and to fund. With that said, I'd like to have Jane Gilbert, our chief resilience officer, come up and give you a couple of words regarding some of the f ood prevention and sea level rise mitigation. Vice Chair Russell: Just a minute. Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: You don't sound excited about the name. You're not crazy about the name? Mr. Casamayor: I'm typically not an excited, crazy kind of guy. Vice Chair Russell: Okay. I'll take that as having -- excited. Would it be possible once all the lists in are -- from the different Commissioners to circulate them amongst the Commissioners so we're not simply voting or advocating for just projects in our district, but looking at the whole? I'd like to see what other -- what's available to be done in other districts so that I can see, you know -- before we get up here and start simply advocating for our piece, for example, I'd like to advocate for the whole. Mr. Casamayor: Absolutely. And the plan would be to give all of you the same list, which includes all of the projects that we have; some of them will be in different City of Miami Page 116 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 districts. And, yes, certainly, the idea is to take a look at those, and understand that some of these projects are of citywide significance; particularly the sea level rise and some of the flood mitigation, and including roadway improvements. Just because a roadway improvement is taking place in one particular district does not mean that member -- other people that live in other places are (UNINTELLIGIBLE). So I would argue that, yes, there is some citywide significance to even some of your district projects. But we will give you a list so you can see beforehand; and again, the sooner, the better; the faster we can give you the list. So, Ms. Gilbert. Jane Gilbert: Thank you. Jane Gilbert, chief resilience officer for City of Miami. So thank you for asking for the citywide approach, because I want to encourage this Commission to really think big when you think about this bond and our future. It's really both a really critical time and an opportune time to present this as a strategic and forward -thinking investment opportunity to our voters. As you know, the cost of an action is very high. We have a lot at stake here, with the most exposed assets of any city in the world related to sea level rise and increased flooding risk. When we look at just our current property appraised value within storm surge zones, it's over $74 billion within the City of Miami, and that doesn't take into account the economic impacts if those properties were impacted. The National Flood Insurance Program is up for renewal in the fall. There's a lot of talk about how that might impact negatively our insurance costs. We're working in concert with the County and Miami Beach, and the whole Southeast Florida Climate Change Compact on a strategy and policy recommendations, but we also need to demonstrate how we're going to mitigate our flood risk so that we can keep those insurance rates intact. So -- and our needs are significant. According to NOAA (National Oceanic and Atmospheric Administration), we had 17 to 20 king tide days in the City, which included areas along the Miami River, Jose Marti Park, all along the shorelines of our coast That, with projections from the Army Corps of Engineers, will increase from that 17 to 20 days to 49 days in 2030, and over 200 days in 2045 if we don't take care of tidal flooding through plans, through infrastructure improvements. We know we can do it, but it will take a concerted effort. And even without the increased tidal flooding, we've seen with the impacts of -- and more intense rainfalls are in -- all throughout the City right now. We have very old infrastructure. Our storm water infrastructure, 70 percent of it is over 50 years old. We have pipes that are over 100 years old in downtown. It's a completely different city than 50, 100 years ago right now. We need -- even if we didn't have sea level rise, we need to be making these improvements. They're not the most visible or sexy improvements out there; granted, it's underground, it's not pretty. But through that process and through looking at the co -benefits we can bring in terms of new green spaces, improved roadways, improved bikeways, we can really build, neighborhood by neighborhood, a improved city. It's kind of like replacing a roof or putting in insulation in your homes. They're not necessarily visible, but it's critical to the foundation of our city. So the opportunities are also really high right now. Every city has its risks. We have our particular risks. It's the cities that plan and address the risks that are going to be successful in the future. So we have the strongest bond rating we've had in at least 30 years. We have this precious, culturally beautiful, rich city that are [sic] still attracting a lot of investments. And we have a lot of public and private partners ready and willing to work with us. We just got -- you just got approved from the State additional funding for the Storm Water Master Plan, and that will absolutely drive our approach to our investments here in the City. It will be strategic. It's going to be working in conjunction with the County, South Florida Water Management District, FDOT (Florida Department of Transportation), Army Corps, as well as private partners to address how we're going to address the increased flooding. It's going to be -- some will be infrastructure improvements, some will be around planning and zoning, and working with our Miami 21. So in each of these, we're going to be also doing a full cost benefit analysis on how much it -- how each improvement will impact the number of people, what the risk mitigation and City of Miami Page 117 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 insurance benefits are. So it's -- the Storni Water Master Plan will provide recommendations for a cost-effective and phased approach to improving neighborhood level drainage, primary system infrastructure, and shorelines. This analysis will be coordinated to idents the co -benefits that I mentioned earlier; pedestrian bikeways, other public facilities, improving the quality -- environmental quality of our rivers and bay. So think of it as an integrated approach to lifting our city up, one neighborhood at a time; not necessarily physically; could be socially and economically, as well. And so, we want you to think about this bond in terms of clear buckets and a strategic approach. We estimate that just to operate our drainage systems, replace our seawalls and do this infrastructure is estimated at over $900 million. This is based on our current Storm Water Master Plan and in working with our Public Works and Capital Improvements on identifying areas where we're having that tidal flooding, where we project to see tidal flooding, and enhancing our seawalls. That will include those other enhancements that I mentioned earlier. But by the City having secured some cleared funding towards these drainage and roadway improvements, we can leverage other private funders. Just this week, our Resilient Infrastructure Committee met with the drainage engineer for FDOT, and we identified six areas where we could collaborate and they could help fund for some projects with us. We are meeting with a non-profit called the Van Alen Institute on identifying a project where they could dedicate some -- bring in international expertise on design of an infrastructure project related to sea level rise, but they need committed construction dollars upfront. Similarly, we just got a suitability analysis for enhancing our seawalls from the Nature Conservancy, who's one of the 100RC (Resilient Cities) Platform Partners. They're willing to work with our staff and consultants once we have more real dollars to provide expertise. We can leverage these dollars; I'm confident of that. So in addition to sea level rise and climate change, the -- as you know, the City faces other key resilience challenges related to transportation and mobility, affordable housing, access to living wage jobs, public safety and health. So when you're thinking about going into this GO bond, I encourage you to consider presenting a budget with broad buckets, as was suggested before -- parks, public safety, flood mitigation and roadway improvements -- and really articulate a vision and a process that will support the City's commitment to developing and implementing a smart, cost-effective, forward - thinking, and strategic plan that will both protect and enhance life and property, maintain a thriving economy, and strengthen our neighborhoods; strategic, thoughtful, not piece by piece. So that's my encouragement to all of you. Thank you. Chair Hardemon: Any questions? Commissioner Gort. Commissioner Gort: Now, let me ask a question. The storm water system within the City ofMiami, does the County and the State have anything to do with it, also? Ms. Gilbert: So directly, no, but -- and I should let Zerry talk. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Assistant City Manager. The systems in the City are interconnected. Some of the (UNINTELLIGIBLE) falls that discharge into Biscayne Bay -- Commissioner Gort: Right. Mr. Ihekwaba: -- are actually belonging to FDOT, the State; that the City's local streets' drainage systems are connected to them. Commissioner Gort: Right, I understand. But how about the County streets? Mr. Ihekwaba: Yes, we have interconnection, as well, with the County. City of Miami Page 118 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Gort: That's our responsibility, also? Mr. Ihekwaba: Pardon me? Commissioner Gort: Our responsibility is to repair those pipes so--? Mr.Ihekwaba: No. Commissioner Gort: No. Mr. Ihekwaba: No. The County repairs their system. Commissioner Gort: The County has that responsibility? Mr.Ihekwaba: Yes. Commissioner Gort: In other words -- Mr. Ihekwaba: On County roads. Commissioner Gort: On County roads and State roads, so it's this joint venture that have to be done, also. Okay, thank you. Mr.Ihekwaba: Okay. Thanks. Commissioner Gort: Now, what I think is important to understand, this bond issue is going to be paid by all the residents of the City of Miami so that all the residents need to understand the benefit that they're going to receive by this bond issue; if not, they're not going to vote for it. So it's very important to -- like it was stated before, make sure it's citywide, that it helps the whole City, because they're not the ones that are going to be paying the taxes; we are. D1.5 DISCUSSION ITEM 2490 DISCUSSION REGARDING RESIGN TO RUN. Commissioners and Mayor RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item DL 5, please see Item NA. 1. Chair Hardemon: What I'd like to do -- I'll kind of go out of order right now. What I'd like to do is call a discussion item, DIS. Let's hear that first. Commissioner Suarez: Mr. Chair, thank you. I put DI5 at the suggestion of the Clerk and the City Attorney. Essentially -- and I'll let them explain it -- but it allows for sort of the orderly transition of District 4. I think there was another item that was going on this agenda, which set the actual election days for District 3 and District 5, and so I think the Clerk found, you know, it prudent to do everything at the same time. I'm more than happy to do it, you know, with the understanding that, you know, if this Commission renominates me to finish the term and, you know, continue to November, it will make my wife very, very happy that I can still rely on the income that I get from this job. And I think it will hopefully make my constituents City of Miami Page 119 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 happy that I can continue to serve them in important matters of the City; and it prevents a situation where the City would have to pay a significant amount of money for a special election, and also potentially be forced with having to appoint someone, or there being a non -runoff special election. So I'm willing to tender my resignation today, on the condition that everyone here sort of agrees -- What's up, Mr. --? Commissioner Gort: Let me -- I'm not an attorney. You guys are the attorneys. Commissioner Suarez: Okay. Commissioner Gort: But my understanding is, in 2001, when I wanted to do the same thing, I was told by the Law Department at that time I needed to have irrevocable resignation, effective the day of the election, or the day before the election, which means there was an opening at that time. Commissioner Suarez: Right. Commissioner Gort: And I -- they tell me that the Charter has changed and -- Commissioner Suarez: Go ahead, Mr. Mayor. Yeah. Mayor Tomks Regalado: Just want to clarify, because I did that, and I think it was for the first time, and there were two scenarios. And if he would resign before qualifying day, effective the day of the election, the City Commission won't be able to set an election the same day of the General Election for District 4. That's why, in 2009, I resigned the Commission seat in June -- actually, it was about June 24 -- and then the seat was vacated, and then the Commission appointed me until November 3, and it was complicated. I know that in your case -- Commissioner Gort: Mine was different. Mayor Regalado: Yeah. And his case was totally different and unfair, because Commissioner Gort had to run three times in a period of a year and a half. But I think that the City Attorney will tell you that -- and the City Clerk -- that that is the right scenario, so you can all set an election within the General Election of November 7 for District 4. Commissioner Suarez: So -- Mayor Regalado: Because if you see at the legal documents, there is no election now for District 4, and that's a problem. Commissioner Suarez: So I've, you know, taken the liberty of attaching a resolution for your benefit on the discussion item. So if the Commissioners are so disposed, I would be more than happy to sign my resignation and move forward. Is that something that you guys are willing to --? Vice Chair Russell: I have a list of asks. I'm kidding. Commissioner Suarez: Don't ask the City Manager. He wanted to put -- he wanted to send the Mayor to -- who has to sign. So are we good? Commissioner Gort: I'll have a lot of questions. Commissioner Suarez: Okay, guys. All right, I'm signing my resignation. Here you go. City of Miami Page 120 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: Tender it -- Commissioner Suarez: Enjoy. Chair Hardenzon: -- to the Clerk. I want the record to reflect that Commissioner Suarez is walking slowly to the Clerk. He has now passed his resignation to the Clerk. The Clerk is acknowledging his signature. He's going to do some things to show that he has officially resigned. Once he registers with the Clerk, we are without a fifth Commissioner; it's time to party. He is no longer Commissioner Suarez. Commissioner Gort: Let's start making motions. Chair Hardemon: Right. So how 'bout that money in his CDBG (Community Development Block Grant)? Let's get that. No. So -- Commissioner Carollo: So that's why you wanted to do this first. Chair Hardemon: Right, let's get rid of him. Victoria Mendez (City Attorney): Chairman, I think, as a matter of order, if we can pass this resolution that has to do with the reappointment, then we would amend the other two items that we have on the agenda, FR.4 and RE. 4, in order to add in the District 4 race at this time. So it would be like that order. Chair Hardemon: I know what I'm doing. Ms. Mendez: Just in case. Chair Hardemon: I appreciate it Thank you. D1.6 DISCUSSION ITEM 2489 SEA LEVEL RISE UPDATE AND MASTER PLAN APPROPRIATION. Commissioners and Mayor RESULT: DISCUSSED Chair Hardemon: DI 6. Vice Chair Russell: I think that was it. Commissioner Gort: That's it? Chair Hardemon: DI 6 -- so we -- the sea level rise update, we kind of rolled it into it; that's how we're going to do it? Victoria Mendez (City Attorney): DI 6. This is Commissioner Suarez' item, sea level rise update and master plan appropriation. Chair Hardemon: Oh, Suarez. Oh, he just walked in. Commissioner Suarez: You know, it's sort of incorporated into the GOB (General Obligation Bond) discussion, because it was a huge line item. Obviously, we've City of Miami Page 121 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 conte to look at this issue in a broader context, and I want to sort of reiterate the Vice Chair's wisdom when we were chosen as one of the hundred resilient cities, and he said, "I don't want to just be one of the hundred resilient cities. I want to be the most resilient city. " And I think that inspired me, because I sort of was patting myself on the back, thinking, "Oh, we" -- "you know, we did a good job. We're on the list, " you know, "this is great. " And we cooperated to get on the list, but I think he's absolutely right. You know, we have an obligation not just to deal with issues like sea level rise, but also resiliency. We obviously thank the Administration, our legislators for the Storm Water Master Plan, which I think is a key component of understanding the scope. I just want to make sure that -- again, I'll reiterate -- and I think it was already kind of said here in the GOB bond discussion -- that I want as much definition as possible before feeling comfortable with voting on any GOB. And so, I don't -- I haven't gotten the project list yet. I know there was a -- you know -- Mr. Casamayor and I spoke at the -- yesterday -- that there's a list that is far greater than what we have the ability to do, so I'd like to work with him, obviously. There's some time to figure out what are the priorities, certainly. I think another thing that's a little bit -- it's going to be a little bit of a tension, but is how do some of these resiliency issues affect different parts of the City? And I think that's something that, you know, we have to try to navigate as best we can, in an equitable fashion. That's it. I'm done for that. Thank you. Chair Hardemon: Thank you very much, Commissioner. AkiUZ9703761'1011111*9[07kiIkI;Iiv, 6'1 City of Miami Page 122 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PART B: PZ - PLANNING AND ZONING ITEMS) The following item(s) shall not be considered before 2:00 PM PZ ORDER OF THE DAY Chair Hardemon: Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. Chair Hardemon: Can we reconsider our appointment for our District 4 Commissioner? Commissioner Suarez: I was at the TPO ('Transportation Planning Organization) meeting you guys appointed me to, man. You guys want to solve traffic? I got a Vice Chair -- actually, I had to chair the meeting in a very contentious item, by the way. But you know what? I will apologize. I should have told you guys in the morning. I apologize. So that's my had Chair Hardemon: No problem. Commissioner Suarez: Should have given you a heads up. Ms. Mendez: PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before a 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 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair 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 the proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what the item will be spoken about. A copy of the agenda items will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in the Miami 21 Code and the City Code, providing the appellant shall present first for appeals. The appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thankyou. City of Miami Page 123 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 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. Chair Hardemon: When was the last time some of you married guys said, "I do" Right? There were some continuances that were on the agenda that we were discussing. Are there a list of continuances that we want to address at this point? Francisco Garcia: Thank you, Mr. Chairman; yes, a number of them. Francisco Garcia, Planning & Zoning director. I'll read the list that I have. I've verified, and I think it's correct, but please advise if I've missed any. I received only recently -- very recently, in the last hour or so -- a request to continue item PZ. 1, and that request is to continue it to July 27, the next like meeting. Item PZ.2: We, the City are the applicants, and we would like to request a continuance to September 28. Items PZ.7 and 8, which are companion items, are requested to be continued indefinitely for six months. Items PZ.9 and 10 are requested to be continued to July 27. Item PZ. 12, I have a request for continuance, and although I believe it's to July 27, I know the appellants are here, and I'd love to hear from them directly. I'm not certain whether it's July 27 that is the agreed upon date. And— Vice nd-- Vice Chair Russell: Did you say 11, as well? Mr. Garcia: Not 11. PZ. 12 is -- Commissioner Gort: No. 12. Mr. Garcia: I'm sorry. PZ. 11 is -- exactly -- is the alcoholic beverages regulation component, the Planning & Zoning component, so that, too, would be continued, I also believe, until July 27, to come back concurrently with the regular agenda item. Thank you for that. I covered 12, and again, I would invite -- my apologies. One moment -- July 27. I'm receiving confirmation that PZ. 12 is for July 27; and PZs.17 and 18, also, I believe, for July 27. And lastly, PZ. 21, and I don't have a date for that. I'm happy to hear from the appellants if there is a wish for a specific date. That's all I have. Vice Chair Russell: Second meeting in July should be fine. Chair Hardemon: And -- Mr. Garcia: So you don't have --from me, anyway -- at present a date for the continuance of PZ. 21. That's the only one that I have -- I'm pending information on. Vice Chair Russell: I had requested it, and so, second meeting in July would be fine for me. Mr. Garcia: Oh, fantastic; so July 27. I'm happy to read the list again if you'd like, Mr. Chair. Chair Hardemon: And include in it, also, the deferral for PZ.9 and 10; that was from the morning agenda. I'm not sure who made -- I don't know if it was the Vice Chairman or it was -- City of Miami Page 124 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Gort: Vice Chairman, 9 and 10. Mr. Garcia: Yes, I have; I included those, as well. Chair Hardemon: Okay. You -- yes, you can -- you may read the -- from the beginning to the end. Mr. Garcia: Happy to do so, sir. Vice Chair Russell: I have one other to add, please. Chair Hardemon: What's that? Vice Chair Russell: Just heard recently -- and some neighbors may be here for it -- PZ.4, with regard to Virginia Street. There was a request for a deferral from the applicant, I believe. Mr. Garcia: To what date, please? Vice Chair Russell: That, I did not get, but I'm going to assume second meeting in July. Mr. Garcia: July 27. Fantastic. So Wayne Pathman: Could we -- if I could just add, we actually want to have it indefinitely. We're going to see if we can work something out with the neighbors; that's why we're requesting the deferral. Wayne Pathman, on behalf of the applicant. I don't think they have any objection; that's what we were hoping to accomplish before today. We didn't have a chance to meet, and we're hoping that we have that chance sometime over the summer. Vice Chair Russell: Indefinitely, then; six months. Mr. Pathman: Thank you. Mr. Garcia: Thank you. I'll read it, then. Chair Hardemon: Yes. Mr. Garcia: I have item PZ. 1, July 27; item PZ. 2, September 28; items PZ.7 and 8, companions, indefinitely, six months; items PZ.9 and 10, companion, to July 27; item PZ. 12 to July 27. I'm sorry, I may have skipped PZ. 11 to July 27; PZ. 12 to July 27,• PZs.17 and 18, also July 27; PZ. 21, July 27; and PZ. 4, indefinitely, six months. Chair Hardemon: Is there a motion in accordance? Commissioner Gort: Move it. Vice Chair Russell: I'll move it -- I'll second it. Chair Hardemon: It's been seconded by the Vice Chairman. Any further discussion on it? Vice Chair Russell: Anyone from the public? Chair Hardemon: Hearing none, all in favor say "aye " City of Miami Page 125 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 The Commission (Collectively): Aye. Chair Hardemon: Motion approved. Commissioner Gort: Good presentation. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS) Chair Hardenzon: So at this time, I'll open up public hearing for the -- Commissioner Suarez: For remaining items. Chair Hardemon: -- remaining items on the PZ (Planning & Zoning) agenda. So if you're here to speak on any of the remaining items from the PZ agenda, now is your opportunity to speak. If you're a member of the public, please approach one of the lecterns. State your name; you may state your address, and which item it is that you're speaking in favor or against; and then, you'll have two minutes to address this body. You're recognized, ma'am. Deborah Stander: Debby Stander, 830 Northeast 74th Street. I'm here to speak on two items; the first is PZ. 1 S, which is an ordinance. It's an application to change zoning at approximately 710, 720, 730, 7100 Biscayne Boulevard from TS -O to T6- 8-0; and also change zoning at 7000 and 7120 Biscayne Boulevard from T4 -L to T4- 0. I just wanted to point out this item was heard by the Commission last month, and I think that there may have been some kind of an oversight when the vote was taken, because there had been quite a lengthy discussion on the issue. And there are two components to this application; one is the component to up -zone parking parcels from T4 -L to T4-0; and the other was to up -zoning Biscayne Boulevard MiMo (Miami Modern) Historic District parcels from TS -O to T6-8-0. Those parcels are all included in the 35 foot height restriction. So my comment on this is simply that the MiMo (Miami Modern) Biscayne Association, which I'm representing, actually opposes any of this up -zoning, but we would also very much like to ask the Commission to pay very close attention when you take the vote; to not simply vote on the entire ordinance, but consider the two components, two different components that you are voting on. The PZAB (Planning, Zoning & Appeals Board), for example, approved in part the parking parcels, but it denied the application for the parcels on Biscayne Boulevard, so we'd like to make sure that you take that into consideration. Second thing is PZ. 19, which would prohibit the City from co -applying on rezoning applications; and needless to say, that is something which I support wholeheartedly. It was a huge issue for us where the Legion SAP (Special Area Plan) is concerned, and we would be absolutely delighted to see that ordinance being passed. We do feel very strongly that there's a big conflict of interest when the City co-partners on applications for rezoning. Thank you very much. Kristin Hart: Hello. Kristin Hart, 3334 Charles Avenue, Miami, Florida 33133. I am here today in opposition to PZ. S and 6. Last meeting, the Commission asked the developer to go back and sit with the community to discuss possibilities of creating more affordable housing units in their plan; and also, to have a more finalized idea of what their plans were going to be. And as far as we know, that did not happen. They didn't sit with the community to work anything out. There's been no community input in the project or the covenant as far as we know. And as of today, we learned that they did meet with your office yesterday; but, unfortunately, the community still doesn't know what they said, if there is anything new; and it's not reflected in the covenant, which, as of today, is essentially the same as it was last Commission City of Miami Page 126 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 meeting. So we would ask that the project be deferred until more clarity and community input has been taken into consideration. Thankyou. Vice Chair Russell: Am I alone up here? Lindsey Wallace: Lindsey Wallace, 3611 Charles Avenue. I'm actually going to be reading a statement from Lillie Williams, who lives at 3865 Day Avenue. So she lives in one of the units being affected, but she was unable to be here today. She's lived therefor over a decade, but since 2014, when the current owner acquired the property, her rent has gone up from 525 a month to 1, 250 a month. After refusing to extend a lease renewal option for her, which she has spent years requesting, they're now charging her $100 a month for not having a lease. He refuses to issue receipts for rent when it is paid. In the past, letters have been issued to tenants regarding relocation funds, which were written in a language that released him of any real commitment, i.e., help with relocation in the amount ranging from zero to $500. Lillie was unaware of any tenants who had been financially aided in relocation as the rent continued to rise. So in addition to that, I would say, as has already been stated, we are unaware of the developer approaching any of the community to get input, but I would question the goodwill of the owner, given Lillie's experience in terms of rent rising and lack of lease, and those types of things. So -- and also, unless a covenant is memorialized, the lands could easily be up -zoned and then sold to someone else. So without anything in writing, any verbal promises that are made don't hold any weight, and therefore, the community has no -- Vice Chair Russell: Of course. Ms. Wallace: -- standing. Thank you. Vice Chair Russell: Thank you. David Polinsky: David Polinsky, director from the Wynwood BID (Business Improvement District). My address is 1040 Biscayne Boulevard, Miami 33132. I'm here speaking on behalf of the Wynwood BID, which last week at its regularly scheduled board meeting offered up its support from the -- for the version of the AIPP (Art in Public Places) legislation, which we had seen, and which was published as of that time. And we wanted in particular to express our appreciation to City Planning staff, who's had no less than four meetings with the BID to discuss the ways that the unique history of the BID and its relationship to art could be recognized within AIPP effectively by allowing the BID to self -regulate its arts programs, which it's, in fact, doing already, through its Wynwood Design Review Committee. Unfortunately, there was a last minute supplemental text amendment offered up after our board meeting, which we cannot support. And so, with -- dealing with the governance that the arts programs would fall under in Wynwood until such time as it develops its own written regulations, and we'd like to ask Commission to either reject that amendment or to defer it so that the BID can have the chance to discuss with staff the implications of that new language. Thank you very much. Vice Chair Russell: Is it new language, though? Because I do remember us discussing this in the first round many months ago about if a -- if an exception were put into place for Wynwood with a master plan, what would happen leading up to that point. So you all have had a long time now to come up with that plan, no? Mr. Polinsky: Well, we would not have come up with a plan formally until the legislation went into effect. Vice Chair Russell: Mm-hmm. City of Miami Page 127 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Polinsky: But in practice, for anyone who's been to the Wynwood Design Review Committee meetings, their number -one topic when they look at both new construction projects and adaptive reuse is, where is the art been going? How is it applied? How does it relate to the architecture? So we don't have -- we have not undertaken a formal program yet, but we're absolutely prepared to do so, and we were looking to do so in conjunction with the passage of this legislation; not prior to the passage of the legislation. Vice Chair Russell: Well, it would be done after the passing of the legislation, but the question is, what happens if there's new development or construction during that gap? And your hope is -- What you're asking is that the legislation would not apply to those? Mr. Polinsky: Would not apply, because, in fact, we're -- the WDRC (Wynwood Design Review Committee) is already acting in a role which is very much analogous to what we expect the Art in Public Places Board will be doing in the future. So from our perspective, we're already functionally doing what the AIPP will be doing citywide. It's -- we don't have written guidelines developed just yet. We -- it's really second nature for us at this point, because everybody who's on that board, everybody who's a member of the BID Board recognizes that the success of the neighborhood has historically been tied to the -- its arts programs. Vice Chair Russell: All right. Well, thank you. We have until second reading to work out -- Mr. Polinsky: Thank you. Vice Chair Russell: -- the difference on that, but I think we've come a long way, so thank you. Mr. Polinsky: I appreciate that, and we -- again, we really appreciate staffs support in developing this language. Vice Chair Russell: Hello. Sarah Helene Sharp: Hello. My name is Sarah Helene Sharp, and I live at 636 Northeast 70th Street. I'm here to speak on four items, but I promise to just use two minutes. Vice Chair Russell: Not necessarily. Ms. Sharp: The first two items are PZ.5 and 6, regarding changes in zoning in Coconut Grove. I speak as one of the founding members of the Trolley Committee, which fought to prevent Coral Gables Trolley from operating a maintenance facility in the West Grove. We were so pleased with our success, and I never dreamt that there would be another way of undermining the fabric of this neighborhood; but, obviously, these changes in zoning threaten the history, the generations in this neighborhood, and I think it's tragic, because the neighborhood grew out of segregation and isolation, and it's a vibrant, amazing place. They've created astronauts and wonderful teachers, and it shouldn't be insidiously destroyed through changes in zoning. The next office -- item is PZ.1 S; that's closer to home for me. That's regarding up -zoning in MiMo. I wasn't able to be here at the last hearing. Commissioner Hardemon said, "I'm surprised nobody's complained about the proposed changes in heights. " I would like to complain about that. The residential areas on both sides of MiMo are zoned T3-0, and allowing a significant change in height on the corridor could really jeopardize the quality of those neighborhoods. City of Miami Page 128 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 The last item is PZ. 19. I'm so grateful to Commissioner Suarez for proposing that the City not participate in any applications that would use City parkland. I know, Commissioner Russell, this must be important to you given -- as you said earlier, I think --your origin story with the park in front of your home. So anyway, I commend you for doing that, and thankyou for listening to my contributions. Vice Chair Russell: Thank you. Mr. Ehrlich. Peter Ehrlich: Good afternoon, Vice Chair Russell. I'm here to speak on two items, PZ. 1 S and 19. And with your permission, Vice Chair Russell, I'd like to speak after the items have been presented. Vice Chair Russell: If I'm still the Chair at that time, you're welcome to. Mr. Ehrlich: You're in charge now. Commissioner Suarez: Take your chance. Vice Chair Russell: I would -- so you'd rather defer and speak then? Mr. Ehrlich: Yes, please. Vice Chair Russell: That's fine. Thank you. Mr. Ehrlich: Thank you very much. Vice Chair Russell: Hello. Hi, Barbara Mills. Barbara Mills: Hi. Barbara Mills, business owner and resident of West Grove, 3743 Grand Avenue, and I'm here to speak on PZ. S and 6, okay? Of course, I am opposing. I can tell you many reasons why, but one of my major reasons is because of the up -zoning that is being request by the developer; and also, the rental problems that's there -- all over Coconut Grove, but that -- Day Avenue is a major. What has happened -- and I speak from personal experience. I had a cousin that first lived there before the developer bought the place, the duplexes. At that time, he was paying $400 a month for rent, okay? The developer comes in, he buys the place, kicks them out; they're displaced. From that point on, he had to find a place. Now he's paying $800 a month for rent. Vice Chair Russell: Elsewhere? He was in one of the Day Avenue eight properties - Ms. Mills: Right. Vice Chair Russell: -- at 400 a month? Ms. Mills: In the beginning, before the developer came in and bought the development, okay? Vice Chair Russell: For a two%ne? Ms. Mills: Yes. Vice Chair Russell: For a two-bedroom, one bath? Ms. Mills: Right. Okay. From that point on, he moved onto Grand Avenue. However, on the east side of Day Avenue, now they're boarded up, and the people City of Miami Page 129 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 that were there are pretty much misplaced, okay? From that point on, the developer -- and I believe it's the same person -- moved him onto the west side that we're really debating and arguing about. They were paying 800 on the east side. Now they're paying 1800 on the west side. What the developer did, he originally put a sign out -- and I brought it to the HOA (Homeowners Association) meeting -- for $1250, but when he closed down the east side and moved them to the west side, he raised it up to 18. So what they did, in order to afford it, they moved in family members, and you have like people sleeping on the sofa, you know, very uncomfortable. You have 10 people in -- What he did was converted that one duplex into a single-family, five - bedroom, but you have 10 people living there. That's just ridiculous. They are barely making ends meet, and I know them on a personal level; they are my cousins, okay? So I'm speaking from what I've seen and what I know as a fact. So I am totally against -- What he's going to do and whatever he decide to do, it has to be something to accommodate the low-income people who lives on a fixed income, even to make it affordable for them to live and continue. These people have --were born, raised, and still live, and don't want to move out of Coconut Grove. So this is why I'm here; asking, opposing, and seeing whatever you say, whatever you do, whatever you all decide to vote on, take all that into consideration. He wants to upscale it, upgrade it, up -zone it. So what is the rent going to be from that point on? Already -- he's already at a $1,800 mark. What is it going to be next? So that's what I wanted to say. Keep that in mind and look out for the low-income people who cannot afford all this rent, who wants to remain in the Grove. The entire -- my entire family, most of them were -- lived, born and raised in the Grove. Vice Chair Russell: Thank you, Ms. Mills. Ms. Mills: You're welcome. Eileen Bottari: Good afternoon. My name is Eileen Bottari, 505 Northeast 76th Street. I'm here to speak on PZ. 15 and also PZ. 19. I live in Historic Palm Grove. PZ. 15 is an up -zoning. If you looked at your little map, you see that all of the T4 -Ls that they are attempting to up -zone to T4-0 is in the geographical boundaries of Historic Palm Grove. So if you vote to up -zone, what you're doing is you're allowing commercial zoning into the residential Historic Palm Grove Neighborhood, and it's going to be right next to single-family homes, because directly west of all of those properties are single-family homes, so I am totally opposed to that. We worked very hard to make our neighborhood historic for two main reasons: So we would protect our historic borders against the encroachment of commercial up -zoning, which is exactly what this is. And if this was happening next door to your house in your neighborhood, would you want the property zoned commercial? I don't think so. So we need to leave the zoning the way it is. We tried very hard to protect our neighborhood for those two reasons; for the demolition of historic homes, and for commercial encroachment into the neighborhood. And PZ. 19, I support. Thank you. Vice Chair Russell: Thank you. Renescha. Renescha Coats: Hello, everyone. My name is Renescha Coats. My address is 2545 Northwest 61st Street, Miami, Florida 33142. I'm here to speak out against PZ.5 and PZ.6. From the meeting that I went to with the developer's lawyer and the community, everyone in the community seemed to be opposed to what they're proposing to us. The main -- some of the main reasons was because he couldn't really give us a definite amount of how much the rent was going to be. He couldn't give us a -- if he was going to leave the people that are there, there. And a lot of the -- some people that used to stay over there, they don't stay there anymore, ever since the new owner has taken over, because, like you're hearing, they can't afford it. And some longtime family, friends that used to stay in the Grove in those places, they don't stay there anymore, because they couldn't afford it anymore. And I just feel City of Miami Page 130 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 like they conte to us and they tell us, "Oh, we're going to do this for you guys, we're going to do" -- "We're going to give you guys affordable housing. Yeah, yeah, it's going to go by the Miami -Dade County AMI (area median income), " or whatever. But they don't tell us that they can charge from -- anywhere from 60 percent to 120 percent. They just tell us, "Okay, it's going to be affordable. " And when I asked him, "Affordable for who?" I say, "I have four kids, and I work at Publix. Can I stay there?" He gave me a blank stare. So my question is, "Affordable for who?" And we've asked -- When they present this to you, I think those are valid questions that you need to ask. Is it affordable for the community that you're building in, or is it affordable for people that you're looking to rent to in the future? Commissioner Suarez: Amen. Vice Chair Russell: Thank you. Ms. Williams. Linda Williams: Good afternoon. I'm Linda Williams. While I sit on a lot of panels here in the Grove, I am also a longtime -- lifetime resident. On the various panels -- I live at 3523 Charles Avenue, here in Coconut Grove. I listen to my community; and oftentimes, I'm in the capacity of representing them. Right now, I'm addressing PZ.5 and 6, and I've tried to encourage my residents, but if we don't get anything -- we have nothing if we don't assess what is on the table here. So in the last couple of meetings, because this is a private -- private monies, not government monies -- the owner is not -- does not have to adhere to HUD (Housing and Urban Development) or guidelines, and he has the opportunity to switch some numbers as it relates to the 14 units that he's offering us. And I requested at our first meeting at Frankie Rolle Center, not start at workforce, but to flip those 14 units and do at least two to three ELI (extremely low income), two to four low to moderate, and then the rest in workforce. We do know that it has to be sustainable. That is workable; he gave me a nod of approval, and that's what I'd like to see; along with 30 to 60 days preference, community preference. Thank you. Vice Chair Russell: Thank you. Chair Hardemon: You're recognized, sir. George Simpson: George Simpson, 3801 Thomas. My comment is somewhat in the form of a question. I'm wondering -- I see that the -- for PZ. 6, the Planning & Zoning Department recommended approval for the up -zoning of four lots on the north side of Day Avenue. And then, it recommended denial of another four lots in -- within the same two streets, on the south side of Day Avenue. So I would like to know, what's the rationale for recommending properties on the north side of the street for up -zoning and disapproving properties along the same stretch on the south side of those same streets? I don't know if someone could -- Vice Chair Russell: I can speak to that, and -- Mr. Simpson: Okay. Vice Chair Russell: -- Director Garcia can confirm if I'm correct. Day Avenue is the line of the NDZ (Neighborhood Development Zone). Everything south of that line is the Neighborhood Development Zone; everything north of that line is not; that's one factor. And that Neighborhood Development Zone has some more protections in it that's meant to encourage affordability and protection for the neighborhood. Furthermore, on the north side, they felt that it was abutting U.S. 1, so it might be more apt to be acceptable for commercial and/or up -zoning. Mr. Garcia. City of Miami Page 131 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Simpson: On the -- but we're talking about the sante two streets. So the north side of Day Avenue and then the buildings facing them on the south side; sante streets. Are you saying Day Avenue is cut down the middle? Vice Chair Russell: Day Avenue is the line, yes. Mr. Simpson: Cut down the middle? Vice Chair Russell: Yes. Whether it should be or not, that's what the demarcation line for the Neighborhood Development Zone happens to be. I don't know if there was an intention to allow for commercial development above that line, because that's where U. S.1 is. I don't know when that happened, but Mr. Rashid was the first one to originally bring that to my attention. I'm not saying I agree with it. Mr. Simpson: No, no -- Vice Chair Russell: I'm just telling you the rationale. Mr. Simpson: -- I just want to, again, understand. So down the middle of Day Avenue -- Vice Chair Russell: Correct. Mr. Simpson: -- on one side is potentially zoned commercial. And on the other side of the same streets -- Vice Chair Russell: I understand your reaction. If you can picture the box of the NDZ, it's been published -- Mr. Simpson: I don't have to picture the box, because my family owned all of the properties that are on the south side, so I don't have to picture it. Vice Chair Russell: I understand. Mr. Simpson: Prior -- we're not the current developers, so let's make that clear. But I'm just saying, let's -- I've been out of town for a little while, but I've been way out of town if that's the way that you're saying that it's zoned. Vice Chair Russell: Long before I came along; but, yes, sir. And I'm not saying that I agree with it. I -- in our last discussion on this item, I said, "Those eight lots there, those" -- "the Day Avenue Eight, " as they're being called, is a neighborhood within itself, and they need to be looked at together, within itself, and that's where we are today. But your observation is correct. Mr. Simpson: Well, my great-grandfather in 1896 said that when they wanted to use the West Grove, they would start changing the zoning, street by street, but I didn't know he meant down the middle of the street. So I'll have to pass by the graveyard and tell him that his suggestion has come true in 2017. Thank you. Jihad Rashid: Good evening J.S. Rashid, Collaborative Development Corporation, 3628 Grand Avenue. I was here earlier; not sure I could return. I want to come back and amplify on PZ. S and 6. For some time now, we have articulated the problems, and I want to focus on solutions and some real realities that we, as a community, have to reconcile ourselves with; is that zoning and up -zoning, in and of itself, is not always the evil solution; it's that has to be well thought out. In that this property is near U.S.], it would lend itself to more density and intensity. I would tend to be open-minded toward some accommodation in the zoning with some City of Miami Page 132 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 provisos and other provisions that would stick that would ensure that we increase our affordability stock of housing, and that's working constructively with the developers. And particularly, there are some tools that will allow subsidies to ensure that those at the lower end of the affordability spectrum can get in those properties with subsidies from certain types of programs, and it also would ensure that the developers would get the type of revenues they need to get the financing for their project, and that's what's off-putting. We've suffered five decades, trying to induce developers to come in that couldn't come in. So there's appropriate development and there's inappropriate development. So long as they're willing to sit down and let's provide those subsidies so that they can make their pro forma and get the financing that they want in exchange for specificity in a number of units at the affordability scale, I'm willing to support some zonings with covenants and specific restrictions in exchange for increasing the stock of housing. It goes back to Economics 101. If you have a limited amount of units, the units that we build are going to be higher and it's going to start a domino effect. Those -- If that developer gets sick of this process and build only four units, they're going to be priced out of the sky for our residents, and those properties abutting are going to get it. So there is a pathway to put this to rest. It's abusing all parties involved. And so, we want to create a win-win. Our agency is a conduit for subsidies of various types that we can introduce to make sure and incentivize the developer to bring to bear these affordable units at the appropriate levels of the affordability spectrum. We can get our people in there. I'm not overly concerned about the density and intensity at U.S.], because I'm sure overnight, we got about 500, 000 cars going there, and that's a reality that we have to live with. So I wanted to be able to huddle with all parties involved, and let's, by the next meeting or two, put this to bed and get us at least 14 units of housing where we need it. Let's make it doable for the developer and let's move on to the next challenge that we have. Thank you. Vice Chair Russell: Mr. Chair. Chair Hardemon: Yes. Vice Chair Russell: Point of privilege, if I could just take a moment; not on this particular item, but with regard to the West Grove. I imagine the neighbors are getting pretty exhausted of coming here and defending their neighborhood, case by case, property by property, wondering what's being said in meetings they're not invited to. It must be exhausting. This neighborhood is so important for us to protect; yet, we haven't found a way to do it, and we're dealing with piece by piece by piece. I'm going to ask our City Manager and our Planning & Zoning director to start looking at a master plan for the West Grove, specifically with regard to the protection of folks at risk of displacement, of over -gentrification, and the protection of -- and historic preservation. There's many buildings in the West Grove that are not historically designated that are just disappearing, and such a big part of our community will be gone before we know it. But a master plan should go beyond that. And what I'm talking about -- Mr. Rashid has come to an acceptance that there must be some form of compromise with regard to density versus affordability. You talk to any urban land group that talks about trying to find affordability, and the typical answer is, "density. " The fear is that it'll cause the disappearance of our single- family neighborhood. So we want our cake; and we want to eat it, too; and we deserve it. We want our single-family home and we want affordability, but there is going to be some compromise. And so, what the community needs to decide together, through a master planning process is: Where is some density acceptable? Commissioner Suarez: Mr. Chair. Vice Chair Russell: Is it on Grand Avenue? Is it on U.S.1 ? And if that density is allowed, how much affordability will there be? Which brings me to two words that City of Miami Page 133 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 need to be said: inclusionary zoning. There, I said it. We need to demand, as a template, so it's not a negotiation every time a developer with good or negative intention comes in to develop the neighborhood that there is a set template; that they know what is accepted, expected of them with regard to affordability. And so, I'd like to look at potentially two models; one is an inclusionary zoning that applies to areas at risk of displacement, areas of poverty and need when it comes to up -zoning. If there is going to be an up -zoning in an area at risk of displacement, that up -zoning cannot displace the number of affordable units that exists there at that time, at the rate at which they are, because that up -zoning is a gift, it is a value, it is a transferred financial value to that developer that they did not have before. That entitlement should come with some strings attached. And so, if that inclusionary zoning causes an automatic replication of the displaced -- potentially displaced units, that might solve a lot of what we're talking about here. The more aggressive step might be a second option, which would be an overall -- not just in the case of up -zoning, but in the case of any development in an area at risk of displacement that it involve a similar percentage, whatever that may be. Director Garcia, through your research and best practices, I look forward to what we can come up with that creates -- that staves off this displacement. And then, if we have that intention, if we have that master plan of where we're willing to accept the density and we're enforcing affordability throughout and we're historically protecting the area, then I think we're on to something, and we don't have to fight so hard every day with an air of suspicion. We can move forward, hopefully, together and develop the area appropriately, because it does need development in the appropriate way. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Suarez: So I think that's a great idea. I can imagine that the Grove residents are probably exhausted about continuing to come here. This is an issue that's been plaguing the West Grove at an accelerating rate for many, many years. And I think there's an additional component that we need to understand, which is -- it's the other side of the same coin that you were talking about -- density or supply, depending how you want to look at it, is -- it does -- it is a big determinant of what the costs are. The more supply there is, the lower cost there is. But as you also said, you know, you have single-family residential neighborhoods and homes that have been single-family residential neighborhoods for -- you know --for a century. And, you know, we're looking at 18 -- you know -- I think the gentleman was saying his grandfather was born on -- or his father was born in 1896, your grandfather -- Chair Hardemon: He made a statement in 1896. Mr. Simpson: My great-grandfather. Commissioner Suarez: Your great-grandfather. Well, that was the year that the City was incorporated. So -- Mr. Simpson: Correct. Commissioner Suarez: -- what I'm getting at is, there is an -- there is -- we need to also -- In addition to planning, to master planning, there needs to be an economic analysis of what are the subsidies, because if we are going to reduce density or maintain density low to protect the single-family residential character, that's going to require more subsidy. And so, I just want to be realistic. You know what I'm saying? Like, I want us to know, get a -- real hands around the problem. And obviously, we've talked about expanding the Omni CRA (Community Redevelopment Agency) to encompass the West Grove. And so, I think that is an important City of Miami Page 134 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 component to the economic part. And I think there's a last piece, which is also economic, which is affordability. You know, affordability is a very defined term, but for some people, what some would consider affordable, or what even the world defines as affordable is not really what people in a certain area can afford. So we have to get a sense for what the area median income is within that tight, confined space, and then base our affordability based on that, you know, confined number, rather than a bigger, broader number. Chair Hardemon: Ms. Holmes. Renita Holmes: Thank you, Commissioner. It's been a long day, I know, so just briefly. You covered things very well; took a lot of things I was going to say, Commissioner Russell. But I've been to a lot of those meetings here and there, and this is not just an issue of process and system. Madam Holmes, for the record; executive director, Wave of Women in Public Housing, Education, Finance and Development. It's no -- not peculiar that a lot of those folks from the neighborhood that are speaking today are not necessarily persons of very low income, but those that are persons with disability, and the third generation of serving those children and family and working mothers with disability. This has not been, throughout the 30 years of my activism and my experience as a family homeless person; nor currently, as a service provider to those working women and children that are transitioning through this. When we stopped taking the standards within our guidelines and left out and lost our Community Service Block Grant monies, several years ago, before you're getting here, it had more of an impact on persons with disability; it had more of an impact on veterans, which they're doing very well, because of their ability -- their legal defense and their ability to make it down here in this process. Land use and zoning has not been kind to African Americans; thus, we see a history, a trend, and a pattern of lawsuits regarding these populations. And so, as a service provider, I'll stay focused here. There are those like -- I'll say Rayvon (phonetic), who asked me to mention his name, the young father who came up here; the families and some of those clients I'm still serving now, and I must say, without Community Service Block Grant funds, on a volunteer basis. But it's not hard to track people who are constantly calling as much as they call legal services for legal defense in regards to their homeless rights. He's a working dad. His children were in the schools here. He's in Homestead; his children still in schools here; he's traveling. I'm still serving him; I'm traveling. So this crisis cannot be really defined at this point as affordable. This epidemic, with its patterns and trends, which is clearly defined legally, cannot simply be discarded with -- Let's look further to returning back to what comprehensive planning was done. I ask you this: You've heard the other spiel, you understand the facts, and you know the people. How may we provide fair and equitable access to transitional housing or housing support and services for those such as this young lady that spoke, who's now on the other side of town? And she made it down here. How can we host those meetings with conversation and equitable stakeholders and three -generational representatives, who know what it's like to go through what the breakthroughs, who can tell you -- although we're not still here anymore; we're still moving around -- that those people on these addresses where PZ.5 or 6 receive Federal funds that did not talk about affordable housing. They talked about very low income. It wasn't affordable as far as then, with fixed income now, with fixed income then, and it's not going to be affordable even now, with the new formula that they got, 60 and 40 percent. So we want to talk about those slumlords who still now have flipped and sit on the properties where my goddaughter and his daughter, Rayvon had roofs fall in them, and they still haven't got adequate -- so it's not clearly simple as saying that we need to define it and get back to comprehensive. There are just some things you can't fixed with new policies. There's some old stuff we need to clean up. Right the Code and the slumlords, and fine those who are turning over these properties or those now that are applying for these new land zone use who still have the attitude, "Once we City of Miami Page 135 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 get the Federal funds, once we get the State tax incentives, we're going to raise the rent. It's going to go" -- and it never was affordable. So I'm going to leave it right there. I just say, how conte we never deal with the impact it has had on generations of black folks, poor folks, persons with disability, and they haven't got what they need yet? How -- or what we going to do in the future, or talk about in the future, going to deal with that inequity, that unfairness, and that discrimination? And how are we going to depend on legal defense organizations, sir, that are students working who fit into that working category? Are they going to mitigate for the very low income to extremely low income persons? Are they going to bring us that housing justice? I appreciate -- in closing -- the discussion that you had last night at the CRA meeting. You treated us as if we were neighbors abutted. Butl'm going to talk about one pattern and trend the next time; that is to pass and allow quasi-judicial hearings and resolutions, which poor folks have no legal defense, or the only legal defense they have is those legal organizations that are doing development themselves, okay? So let's again be fair. Let's be knowledgeable, insightful, and let's look back -- Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: -- and bring us to an even point -- Chair Hardemon: Madam Holmes. Ms. Holmes: -- before we start talking about dismissing Rayvon, me, and everybody else -- Chair Hardemon: Madam Holmes. Ms. Holmes: -- because the veterans certainly have gotten their housing. Chair Hardemon: Madam Holmes. Ms. Holmes: What is it that they did that we cannot afford to do? Chair Hardemon: Madam Holmes. Ms. Holmes: Thank you very much, Commissioner. You know I'm closing, and that's very -- Chair Hardemon: I've given you five minutes and 25 seconds. Ms. Holmes: -- I appreciate it. For all the working moms that couldn't be here at 5 o'clock or before -- Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: -- I think you were fair and non -discriminating -- Chair Hardemon: Thank you. Ms. Holmes: -- and accommodating, accessible. We want to see that in the next policy meeting, in those meetings you talking about. Chair Hardemon: Thank you, Madam. Ms. Holmes: Thank you for being fair and equitable; appreciate it. City of Miami Page 136 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: Ma'am, you're recognized. Cecilia Kurland: Good afternoon. My name is Cecilia Kurland. I'm from 3132 Day Avenue, in the Center Grove, and I just want to say that the different neighborhoods have to keep in the family and the low densities, where they belong. They need improvements in certain areas. I notice that in this area, when I go into the GIS (Geographical Information System), the line development software for the Planning & Zoning, all this is single-family low density areas, and it's completely surrounded by single-family government-owned subsidized multi family residential or elderly housing, which makes me believe, like the lady mentioned, that the most vulnerable people might live around there. And when I see these four lots, two of the lots that are towards "Useless 1 " are single-family homes, and then the other remainders are duplexes. But when I go into the future land usage, still, it stays as the duplex, single-family residential area. It is not marked in red, as commercial; it's not marked. So when they say anything that touches U.S.1 becomes commercial, I'm not sure how it's, you know, defined, because it's still in your own map for future land usage; it still maintains the same yellow color, duplex residential area. Thank you. Chair Hardemon: Is there anyone -- oh, hey. Kathy Parks: Good evening. I'm Kathy Parks, 4035 Battersea Road. I came to talk about PZ.5 and 6, and I'm glad to hear that -- the discussion; and what you guys are saying, it sounds really good. I'd like to talk about how that just in one building, we lost 14 kids, and they commuted the rest of the year to Coconut Grove for school. And we're going to lose more, and I'm worried about how we're going to move forward with all these kids that are being displaced, and how they're going to go to schools here until we can get them back here, or if we're going to get back here. And I think that that is a great -- it's a big concern. And I think the idea that you guys just presented is something we need to consider, because we're going to lose all of our kids. And what's the pool going to be for everybody that's moving into the new houses? Also, some of the people that have been relocated are living in HUD properties, and they're worse than Grand Avenue. I have pictures. They smell worse; they're full of water; they're full of mold. The rats have eaten their soap, literally carried off the bars of soap; and now, eaten the food in the pantries to the point where it's not even worth cooking. And when you get onto somebody to say, "You should save your money and cook for your family, and eating out is more expensive, " it's hard to get ahead. And it makes people feel like they're never doing anything right. Going to school, working, it's hard. It's hard to stand up on July 15 with the County Commissioner and the City Commissioner, who is -- and the City Attorney -- who's there to help. And we say there's no laws for private owners, and then we put them in government-owned property that is worse, if not -- yeah, it's worse. Where she is, is worse. And then, the kids can't even go outside, because there's so many bullets going around everywhere. It's just not -- it's just wrong, and we really have to do something. So I'm really glad to hear that there's a discussion that --change of discussion. And I don't think the new Administration and the HUD cuts have anything to do with what our current situation is with our current HUDs. So we've got to get some of these people back here pretty quick. Thanks. Chair Hardemon: Your Honor. Jason Bloch: Good evening. My name is Jason Bloch, 3501 West Glencoe Street. I know it's been a long day, and you obviously have a lot to consider, so I thank you for your time. I'm here on PZ 3. This is an item that you've heard about before, and essentially, (UNINTELLIGIBLE) to the benefit of a developer, who has broken his promise to not use our street for construction. I submitted that agreement; it's in the record; you have it now. We had a number of concerns. Commissioner Russell was kind enough to host a meeting to try to facilitate many of the concerns. I and several City of Miami Page 137 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 of my neighbors were there. There was a long agenda of topics to be discussed; unfortunately, I don't believe that we've addressed all of them, that we've gotten them completed. Some of them included getting a final completion date on the construction. There seems to be two more houses that have not even begun yet. We've been dealing with this for 11 years. This is a permit that was given to this developer 11 years ago. The residents agreed to allow him to go up one additional floor in his luxury condominium -- multi -million -dollar condominium -- so that he wouldn't use Glencoe Street. He's been using Glencoe Street. In fact, even as of today, this morning, he started construction before 8 a.m. He closed the street before 8 a.m. And as I was leaving to come here today, I snapped a picture of another notice of violation, because he's storing property that -- on the -- he's storing equipment on the property that he doesn't have a permit for. We brought up a number of things. Let's get a final completion date. Let's see if we can get white noise on the equipment instead of the beepers. There seems to be no effort that I can tell that he's stopping that. When the vehicles come, turn off your engine. Why have it idle in front of all the residents? These are topics that we haven't been -- haven't had an opportunity to address. I would respectfully suggest that if we can't get them resolved today, a commitment, at least when they're going to get done; that we would defer this item so that we could continue having these discussions. We had that meeting, and then there was nothing else. Vice Chair Russell: We've got to resolve it today. We've got to get this done. Mr. Bloch: I -- if -- I see the developer's lawyer is here; if we could get a commitment that we can make enforceable about when they're going to finish. Vice Chair Russell: I wish we could have met offline, because this is not something that the other Commissioners really need to sit through; it's just something very specific to one neighborhood in my district, between one property and one developer, and we could've worked this out offline to where we could have gotten to today, and have it sewn up, but I want to get it done today, so. Mr. Bloch: Okay. Well, we're -- I'm here, I'm available; we've been available. We came to the meeting, and nothing's happened since, so -- Vice Chair Russell: Thank you. Mr. Bloch: -- I'll stand by. Thank you. Williams Armbrister: Praise the Lord Jesus, and good evening to every wonderful person at the sound of my voice. Chair Hardemon: Did you cut your hair? Something's different. Mr. Armbrister: I didn't think anyone would notice. We want to deal with what is true in its entirety, as you well know it. I don't know where to start, but I'll start with the Day Avenue being the first residential street south of U.S. 1, and if you see where those go-cart -- electric cart people are, see, on the north side of Day Avenue, there used to be homes, but before you guys, the elected officials allowed them to assimilate those residential properties into the businesses that are on U.S. 1. When you allow up -zoning, you are rolling out a red carpet to gentrification. It's exactly what -- It started long before you all got here. It started way back when, because when the single-family homes were demolished on Ohio and New York Street, there should have been single-family homes put in its place; but instead, they were given a designation of "condominiums. " I'm trying to deal -- I'm trying to go in order here. When it comes to any discussions on what's going to happen with our community, there should be only the stakeholders in the community that you're having a City of Miami Page 138 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 discussion with; that means you live in West Grove, you own a home, or you rent in West Grove, as a resident. And Mr. Rashid, I will say, is not a stakeholder in West Grove. He doesn't live in West Grove. And because you have a business in West Grove does not automatically appoint you as a spokesperson for the stakeholders in West Grove. So when you're going to have a discussion, you need to have the stakeholders. And Commissioner Russell, you have an -- a list of names there that -- who people should be -- of those that should be to the table when there's any discussion on the future of this community. We're asking, on behalf of the community and -- as well as the people in the community, because in the last 40 years, we've lost nearly 40,000 children in that community, since they started knocking down the apartment buildings on Douglas Road and Grand Avenue, and Thomas. So what I'm just asking you to do is to look closely at Miami 21, look closely at the NCD (Neighborhood Conservation District) -2, and when you interpret those two, interpret them in favor of preserving the community, as it is. I just -- I cut my vacation short. I was in Key West, having a grand old time. And one thing I noticed about Key West -- my wife and I first visited Key West as a couple over 40 years ago. Chair Hardemon: It's not the same Key West. Mr. Armbrister: No, no. The residential communities have not changed at all; they have not. And you can get a business on Duval Street. They will give you a business for $1, but it's going to cost you $49, 000 a month to operate that business, and that's the way they're using that revenue to preserve the residential communities. The only thing that has changed in the residential community is that there's been some boards replaced on those homes. Those homes are still there. They're rebuilding up from the inside out. Chair Hardemon: Oh, you're saying the look of the home. Mr. Armbrister: The look of the home, yeah; from the inside out, you know. But -- and the tin -roofers -- because they had the tin roofs on all the homes, because in the '30s, they had afire, and the only fire truck they had -- we found this information out -- was in Upstate New York, being repaired, so they didn't have afire truck. So the sparks went from roof to roof and burned half the house -- half the town down. But even with the development they have coming in Key West, they are still preserving the residential communities, and everybody's getting a piece of the pie. So all you have to do is enforce -- the enforcement of the NCD -2 and the Miami 21, if you enforce it in favor of preserving the community, the community will be preserved. You look at the transition that is being requested from the west side of Brooker to the east side of Brooker, and their proposals make it unbearable to even consider when you think of what it's going to look like. So we want to preserve the residential communities. And it's because of the gentrification that the red carpet was rolled out for that all those homes that have been built north of Day Avenue, single-family homes left, and now we -- instead of a single-family home, we got two 5 to $800, 000 homes on a single-family lot. And if they had -- if you keep the single-family home in mind, then some of the people could very well afford to come back and remain in the community. So just enforce what is therein favor of preserving the community for the people that live there. Chair Hardemon: Thank you. Mr. Armbrister: We know the days of $400 a month are gone; 450, maybe, but not 400. So just enforce -- You all have the power to do that, to enforce what is on the books in favor of preserving a community. And when you want to have a discussion about how we move forward, you want to be grouped with stakeholders in a City of Miami Page 139 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 community, not developers in a community. And I thank you so very much for your time. Chair Hardemon: Thank you, sir. Mr. Armbrister: God bless you all -- Chair Hardemon: Is there any other person here for public comment? Mr. Armbrister: --and all of you. Chair Hardemon: Public comment? Melissa Tapanes-Llahues: Good afternoon. Melissa Tapanes-Llahues, with law offices at 200 Biscayne Boulevard, Miami. I'm here representing the underlying property owner to PZ.31 the Residences of Vizcaya, LLC (Limited Liability Company). I just wanted to remind this Commission that at first reading, Mr. Bloch, who spoke a few moments ago, made it very clear that he was utilizing the City application as leverage to my client. There were other members of the immediate neighborhood that spoke at that public hearing, and we have addressed and continue to address their concerns; and they are not here, and the Commissioners' office has been copied on our correspondence. My client has gone over and above what was required by the major use special permit that was approved 11 years ago. Permits, again, were not approved 11 years ago; just the major use special permit, which was the actual entitlement. Since then, the condominium tower has been completed. The agreement that Mr. Bloch mentioned, he's not a party of it. My client has control over that agreement, and Mr. Bloch is in litigation with my client. So I would respectfully ask for this Commission to allow the courts to resolve the civil dispute between Mr. Bloch and my client. Their ongoing litigation, it's active; and again, it's been very clear on the record that Mr. Bloch is simply utilizing this City public hearing application as leverage in that litigation. I have evidence that this -- that what Mr. Bloch has requested is simply a settlement of $250, 000 to make this all go away. And my client is tired of continuing this process, and if there's any reason for this ongoing delay in construction, it has been as a result of Mr. Bloch's actions. With that said, we're moving forward with construction as expeditiously as possible. The two houses that Mr. Bloch mentioned that were not -- that are not under construction today have nothing to do with this rezoning, and this travesty of this process just has to end today. We'll go out and we'll speak to him; but again, this is being handled by the courts. It's simply a civil dispute, and I would respectfully ask this Commission to allow the City application to move forward, consistent with the existing entitlements on the property; it's simply a technical aspect. I'm prepared to make a presentation or accompany the director of Planning & Zoning in his presentation, as you see fit Thank you. Chair Hardemon: Thank you very much. Mr. Bloch: Respectfully, give -- I would beg your indulgence, given the things that were said about me, personally. I am in litigation with the developer; that's no secret. The litigation was to try to enjoin him. The reason why it hasn't been resolved is because the developer's lawyer, although we had a hearing scheduled, filed an emergency motion, asking for the hearing to be postponed. That was a motion where we were asking the court to stop the construction. If -- It was a request for injunctive relief. Now, Ms. Tapanes has suggested that I'm trying to extort her client for $250,000. I've explained to her she's talking about another lawyer that represented another party, and if she's going to continue to make these baseless assertions, she's going to face repercussions. I would like you to ask Ms. Tapanes what basis she has for making that claim. She waved some papers in front City of Miami Page 140 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 of you. I'd like to know what she's talking about, because I'm telling you it is not true. Chair Mardemon: I'm not going to allow you to respond. Ms. Tapanes-Llahues: Thank you. Chair Mardemon: I wanted to give you an opportunity to say what you said, because it's fair; it's the fair thing to do. But I'm assuming that this will be an issue that you all will solve outside of our presence, so I'm going to give you that opportunity to do that. Ms. Tapanes-Llahues: Thank you. Chair Mardemon: Okay. Thank you. Is there any other person that wants to speak on public comment? Seeing none, I'll close the public hearing at this time. 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: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.1 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.1, please see "PZ Order of the Day. " City of Miami Page 141 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PZ.2 ORDINANCE Second Reading 1220 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI Planning and DEVELOPMENT OF REGIONAL IMPACT ("DDRI") ENCOMPASSING Zoning AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE 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: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.2 was deferred to the September 28, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.2, please see "PZ Order of the Day. " City of Miami Page 142 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PZ.3 ORDINANCE Second 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: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record. PZ.3 was deferred to the July 13, 2017 Regular Commission Meeting. Note for the Record. For additional minutes referencing Item PZ.3, please see "Public Comment Period for Planning and Zoning Item(s)" and PZ.5. Chair Hardenzon: PZ.3. Ethan Wasserman: Thank you. Commissioner Gort: Thank you, sir. Item PZ.3 is the proposed rezoning of properties at 3550 West Glencoe Street and 3535 Hiawatha Avenue, and the proposed rezoning is from T5 -R to T3 -R. This is a City application, and it is before you on second reading. We recommend approval, as did the Planning, Zoning & Appeals Board. Vice Chair Russell: I move to defer it to the next meeting. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Hardenzon: Properly moved and seconded. Any further discussion about that motion that's on the floor? Any objections? Seeing none. The Commission (Collectively): Aye. Chair Hardenzon: Motion passes. Mr. Garcia: That's all I have, sir. City of Miami Page 143 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PZA ORDINANCE First Reading 2229 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544 OF THE Planning and CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE Zoning FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE ABSENT: NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SET FORTH IN SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.03± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 2890 VIRGINIA STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AS DEPICTED IN "EXHIBIT A," ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing Item PZ. 4, please see "PZ Order of the Day. " PZ.5 ORDINANCE First Reading 1035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.07± ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865 AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ......... ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 144 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Note for the Record: For additional minutes referencing Item PZ.5, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ. 6. Chair Hardemon: PZ 3. Commissioner Suarez: Thank you, Mr. Chair, for that. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Moving to PZ.3, is that correct? Commissioner Suarez: Yes. Vice Chair Russell: Could we table that one for a moment? I know the parties have gone back to my office. They don't need to deal with it out here. Chair Hardenzon: We'll allow PZ.5, Day Avenue. Mr. Garcia: Thank you, sir. Items PZ.5 and PZ. 6 are companion items. They are respectively the land use change and zoning change for properties at 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue. On the land use side, the requested change is from -- and I will read -- "Duplex residential to low-density restricted commercial. " And on the zoning side, the proposed change is from T3-0 to T4-0; both with an NCD (Neighborhood Conservation District) -3 overlay, of course. Your Planning & Zoning Department's recommendation is for approval of the parcels on the north side of Day Avenue, which, as provided for before, abut other commercially -zoned lands; and denial for those to the south; those should remain T3-0, as far as we are concerned, and the Planning, Zoning & Appeals Board mirrored our recommendation. We present it to you for your consideration, and we're glad to answer any questions you may have. I would like to add that we understand the item includes a covenant, and I will yield to the applicant to that effect. Chair Hardemon: You're recognized, sir. Ethan Wasserman: Thank you. Good afternoon, Commissioners. Ethan Wasserman, with Greenberg Traurig, 333 Southeast 2nd Avenue, here on behalf of the applicant. Thank you for the opportunity to come back and discuss this application with you all. Last month, we introduced our item and discussed the merits on the record; and although substantial competent evidence was brought in support of the application, we closed the meeting with a request from this Commission that we revisit our proffered conditions, which we were happy to do. So first, I just want to jump right into the things that we discussed. First, it was suggested that we eliminate commercial on the -- commercial uses completely; so not just on the south, but also on the north. After further discussions with our client and understanding certain wants and needs within the community, we would respectfully suggest the following revision: That commercial uses be allowed on the north, which, under T4 zoning caps each tenant commercial uses at 4, 000 square feet per tenant; that we would voluntarily proffer a local hiring preference and a local business preference. So whether we operate the space or a tenant operates the space, they will have to go to the local community first for employee hires. Furthermore, if -- let's say it's a pharmacy or a grocery, if we put out an offering for a tenant in the space, we will agree to go to the community first. If there's a local owner, a local business owner that can match the terms of an offering, they will get first priority. We feel this does two things. This directly benefits the local community, and it also benefits my client, as he runs his numbers on the affordable restrictions, because now, he will be able to offset the income restrictions that he's self -imposing on the property by a commercial income stream. Now, turning to the City of Miami Page 145 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 affordable -- the affordability of the project, we have also revisited this issue with our client, and with the understanding that the community is appreciative of the affordable restrictions, once the income restrictions shifted more to the lower end of the income spectrum. So my client has agreed to redistribute from six to eight to seven and seven. There will be seven low-income housing units and seven workforce housing units. So in closing, we hope these additional restrictions on the property -- self-imposed restrictions on the property -- warrant your approval on first reading; similar to the significant up -zoning 200 feet away on the block. We completely understand that between first and second reading, we will have to refine the covenant, and with your permission today, with the understanding of the parameters, the framework of the restrictions on the property, we will work with the City Attorney's Office, finalize the covenant with the appropriate language before we come back on second reading. Vice Chair Russell: Mr. Wasserman. Mr. Wasserman: Yes. Vice Chair Russell: Could you go into the other benefits that you are willing to offer with regard to moving costs, first preference; those sorts of things? Mr. Wasserman: Sure. So we made an offer over a year ago when we started this application, and we will continue to honor it. When the rezoning takes effect and tenants are moved out, we will proffer three things. It's up to $500 in moving expenses; it's utility relocation expenses; and it was a service that we will provide, I think through the help of the City, as well, finding alternate housing that -- of comparable quality to the units that they're in today. So we will continue to honor that commitment. We understand that the unit mix is changing daily, but as of the approval of the rezoning, we will commit to those three things. Vice Chair Russell: Moving expenses, comparable quality. Is there any first right of refusal for moving back in, or anything like that? Mr. Wasserman: So we can -- Vice Chair Russell: Is that possible? Mr. Wasserman: Yeah. We can offer that. The question that comes up is: We are income -restricting the property, and we will go out and get financing for it. We are trying to preserve our rights to go and get -- whether it's an FHFC (Florida Housing Finance Corporation), through the -- financing through the affordable housing programs. If we go through the affordable housing programs, my understanding is that you can't limit it to giving certain people certain rights before any others. So if we go through the private financing method, we can do that; we can proffer to do that. But if we end up getting affordable housing financing, we're going to be opted out of that program if we do that. So we need to have the flexibility to go one way or the other. Vice Chair Russell: Understood. I think we lost a lot of the audience that was here to hear about this item; Mr. Armbrister, Mr. Rashid, Ms. Mills. I really want to get into the bigger potential plan here. I don't know if you're fully prepared to discuss that, but I really feel it's important to be completely transparent with the community to get the most potential buy -in for the concept. I do -- is -- still, Mr. Koruth (phonetic) is the primary. I -- you know, I do believe he is working in good faith. I've met with him many times. I've seen what he's asking for, and I'm seeing what he's offering. And, obviously, what he's offering does leave a lot on the table for what he could make at a market rate. The question is, for the community: Is it City of Miami Page 146 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 sufficient to stave off the displacement development and up -zoning? Obviously, complete displacement; I can guarantee that Mr. Wasserman: Right. that would be caused by the actual without the up -zoning, there will be Vice Chair Russell: And that's why I was really happy to hear from the community that there was a willingness to talk about -- get into the details about the levels if we get granular. But I'd like to broach a potential new idea, because what I see as the limitation that the developer has with regard to, you know, cost of efficiencies, what we're looking at here is potential T4 on both sides, which would basically do a little more than double the amount of units that could go there. They're offering to replace the entire amount of units that are there right now. They are -- as of today, they've moved a little bit; instead of eight and six, they're looking at seven and seven, in terms of seven units of low to moderate, which would come out to $850 a month if the estimation that you gave me the other day is correct. But the other seven units would be at workforce housing level, which could be as high as 1,100, 1,300 for a two-bedroom, one bath. Mr. Wasserman: Workforce starts at -- on the lower end, at 65 percent is about $1,000. Vice Chair Russell: Uh-huh. Mr. Wasserman: It goes up much higher than that to about 2,300. Vice Chair Russell: Right. Obviously, those seven aren't going to serve the needs of an existing community that's there right now. Will it create a lot of affordability for - - that isn't otherwise found within Coconut Grove, as a whole, whether west or north, south, whatever? Yes. But what I'd like the neighborhood to hear about is an idea that the developer has proffered to eventually up -zone the north property to a T5 level; at which point, they could offer significant amounts of affordability at all levels of the affordable spectrum. Now, this would be right on U.S.], right next to the motorcycle dealership and right next to Frankie Rolle, which is also considering up -zoning. One, you might look at this as a negative for the community; one, you might look at this as a tremendous opportunity to create many, many units of affordability. Now, in order to do this -- It cannot be done in one step; it has to be done in multiple steps and there would be -- in order for this not to do -- correct successional, we would have to either wait 12 months, Mr. Garcia? Mr. Garcia: 18. Vice Chair Russell: 18 months to do a rezoning after -- If this one were to be approved, it would be 18 months before being able to go to the T5. They're looking to do it all in one project, and I'd be willing to seek a 4/5ths from this Commission if it's of the will of this community to see this set of properties go that direction. Now, I know we were having trouble getting together on T4. To askfor T5 might be crazy; I don't know. But it might just be a solution that creates instead of just 14 units, or truly here, seven units of true affordability, you may have a few dozen, and it may create a much better possibility. I'm not saying that I'm an advocate for it. I'm saying, I've got to be the messenger that shares this with the community, to see if the appetite is there, and what we can work out. That being said, that's the next step. We have to get past this step, and I've advised Mr. Wasserman that we're -- This step has to make sense on its own; don't bank on getting T5; don't bank on the future. This potential up -zoning here has to satisfy the needs, in particular, what I was speaking about a little bit earlier. It should not displace the residents that are there. And when you mentioned the rates that they're paying, as we heard from many City of Miami Page 147 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 people today, and as I've heard over the last few days -- and my office has done a good bit of outreach on this requested proposal you're making -- obviously, 1,100 or $1,400 a month doesn't come anywhere near what they would need to stave off displacement. The people who were in those units when your client bought them were paying -- we've heard anywhere now from 400 to 525; and then, the rents went up, up, up. So that's the goal of what we're looking at with regard to getting people to stay within those units, but I m going to guess that's too deep to askfor your client to do without significant subsidy. Mr. Wasserman: To keep the rents at the 4 or $500 mark? I don't think -- I can't speak for certain. I don't think that's a financeable project. I don't know that we'd be able -- we could proffer that, and it would create a false expectation that we're going to deliver on it, and it's -- This is really an economic analysis, as well, of what can be built, what can -- what makes sense and what can be financed. Vice Chair Russell: Let's look at it this way: You've got some of them at 850, which I don't think is an unreasonable ask for a brand-new two-bedroom, one bathroom. What of the other seven that are currently at the workforce level would you be able to take to the actual ELI (extremely low income) level -- which we're looking at a 525, for example; a 600, for example -- that would skew it just enough that we get there? Mr. Wasserman: So I don't have the math in front of me. It's -- what you're asking is an exercise, and we have a finite amount of rent over 14 units. How do we -- Vice Chair Russell: Yep. Mr. Wasserman: -- divvy it up appropriately, is what you're asking? Vice Chair Russell: So I did ask you this the other day. I said, "Be very well prepared to sharpen your pencil, to shuffle those units amongst the affordability so that we can get to something that achieves the goal, " because, otherwise, what you're asking for still does displace the neighborhood. Mr. Wasserman: So if we go down --just thinking out loud -- to the lower levels, that means that we have to back off on the 14 units; we'd have to lessen that amount. Is that --? Vice Chair Russell: No, you'd have -- Mr. Wasserman: At some point, you have to bring it down. Vice Chair Russell: Let's say you'd have seven units at the affordable that you have, which is approximately 850; let's say two units at ELI and what's left? Five units at workforce. Mr. Wasserman: At which range of the workforce; at the max? I mean, we have to keep it open within that range that if an applicant applies and they're at the lower end of the workforce, we will rent to them. It doesn't necessarily mean that -- Vice Chair Russell: Fair enough; within the range. Mr. Wasserman: Right. Vice Chair Russell: Workforce within the range. City of Miami Page 148 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Wasserman: So what I'm saying is, is if we have the spectrum and we're lowering the bottom, doesn't that by default mean I have to bring down the top to keep the same --? Vice Chair Russell: No. It means you're leaving a little more on the table. It's not a net -net difference for you. Mr. Wasserman: But I agree with that. And what I'm saying is, I think we have proffered -- Vice Chair Russell: 14 units -- because you're still going to have the other 14 to 18 to however many you can fit at full market rate. Mr. Wasserman: Understood Vice Chair Russell: Right? And so, that's where you should count on the main profit margin of the project. Mr. Wasserman: I agree. Vice Chair Russell: And this other 14 units, which you've proffered, which equals to the 14 units that were there, what I'm asking for is two at ELI What did I say? Seven at affordable and five at workforce. If we do that, I think we're there. Mr. Wasserman: Can I -- Vice Chair Russell: First reading. Mr. Wasserman: Yeah. Can I table that and just run the math (UNINTELLIGIBLE) ? Vice Chair Russell: Thank you. Yes. I apologize for the delay, but I think we're getting there. Commissioner Gort: I think that's a discussion we need to -- not only here in the West Grove, but I think through the whole City of Miami, we have that problem where people used to pay 400, $500 a month, they're on fixed income. They no longer have the -- the rents are up so much that something -- some incentives have to be created; if not, the private sector is not going to do it. If you don't have the incentive, the private sector will not do it, because it's not profitable for them. So, you know, we have to come to some kind of agreement. Vice Chair Russell: Ira, should we table the item, or you feel --? Mr. Wasserman: If you don't mind, if we could bring it back; take the next item in line? Vice Chair Russell: Table another one. Sorry, guys. Mr. Wasserman: Thank you. Later... Chair Hardemon: PZ 5. Mr. Wasserman: Again, Ethan Wasserman for the record. We agree with the two ELI (extremely low income), seven affordable, five workforce. We would askfor one City of Miami Page 149 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 thing: That we understand this Commission can't obligate itself, but if we could have a commitment that if we apply for City help financially, whether it's grant money or other funds that maybe through your office, we will have some support working through that process, through the development. Vice Chair Russell: I will help you try to find some subsidy for that. Mr. Wasserman: I appreciate that. Vice Chair Russell: And then let's start the community discussions. If you're serious about T5 for the north portion, we got to see if the will is there. Mr. Wasserman: Okay. Vice Chair Russell: But I thank you for coming to the table on that. Mr. Wasserman: Sure. Vice Chair Russell: Are we clear on the amendment? Commissioner Suarez: Yeah. Vice Chair Russell: On the covenant? Victoria Mendez (City Attorney): The voluntary proffer of the units, what is the total? And -- Mr. Wasserman: It's going to be -- we're going to modify that section to two ELI units, seven affordable -- seven low- to moderate -income units, and five workforce housing units. Ms. Mendez: Vice Chairman, is that how you understood it? Vice Chair Russell: And if I recall, those -- so what would we be looking at in terms of a rental rate at those three levels? Mr. Wasserman: So at the low income, you have -- it's about 800 to 1,300 under -- and I could submit for the record the -- Vice Chair Russell: That's a big range. Mr. Wasserman: Yeah. Vice Chair Russell: We were talking 850 in my office. Mr. Wasserman: Well, that's what's --you -- Vice Chair Russell: The workforce, you can run the range. The workforce -- Mr. Wasserman: It's not a finite number under these programs. It's a range -- Vice Chair Russell: If you go through the programs, you're right. Mr. Wasserman: Correct. So I need that flexibility to go out and get affordable housing funding. It's -- this may not be privately funded through a regular mortgage or regular loan. My client may need to go out and get affordable housing tax credits through those programs, and if we do those programs, I need to follow --and I could City of Miami Page 150 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 submit it for the record -- all the ranges, based on income and based on unit, based on bedrooms. Vice Chair Russell: We need that CRA (Community Redevelopment Agency). I'm telling you, the flexibility that would be available to us, without relying on the Federal Government for these programs, would be tremendous. And at the ELI level? Mr. Wasserman: The ELI is -- My understanding of ELI is it goes down to 25 percent of AMI, and 25 percent for a two-bedroom is $425. Vice Chair Russell: All right. Mr. Wasserman: It's a significant -- a position that we'd need the flexibility. If I can't get a regular loan, I need to go through the affordable programs. Vice Chair Russell: All right. I'll move it on first reading, as amended. Commissioner Suarez: Second. Chair Hardemon: Properly moved and seconded, as amended. Any further discussion? Seeing none, all in favor of the motion, say "aye " Commissioner Suarez: Aye. Vice Chair Russell: Aye. Ms. Mendez: Chairman, I don't -- I didn't -- Todd B. Hannon (City Clerk): Chair, it's an ordinance. Chair Hardemon: You haven't read it into the record? Ms. Mendez: Yes. But did I read these into the record? No. So I apologize. An ordinance, PZ -- we're doing PZ. 5 first. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Madam City Attorney, and just to clam the voluntary covenant does include up to $500 in moving -- Ms. Mendez: We're not talking about volunteer covenants until the zoning. Vice Chair Russell: Oh, sorry. That's for the next item then. Ms. Mendez: Thank you. Chair Hardemon: Seeing no objection, motion passes. City of Miami Page 151 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PZ.6 ORDINANCE First Reading 1036 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 "SUB Zoning CLASSIFICATION FROM T3-0 -URBAN TRANSECT ZONE - OPEN", WITH A NCD -3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO T4-0 "GENERAL URBAN TRANSECT ZONE - OPEN", WITH A NCD -3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; 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: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For additional minutes referencing Item PZ.6, please see "Public Comment Period for Planning and Zoning Item(s)" and Item PZ. 5. Chair Mardenzon: PZ 6. Vice Chair Russell: I'll move it -- Victoria Mendez (City Attorney): PZ. 6. Vice Chair Russell: -- as amended, and just wanted to clarify the voluntary covenant includes the units; it includes the five -- up to $500 in moving expenses per unit; services to help find housing of comparable quality; and if possible, first right of refusal for existing residents to move back, based on possibility through Federal funding. I'll move it, as amended with that. Chair Mardenzon: Moved by the -- Commissioner Gort: Second. Chair Mardenzon: -- Vice Chair; seconded by Commissioner Gort. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And as amended, with a voluntary covenant, as discussed. Vice Chair Russell: And just to clam it's a 30 year covenant, and we're doing T4, both north and south; no commercial. Mr. Wasserman: Yeah. The commercial is with -- what we -- what l proffered on the record: The local preference for hiring, and local preference for the businesses. Vice Chair Russell: We didn't agree to that on the dais. We didn't -- and you heard me in the last meeting. I made a promise to the neighborhood there that if we get to City of Miami Page 152 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 T5, we can talk. But at T4, with what we're looking there, the commercial aspect -- I said it before. It was recommended for the north side only. I said that's -- that one area is a unit of a neighborhood, and I would not approve commercial, but I would consider the up -zoning if the depth of affordability was there. So I want to be sure that I did not misrepresent myself, so I'm glad we're catching this. Mr. Wasserman: Understood. I would just point out -- Vice Chair Russell: If we get to T5, we can talk. Mr. Wasserman: Fair enough; understood. Under the T4, it just -- again, it makes it more difficult to go get financing, but I understand the position with T5. Hopefully, we can revisit that issue. Ms. Mendez: So to be clear, this is a voluntary covenant, and you will be placing all these items into the covenant, submitting the new draft so that it is all present for second reading. Mr. Wasserman: Thank you. Vice Chair Russell: And it's T4 -R, not T4-0, correct? Francisco Garcia (Director, Planning & Zoning): It would be -- excluding commercial, it would be T4 -R; that's correct. Mr. Wasserman: So it -- that won't go in the covenant; it'll just be -- Vice Chair Russell: T4 -R. Mr. Garcia: So to be clear, the application is for T4-0; however, the Commission has the ability -- and I would like for the City Attorney to confirm -- to approve a lesser zoning without necessarily having to go for a separate hearing. Mr. Wasserman: If I could ask, then, could we leave that as a proffered condition? I just want to understand that between first and second, if we can withdraw -- Ms. Mendez: Well, that's -- right. So that's what I want to clarify, because a -- obviously, under T4-0, you have certain other -- Mr. Wasserman: Right. Ms. Mendez: -- you know, not just the commercial portion, but just certain other -- So what are we doing on --? Mr. Wasserman: My proffer -- I would respectfully request that we keep it as a proffered restriction. Let me study it to make sure that there's no other ramifications of going to "R " If staff and I come to the agreement that it's just the commercial restriction, then we could withdraw that proffered restriction and go to T4 -R. Ms. Mendez: So, Mr. Chair, what we can do here is just right --for right now, we make sure that it's a part of this covenant. And on second reading, if you want to go lower, you can. Vice Chair Russell: Okay, because I want to make sure on second -- Ms. Mendez: Because you won't be able to -- it can't be -- City of Miami Page 153 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: -- reading, we could not go up -- Ms. Mendez: Right. Vice Chair Russell: -- and have it -- it's a covenant. Ms. Mendez: You can make it a less of a zoning, but you can't make it go up, so. Vice Chair Russell: All right. But I've said it on the record that my intention is not for commercial here, so even if it is T4-0, with a restriction within the covenant, we'll most likely be lowering it to T4 -R. Ms. Mendez: Right. So for now, we'll place it in the covenant. You will work with Planning to confirm that -- Vice Chair Russell: Right. Ms. Mendez: -- all these conditions are voluntary on your part. Mr. Wasserman: Right. Ms. Mendez: And then you will come back on second reading, and we will confirm whether it will stay "O " with the restriction; or whether it will go to "R " Okay? Mr. Wasserman: Correct. Ms. Mendez: All right. Mr. Wasserman: Thank you. Ms. Mendez: Thank you. Chair Hardemon: Through no motion. Mr. Wasserman: Well, the -- Vice Chair Russell: It's done. Chair Hardemon: The motion -- Vice Chair Russell: We were seconding and voting. Ms. Mendez: As read into the record, we will read it as it was read, the title; that it's a T4-0, with all of the conditions and the proffered covenant. On second reading, we'll revisit if it needs to go to "R" instead of "O " So right now, it's just -- we need a motion to approve as -- or it just -- Vice Chair Russell: Wait. Ms. Mendez: -- was it --? Vice Chair Russell: But the bottom four were always T4 -R, even in the application, correct? Only the top were considered for T4-0. Mr. Garcia: I believe the application, Commissioner, for all of the subject land was to rezone ideally to T4-0; the application. City of Miami Page 154 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: The request was T4 -O for everything. Hello, Mr. Armbrister. Todd B. Hannon (City Clerk): Sorry, it needs to be -- comments need to be made on the record, Mr. Armbrister. Williams Armbrister: Praise the Lord Jesus. Hello again. This is negotiations being carried on within the first reading. Vice Chair Russell: Yes. Mr. Armbrister: The negotiations should be thoroughly worked out before the first reading. So we're going to move into a second reading where negotiations have happened within the first reading. It is totally out of order. I mean, is it just me and my way of thinking? But we do the negotiations and then we come to the first reading, and then we move to the second reading. Ms. Mendez: I just want to clam that no negotiations are happening here that have not happened right here in the -- you know -- in the sunshine. It's not a negotiation. It is a voluntary proffer by the -- Mr. Armbrister: Right. Ms. Mendez: -- applicant, Mr. Armbrister. I just wanted to clarify that for the record. I'm sorry. Mr. Armbrister: I'm sorry, I'm sorry. Thank you very much. Ms. Mendez: Thank you. Mr. Armbrister: Okay, because we -- this is -- maybe it's just may way of thinking and understanding, but what I'm hearing here is negotiations on behalf of the developer's representation, and working things out that should be worked out before the first reading, and then we move to the second reading, because we're going to agree to something within this first reading that has not been discussed before the first reading. Vice Chair Russell: It's been discussed, sir; and we -- Mr. Armbrister: I mean -- Vice Chair Russell: -- can still change. Mr. Armbrister: Okay. I mean with the community. See, because -- Vice Chair Russell: I respectfully disagree. I think this is the right venue to do this, and we have been talking about it with the community for almost a year now. Mr. Armbrister: But not with the stakeholders; not with the stakeholders -- Vice Chair Russell: You were at the meetings. Mr. Armbrister: -- because if the stakeholders had been involved, I wouldn't be standing here right now. I am a stakeholder. Ms. Cooper over there, Mr. Williams, those are stakeholders. I am a stakeholder. Vice Chair Russell: And you're here. City of Miami Page 155 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Armbrister: And these -- what I'm hearing here right now is something that I'm hearing for the very first time, because our recommendations were clearly this -- They want us to endorse their desire for up -zoning. So we're simply saying this: If you're going to do 20 units, do five for extremely low, five for low, five for moderate, and five for workforce, because we want a mixture of residents in these new units that are coming up. It's had enough that the transition from the west side of Brooker is truly unfavorable with what they want to do on the east side of Brooker. So you want us to endorse your proposal for what you want to bring into our community for your profit. We want to work together, but reasonably. Vice Chair Russell: Mr. Armbrister. Mr. Armbrister: Yes, sir. Vice Chair Russell: This is the appropriate -- Mr. Armbrister: Okay, okay. Vice Chair Russell: -- venue. Mr. Armbrister: Maybe -- Vice Chair Russell: And where we have a public comment -- Mr. Armbrister: Right. Vice Chair Russell: --procedure. Mr. Armbrister: Right. Vice Chair Russell: We have the applicant -- Mr. Armbrister: Okay. Vice Chair Russell: -- and we're discussing it amongst ourselves -- Mr. Armbrister: Okay. Vice Chair Russell: View -- everybody is on TV, it's on the internet. This is -- Mr. Armbrister: Right. Vice Chair Russell: -- now we have a month. Mr. Armbrister: Right. Vice Chair Russell: We have a month, and this does not create a bureaucratic momentum -- Mr. Armbrister: Right. Vice Chair Russell: -- that is unstoppable. Mr. Armbrister: Okay. Vice Chair Russell: If this does not work for the community, if this does not work for this dais, it will not happen. City of Miami Page 156 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Mr. Armbrister: Well, what's happening --? Vice Chair Russell: So -- and I know that feeling -- Mr. Armbrister: Okay, right. Vice Chair Russell: -- when you see that first reading approval -- Mr. Armbrister: Right. Vice Chair Russell: -- you think it's set in stone. It's not. Mr. Armbrister: Right, right. Vice Chair Russell: That is a great starting point from -- Mr. Armbrister: Right. Vice Chair Russell: -- now we can have more discussions -- Mr. Armbrister: Okay. Vice Chair Russell: -- with the community and the stakeholders. Mr. Armbrister: And it's open to the public. That's good, that's good. Vice Chair Russell: So this can -- Mr. Armbrister: -- So as of -- Vice Chair Russell: --change. Mr. Armbrister: -- as it stands right now, we're in opposition to your up -zoning, as it stands right now. Vice Chair Russell: I understand. Mr. Armbrister: Thank you Mr. Garcia: To address the question you had asked, Commissioner, the application, as it stands right now, was for T4-0, both on the north component and the south component. Vice Chair Russell: The -- recommended from the department was "yes," on the north; and "no, " on the south; is that correct? Mr. Garcia: That is correct Vice Chair Russell: And that's why I was saying, for sure, we're not contemplating "O" on the south; we were thinking T4 -R on the south; potentially, T4-0 on the north. Right now, we're restricting commercial; and in second reading, we may bring them both down to T4 -R. Ms. Mendez: Right. Even though that was the recommendation, that is not how the application -- City of Miami Page 157 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: Application. Ms. Mendez: -- is drafted, and what I read into the record. So if we're fixing anything to be more in line with that recommendation, I need to read it differently, so that's what I m trying to -- Mr. Wasserman: Again, I think -- Ms. Mendez: --figure out. Mr. Wasserman: -- between first and second reading, I'd like to leave the conditions in, and if between first and second -- Vice Chair Russell: We're going to split the difference. We'll do "O" on the north; "R" on the south, following the recommendation of the Planning & Zoning Department,- and then we'll go to second reading to see if they don't both go to T4 -R, but we'll leave it "O" on the top for now. Ms. Mendez: So I -- if I may, can we read it again then? Vice Chair Russell: And we're going to need to hear the vote again. Ms. Mendez: Okay. Vice Chair Russell: I'm sorry. Ms. Mendez: All right. So -- The Ordinance was read by title into the public record by the City Attorney. Mr. Garcia: I believe the more appropriate phrasing would be: "Recommended approval for a rezoning of the properties to the south to T4 -R, as opposed to T4-0, " so -- not denial, but approval of T4 -R instead. Mr. Wasserman: I think that's -- Mr. Garcia: Is that correct? Mr. Wasserman: --with a denial, it wouldn't move forward. Ms. Mendez: I would ask that we table this for just two minutes so that we could appropriately read it into the record. I don't want later that everybody's confused and not knowing exactly what happened. So I apologize; give us a moment. Vice Chair Russell: When Commissioner Gort starts flipping the pen, I know we're in trouble. Commissioner Suarez: Can we do something else? Chair Hardemon: You should have seen him when he was Chair. Later... Commissioner Gort: We're back to you now. Chair Hardemon: We're back on PZ. 6. City of Miami Page 158 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Vice Chair Russell: We'll get there, we'll get there. Chair Hardemon: Are we back; PZ. 6? You're ready? Let's go. Ms. Mendez: Quickly, we need to revisit one little issue that -- Mr. Garcia: So in making the motion and taking the action that you did on the first reading for PZ.5, and in recommending the denial for the change of land use on the properties to the south, the even -numbered properties, there was a failure to increase the density for those properties. So the density for those properties, as it stands right now, remains at duplex residential. Vice Chair Russell: Did we deny? Because I thought we were saying T4 -R for those, too. Mr. Garcia: Approval, no, sir. Your first motion was to approve the requested land use change for the properties to the north, and deny the land use change for the properties to the south. Vice Chair Russell: I don't believe that was the wording that we used -- Mr. Wasserman: PZ.5 was approval. Vice Chair Russell: -- when we passed it. PZ.5 was approved; and probably, mistakenly so, it gave T4-0 to the south, when it should have been T4 -R. Mr. Garcia: Well, if that's the case -- Vice Chair Russell: We did not deny; we did not deny, overall. Mr. Garcia: -- it was approved without -- Ms. Mendez: You show approved overall; we didn't make any amendment. Vice Chair Russell: Yeah. And that was a mistake. It should have been T4 -R to the south; T4-0 to the north. Mr. Hannon: That is correct; no amendments were made on PZ.5. Chair Hardemon: Is there a motion to reconsider PZ -- Ms. Mendez: Well, wait, because then it may be fine; just give us -- Chair Hardemon: Okay. Take your time. Mr. Wasserman: PZ.5 was the approval for the future land use amendment. PZ.6 is the rezoning. I need both in order to go to the T4 -R, even on the south; in other words, we have to approve PZ.5 in its entirety, and we are going to approve T -- T4-R on the south, on PZ. 6. Mr. Garcia: All right. So that is correct. We have confirmed that that was the title, and if the approval was as per the title, then that's set. However, we probably took it one step further than we needed to, because that also allows for commercial -- the land use component on the southern properties, which was not the intent. That can be corrected on second reading, but the important point is that the density now exists to be able to accomplish, I think, the intent of this Commission, which is to, on first reading, approve, subject to the covenant proffered, as revised, the rezoning of the City of Miami Page 159 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 northern properties from T3-0 to T4-0; and the southern properties, which are the even -numbered properties, from T3-0 to T4 -R. Ms. Mendez: Okay. So now I'm going to read it. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: With a voluntary proffered covenant, as amended. Chair Hardemon: Is there any further discussion about the item? Hearing none, all in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.7 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 ABSENT: 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing Item PZ. 7, please see "PZ Order of the Day. " City of Miami Page 160 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PZ.8 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 ABSENT: 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing Item PZ.8, please see "PZ Order of the Day. " PZ.9 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 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.05± ACRES OF REAL PROPERTIES AT APPROXIMATELY 2124, 2126, AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.9 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ. 9, please see "Order of the Day" and "PZ Order of the Day. " City of Miami Page 161 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PZ.10 ORDINANCE First Reading 1676 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING "T4 Zoning CLASSIFICATION FROM -L", GENERAL URBAN TRANSECT "75-0", ABSENT: ZONE -LIMITED, TO URBAN CENTER TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2124, 2126 AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.10 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.10, please see "Order of the Day" and "PZ Order of the Day. " PZ.11 ORDINANCE First Reading 1972 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning and OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2, Zoning ENTITLED "DEFINITIONS OF TERMS," ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.11 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.11, please see "PZ Order of the Day." City of Miami Page 162 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PZ.12 RESOLUTION 2194 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR Department of DENYING THE APPEAL FILED BY DAYDREAMING LLC, THE Planning and PROPERTY OWNER, AND AFFIRMING OR REJECTING THE Zoning DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL ABSENT: PRESERVATION BOARD'S DENIAL OF AN APPEAL OF THE ISSUANCE OF INTENDED DECISION BD16-009931-001 FILED BY NATHAN KURLAND, THE ABUTTING PROPERTY OWNER, REGARDING THE REMOVAL AND MITIGATION OF TWO (2) TREES AT APPROXIMATELY 3140 DAY AVENUE, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.12 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.12, please see "PZ Order of the Day." PZ.13 RESOLUTION 2327 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, WITH CONDITIONS, THE CLOSING, Planning and VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE Zoning A PORTION OF NORTHWEST 7 COURT, LOCATED ALONG THE ABSENT: NORTH SIDE OF NORTHWEST 32 STREET AND ALONG THE WEST SIDE OF NORTHWEST 7 AVENUE, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "A," PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-17-0314 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Vice Chair Russell: What's the next item, Mr. Clerk? Victoria Mendez (City Attorney): I think you're the Chair right now. Francisco Garcia (Director, Planning & Zoning): PZ. 13 would he the next item for consideration. Vice Chair Russell: PZ (Planning & Zoning) -- City of Miami Page 163 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Mr. Garcia: 13. Vice Chair Russell: --13. Commissioner Gort: How about PZ. 16? Vice Chair Russell: Closure at 3200 Northwest 7th Avenue. Mr. Garcia: Yes, sir. I'll read it briefly, with your permission. Commissioner Gort: Move it. Commissioner Suarez: Second. Commissioner Gort: That's the Corpus Christi Church. They use the facility right now for the church ground; and also, they have a school in there, and they already have the street closed. Vice Chair Russell: Thank you. It's been moved and seconded. Do you want to read it in the record, please? Todd B. Hannon (City Clerk): It's a resolution, sir. Vice Chair Russell: You don't need to. Any further discussion on the dais? All in favor, say "aye " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. PZ.14 ORDINANCE Second 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 ABSENT: APPROXIMATELY 1336, 1348, AND 1366 NORTHEAST 1 ST 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 76-2413-0", URBAN CORE TRANSECT ZONE -B -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13689 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: Next item, Mr. Clerk. City of Miami Page 164 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Francisco Garcia (Director, Planning & Zoning): Oh, sorry. Thankyou. Vice Chair Russell: Or Mr. Garcia. Mr. Garcia: PZ. 14 is before you on second reading. It is an application for the rezoning of properties at approximately 1336 Northeast 1st Avenue, and properties nearby. And the request is to change the zoning from T6 -24-A-0 to T6 -24-B-0; the land use stays as is. And I understand the applicant has proffered a covenant they'd like to describe. Iris Escarra: Correct. We proffered a covenant, contributing 14 percent of the total units to workforce housing, which is 91 units. We mentioned that and included it in the record. I would just like to include the record from the first hearing, and answer any questions you may have. Vice Chair Russell: Thank you. Commissioners, is there a motion on this item -- Commissioner Suarez: Move it. Vice Chair Russell: -- or any discussion? Commissioner Carollo: Second. Vice Chair Russell: It's been moved by Commissioner Suarez; seconded by Commissioner Carollo. Todd B. Hannon (City Clerk): My apologies, Vice Chair. Mr. Planning Director, Madam City Attorney, the covenant that's submitted, is that amending anything, or is this going as is? Victoria Mendez (City Attorney): I am not sure if the covenant was presented on first reading. Ms. Escarra: The covenant was presented at first reading -- Ms. Mendez: But it's changed since then, no? Ms. Escarra: -- Gigi Solomon made changes to it, which we even accepted. Ms. Mendez: Okay. So it'll be as amended. Commissioner Suarez: As amended. Vice Chair Russell: It's been moved and seconded -- Commissioner Carollo: As amended. Vice Chair Russell: -- as amended. Any further discussion from the dais? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Iris, what is the percentage of affordability in the covenant? Ms. Escarra: 14percent; which, in our building, is 91 units. Vice Chair Russell: 91 units of affordability? City of Miami Page 165 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Ms. Escarra: Yes, because we're building 637. So if I remember correctly, 14 percent ends up being another 91 units. Vice Chair Russell: Thank you. Ms. Escarra: And we had 96 in the last building. Vice Chair Russell: Thank you. It's been moved and seconded. Roll call. Mr. Hannon: Roll call on item PZ. 14. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Ms. Escarra: Thank you very much. PZ.15 ORDINANCE Second 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 APPROXIMATELY 565 NORTHEAST 71 STREET AND THE WESTERN PORTION OF 7000 AND 7120 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM 74-L," GENERAL URBAN TRANSECT ZONE -LIMITED, TO 74-0," GENERAL URBAN TRANSECT ZONE - OPEN, AND DENYING THE REZONING REQUEST FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7010, 7020, 7030, 7100 BISCAYNE BOULEVARD AND THE EASTERN PORTION OF 7000 AND 7120 BISCAYNE BOULEVARD, 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. ENACTMENT NUMBER: 13691 ......... ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For additional minutes referencing Item PZ.15, please see "Public Comment Period for Planning and Zoning Item(s). " Vice Chair Russell: Next item, Mr. Garcia. Francisco Garcia (Director, Planning & Zoning): That would be item PZ. 1 S. Item PZ. 1 S is before you on second reading. It is the proposal to rezone properties at around 7000 Biscayne Boulevard. The proposal is to conduct two rezonings of the property. The component to the property that is presently T4 -L is proposed to be rezoned to T4 -O. The component to the property that is presently TS -O is proposed City of Miami Page 166 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 to be rezoned to T6-8-0. The application was filed such that the true intent was to rezone the component that is T4 -L to T4-0; for that purpose, we have recommended denial of the -- as did the Planning, Zoning & Appeals Board -- of the rezoning from T5-0 to T6-8-0. And the Planning, Zoning & Appeals Board recommended approval of the T4 -L to T4-0 zoning. I should pause for a moment and in parentheses add -- as pointed out by a lady who spoke at the public hearing component -- that there is apparently a scrivener's error in the title of the ordinance that has been presented to you, and should be noted. Apparently, the record captions that the Commission on first reading recommended approval of the rezoning on the parcels fronting Biscayne Boulevard from T5-0 to T6-8-0. That's not the case. The recommendation of the City Commission on first reading was that the T4 -L component of the site be rezoned to T4-0, and not the other way around. I just wanted to note that for the record. Having said that, your Planning & Zoning Department had been -- recommended for denial. The PZAB (Planning, Zoning & Appeals Board), as stated, recommended approval of the T4 -L to T4-0 rezoning; not for the T5-0 to T6-8-0 rezoning. The applicant lastly has submitted a covenant for your consideration, and I'll yield to the applicant to describe the terms. Gilberto Pastoriza: Good afternoon, Mr. Chairman -- Vice Chair Russell: Yes. Mr. Pastoriza: -- Commissioners. Gilberto Pastoriza, 2525 Ponce. We were here before you last month, and I want to make it very clear; very clear, not only to this Commission, but some of the neighbors who are here that we do not seek at any time the rezoning of the T5-0 property to T6-0. We were forced upon doing that for --by the Planning Department. All that we're seeking in this application, which is what you approved on the first reading, is the rezoning of T4 -L to T4-0, with a covenant that was reviewed by your legal staff, but -- and I submitted it to Commissioner Hardemon, with the change that it requires the vote of four Commissioners to change this covenant. And what this covenant basically does, it says: On the T4-0 property, all we're going to do is surface parking for the T5-0 property on Biscayne Boulevard; and otherwise, if for some reason, maybe there is no need for the parking, then we can do T3 housing, and then -- and I just wanted to make it very clear to some of the neighbors that were here and to him -- okay? -- that that's our intention, and it was always our intention, and I don't want to mislead anybody into what I'm saying right now. So I will --I would ask you respectfully to vote on second reading for what you voted on first reading. Thank you. Vice Chair Russell: Thank you, sir. The Chairman is nearby. This is a item in his district, which I wouldn't want to assume he doesn't have a position on. Third item, we'll table it until we see the Chairman, please. Next item. Mr. Garcia: Thank you, sir. Item PZ (Planning & Zoning) -- Victoria Mendez (City Attorney): I apologize. Mr. Pastoriza, could you submit the covenant, the updated covenant into the record? Mr. Pastoriza: I did, and your attorney accepted. Ms. Mendez: No, no, I understand. But do you -- Did you submit it here -- Mr. Pastoriza: Oh, yeah -- Ms. Mendez: -- to the record? Mr. Pastoriza: -- no. And your staff has it. The Planning & Zoning staff has it. City of Miami Page 167 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Ms. Mendez: So you don't have another one --? Vice Chair Russell: No need to table (UNINTELLIGIBLE). Mr. Pastoriza: Well, listen, I'll give you -- Ms. Mendez: I think I have one here. Mr. Pastoriza: I know. I'll give you mine. Vice Chair Russell: We're on PZ. 1 S, sir. Chair Hardemon: I remember. Now, we were -- everyone was a little --from what I understood from the representation made by the counsel, on the record; by the City staff, on the record of what was happening here, so this is not what I expected it to be, especially -- and that's why, as I understood, the Upper Eastside did not come out in force, because we were -- understood that there was not going to be anything that was deleterious to the neighborhood. Mr. Pastoriza: Right. Chair Hardemon: Right? Mr. Pastoriza: You know, it's what I said from day one. We don't care to up -zone Biscayne Boulevard; we don't. Chair Hardemon: So it was the approval and -- part denial/part approval, correct? Mr. Garcia: That is correct, sir. Chair Hardemon: And just -- Mr. Garcia: And just to clam further, the -- as you correctly stated, the part approval dealt with the component of the site that is presently zoned T4 -L, and the recommendation on first reading from the Commission was that it be rezoned to T4- 0. Everything else stays as is, which is TS -O, fronting Biscayne Boulevard. Chair Hardemon: Got it. No T6-8-0? Mr. Garcia: Not at all, sir. Mr. Pastoriza: No T6-8-0. Chair Hardemon: Correct. Ms. Mendez: I'll read -- When I read the title, I'll read the correct title into the record so that there is no -- Chair Hardemon: All right. With that being said, the Chair would like to entertain a motion to approve. Vice Chair Russell: I'll move it. Commissioner Gort: Move it. Vice Chair Russell: I'll second it. City of Miami Page 168 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Chair Hardemon: It's been properly moved and seconded. Any further discussion about the item? Can you read it into the record? Ms. Mendez: Now, quickly, Todd, do you have a copy of the new covenant? Yes? And then it -- with the provision number S that it's a 4/5ths vote of the City Commission; just to make sure that you have the correct one; just number S in the covenant just says 4/5ths? Todd B. Hannon (City Clerk): Yes, ma'am. Ms. Mendez: Thank you so much. Mr. Pastoriza: Thank you. Ms. Mendez: And this is reading the amended title in the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: All right. Seeing no further comments about it, all in favor, say aye. Py The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Pastoriza: Thank you. Chair Hardemon: You're welcome, sir. Mr. Garcia: I'm sorry. Yes. Pertaining to your last action, was there language there that incorporated the acceptance of the covenant proffered? Commissioner Suarez: Yeah, it does. Chair Hardemon: I want the record to reflect that it does, yes. Vice Chair Russell: Yes. Mr. Garcia: Thank you. Vice Chair Russell: Mr. Chairman, can we go back to PZ. S and 6, please? Chair Hardemon: Yes. Ms. Mendez: Yes. It's the covenant, as amended, that was submitted to the Clerk, so that's on the record, as well. Thank you. Mr. Pastoriza: Thank you. Chair Hardemon: No problem. City of Miami Page 169 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PZ.16 ORDINANCE Second Reading 2228 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING "T4 Zoning CLASSIFICATION FROM -O", GENERAL URBAN TRANSECT - "75-0", OPEN, TO URBAN CENTER TRANSECT -OPEN, FOR THE PROPERTY LOCATED AT 2950 NORTHWEST 7 AVENUE, MIAMI, FLORIDA; AND THE ZONING CLASSIFICATION FROM 74-R", GENERAL URBAN TRANSECT ZONE -RESTRICTED, TO 75-R", URBAN CENTER TRANSECT ZONE -RESTRICTED, FOR THE PROPERTIES LOCATED AT 720, 730, AND 744 NORTHWEST 30 STREET AND 735 NORTHWEST 29 TERRACE, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13692 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardenzon: Commissioner Gort has properly moved to approve PZ. 16. Commissioner Suarez: Second. Chair Hardenzon: It's been properly moved and seconded to approve PZ. 16. Is there any further discussion from the board members? Commissioner Suarez: No. Chair Hardenzon: Seeing none on PZ. 16; just need to be read into the record. Todd B. Hannon (City Clerk): Not yet; the title has not been read into the record for PZ. 16. Chair Hardenzon: I'll read it into the record. The Ordinance was read by title into the public record by Chairman Hardenzon. Chair Hardenzon: Is there any further unreadiness about the item? All in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardenzon: All against? Motion passes. Commissioner Gort: Great presentation. City of Miami Page 170 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PZ.17 ORDINANCE Second Reading 1673 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 0.179± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.17 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.17, please see "PZ Order of the Day." PZ.18 ORDINANCE Second Reading 1674 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING Zoning CLASSIFICATION OF THE SOUTHERN PORTION OF THE ABSENT: PROPERTY LOCATED AT APPROXIMATELY 3750 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, FROM "74-0", GENERAL URBAN TRANSECT ZONE -OPEN", TO "75-0", URBAN CENTER TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.18 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.18, please see "PZ Order of the Day." City of Miami Page 171 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 PZ.19 ORDINANCE Second Reading 2192 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning and OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE "AMENDMENT Zoning 7, SECTION 7.1.2.8, ENTITLED TO MIAMI 21 CODE" TO ADD RESTRICTIONS FOR PARTIES SEEKING REZONING APPLICATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13690 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For additional minutes referencing Item PZ.19, please see "Public Comment Period for Regular Item(s)" and "Public Comment Period for Planning and Zoning Item(s). " Commissioner Suarez: So can I move PZ.19? Chair Hardenzon: You may. Commissioner Gort: How about PZ. 16? It's -- be an easy one. Commissioner Suarez: All right. Motion and a second -- Commissioner Gort: PZ. 16 is an easy one. Commissioner Suarez: --PZ.19. Chair Hardenzon: It's been moved and seconded that we approve PZ.19. Commissioner Suarez: Second reading. Commissioner Gort: Mr. Chairman. Chair Hardenzon: Yes. Commissioner Gort: Can we get PZ. 16 before 19? It's going to be a quickie. Commissioner Suarez: Okay. Let's do 16 first. I'll hold on my motion. Todd B. Hannon (City Clerk): Well, we have a motion and a second right now on PZ.19. Commissioner Suarez: I'll withdraw my motion; how about that? Mr. Hannon: We can just table PZ.19, as well, then -- Commissioner Suarez: Yeah. City of Miami Page 172 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 Mr. Hannon: -- and just -- Commissioner Suarez: That's fine. And we'll table it, because there's a motion and a second, so let's table it. Later... Chair Hardemon: 19. Commissioner Gort: 19. Commissioner Suarez: It's moved and seconded. Vice Chair Russell: So it's already been moved and seconded. Chair Hardemon: Is there any further discussion on PZ. 19? Vice Chair Russell: Do it. Victoria Mendez (City Attorney): Chairman. Chair Hardemon: Yes. Ms. Mendez: Can we go back? Commissioner Suarez: No. Chair Hardemon: Let's do PZ. 19. Ms. Mendez: Okay. Commissioner Suarez: We got a motion and a second on it, I know (UNINTELLIGIBLE). Chair Hardemon: Right. Can you -- I'll read it into the record. Commissioner Suarez: All right. The Ordinance was read by title into the public record by Chairman Hardemon. Chair Hardemon: Is there any further discussion -- Commissioner Suarez: No. Chair Hardemon: -- about this item? This has two readings, as well? Commissioner Suarez: Yes. Chair Hardemon: Yeah? All in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 173 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PZ.20 ORDINANCE First Reading 1909 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND THE Department of MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning and FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, "DEFINITIONS Zoning SECTION 1.5, ENTITLED OF ART IN PUBLIC PLACES "PUBLIC ABSENT: PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.20, please see "Public Comment Period for Regular Item(s)" and Item FR.2. Chair Hardenzon: If I may, I know there was a companion item for PZ.20. I know we handled the first part, so let's call PZ.20 right now, and then I'll conte back to PZ 3. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thankyou. Item PZ.20 is the first reading of an amendment to the Zoning Ordinance to make the necessary provisions to incorporate the Art in Public Places Program for private development in particular, as part of the City of Miami development regulations. Your Planning & Zoning Department has recommended approval, as did the Planning, Zoning & Appeals Board, and we submit it for your consideration. Happy to answer any questions. Chair Hardenzon: Madam City Attorney, do you need to read this into the record? Mr. Garcia: I'm sorry, sir? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Mr. Chairman. Chair Hardenzon: Yes, sir Vice Chair Russell: Does this include the sante amendment that I brought for the other one, or is it relevant to hear with regard to the affordable, exempting rather than using a waiving -- waiver process? Commissioner Suarez: I think you can move it as amended earlier in the companion item, correct? Victoria Mendez (City Attorney): Right; so as amended. There was a substitution City of Miami Page 174 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 Commissioner Suarez: Okay, got it. Ms. Mendez: --also -- Commissioner Suarez: Sorry. Ms. Mendez: -- with regards to that. So if that is what the Commission passes, as amended. Vice Chair Russell: Thank you. Commissioner Suarez: Mr. Chair, I'll second -- Are you going to move it? Vice Chair Russell: I'll move it. Commissioner Suarez: I'll second it. I just want to say briefly, because I didn't get a chance to speak on the FR (First Reading) item, I -- This one is a tough one for me. I mean, I think you all know. I was very much influenced by what Francisco Herretes said. I'd love to see if there's any sort of economic data out there, analysis out there regarding programs like these, and, you know, property values or anything that gives me some sort of comfort in knowing that we're imposing essentially an additional fee in a declining real estate market. You know, I -- you know, he talked about building value, and I'm into building value, and I understand building value in real estate; I get it. But I want to get some sort -- If there's any economic data out there that you can share at some point -- you don't have to share it now, because I know it's a long day, but if you can just get it to me, I'd appreciate it. That'd make me feel more comfortable on second. Chair Hardemon: So it's been properly moved and seconded. Is there any further discussion? Vice Chair Russell: No, sir. Chair Hardemon: Seeing no further discussion, all in favor of the item, say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes, as amended. Commissioner Suarez: As amended. City of Miami Page 175 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 PZ.21 RESOLUTION 2170 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY BARBARA LANGE Planning and AND KATRINA MORRIS, REVERSING/AFFIRMING THE DECISION Zoning OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION ABSENT: BOARD'S APPROVAL, WITH CONDITIONS, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS SOUGHT FOR THE PARTIAL DEMOLITION OF AN EXISTING STRUCTURE, THE RECONSTRUCTION OF A THEATRE, AND THE NEW CONSTRUCTION OF A PARKING GARAGE WITH RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED HISTORIC SITE KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. PZ.21 was continued to the July 27, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.21, please see "Order of the Day" and "PZ Order of the Day. " END OF PLANNING AND ZONING ITEM(S) City of Miami Page 176 Printed on 0 712 712 01 7 City Commission Meeting Minutes June 22, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 177 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 178 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 179 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 180 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 181 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 182 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 FL - FUTURE LEGISLATION IAkiUZO72111111rI]:141 Em W WiTA I IQ ki I City of Miami Page 183 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 2558 A RESOLUTION OF THE MIAMI COMMISSION APPOINTING City Commission FRANCIS SUAREZ, SUBJECT TO MEETING THE QUALIFICATIONS OF THE OFFICE, AS THE DISTRICT 4 COMMISSIONER FOR THE CITY OF MIAMI, TO FILL THE VACANCY CREATED BY THE RESIGNATION EFFECTIVE JUNE 22, 2017, TO SERVE UNTIL SUCH TIME AS THE RESULTS HAVE BEEN DECLARED AND CERTIFIED FOR AN ELECTION TO BE HELD ON NOVEMBER 7, 2017. ENACTMENT NUMBER: R-17-0285 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item DL 5, please see Item DL 5. Chair Ilardemon: I'd like to call another item out of order, RE. 4. What I'll do is this: I'll call --I'll open up public hearing for RE.4 and FR.4. So if you're hereto speak on any public -- on item -- not any item; I'm sorry. If you're here to speak on RE.4 and FR. 4, you should approach the dais now. Seeing no one approach the dais or any of the lecterns, I'm going to close public hearing on item RE.4 and FR. 4. And so, I'll call RE. 4. Madam City Attorney, I know there's an amendment that needs to be proffered to RE. 4. Victoria Mendez (City Attorney): Chairman, did you already do the first resolution, the one that was -- has to do with DI (Discussion Item) -- Nicole N. Ewan (Assistant City Clerk): With DI S. If we can pass -- Ms. Mendez: --with DI. S? Ms. Ewan: -- that resolution first. Commissioner Carollo: I'll move the resolution. Ms. Mendez: Chairman, would you like me to read that resolution? Chair Hardemon: You can read it aloud. Yes, that's fine. No. What I want to do is, actually, I want to open the floor for public comment on the resolution. "The resolution of the City of Miami appointing Francis Suarez, subject to meeting the qualifications of the Office of District 4 Commissioner for the City of Miami, to fill the vacancy created by the resignation, effective June 22, 2017, to serve until such City of Miami Page 184 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 time as the results have been declared and certified from the election to be held on November 7, 2017. " Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing on this item. It's been properly moved by Commissioner Carollo; seconded by the Chair. Is there any further comment on this item? Hearing none, all in favor; say "aye " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion passes. Okay? NA.2 DISCUSSION ITEM 2563 CHECK PRESENTATION FOR $1,125,000 AWARD FROM STATE Office of the City OF FLORIDA FOR STORMWATER MASTER PLAN. Clerk RESULT: PRESENTED Chair Hardemon: What I'd like to do, Mr. Mayor, after hearing what you have to say, is I want to acknowledge the elected officials that are here that were asked to speak at 11 o'clock. It's a terrible time to come speak, because we're trying to get through the business. The best time is always in the morning at -- around 9 o'clock for us to address dignitaries, especially, but, you know, to kind of interrupt is very difficult for me. So is that what you stood up for or (UNINTELLIGIBLE)? Mayor Tomks Regalado: Yes. We have here State Senator Jose Javier Rodriguez, State Representative Bryan Avila, and State Representative Nick Duran; and also, we have representative on Southern Strategies and Becker Poliakoff. These are the two lobbying team -- firms that help us in Tallahassee. As you remember, a long time ago I -- Commissioner Carollo asked for a new master plan of storm sewers with a sea level component, and that was the ask of the City of Miami. That was a priority in this session, and we got more than we asked. And so, they're here, and they want to present a check to the Administration and the Commission. If you all come up. Commissioner Gort: You mean, it hasn't been deposit yet? Chair Hardemon: Yeah, you can come around on the dais. Come this way. I know - - you have your -- the beautiful Vanna White with the -- only the -- the older people only get that? Vanna White. Remember, you have to show respect. So I'm assuming that the Senator will take lead, since you're here to speak on behalf of what's happening. Senator Jose Javier Rodriguez: Absolutely. Hello everybody, Commissioners, Chair, Vice Chair, Mayor. Briefly, along with Representative Avila, we sponsored the City's number -one priority, which was -- original request was a million dollars to fund the Master Plan; and in the process, it was authorized by the Governor at a 1, 250, 000. And I just want to -- I'll obviously let Representative Avila speak, as well. I think -- you know, I think there's sort of two sets of "thank yous " I'd like to add to the list of folks up here. Obviously, our amazing staff, our legislative staff, but yours as well, so your Attorney's Office and everybody who worked so hard, helping you all get engaged at the right time. But also, on the Senate side, it's a team process. I would be remiss if I didn't mention that two of my colleagues who do not represent City of Miami, Senate President Joe Negron had my back at every step; knew this was our priority. Second thing is Senator Anitere Flores ran an amendment for me City of Miami Page 185 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 at a very critical time; she didn't have to do it, but she was trying to help us out, and so I just want to recognize them, as well. Thank you. Senator Bryan Avila: Thank you, Senator. And I just want to be very brief. Mayor, thank you; and Commissioners, Mr. Chairman, thank you very much for this opportunity. And to the residents --I think I speak on behalf of all of us -- thank you for allowing us to represent you in Tallahassee. And as my dear friend, the State Senator, mentioned, this was a priority for the City of Miami, and it really took just an incredible team effort. I could tell you on the House side, my friend, State Representative Nick Duran, was incredibly helpful in making sure that we got this funding; as well as here at the City of Miami, Diana Artega, was up there constantly lobbying for this; as well as Becker Poliakoff, Jose Bermudez, Jose Fuentes; and from Southern Strategies, Edgar Castro, who's a great friend of mine. It really took just a tremendous team effort, and we're just very grateful and very honored to serve you, and to bring back these funds for the City and for our community. Thank you. (Applause) Nicholas Duran: I'll be the briefest of the three. Both my colleagues have said a lot about it. I think one of the most important pieces of how we are effective up in Tallahassee is our teamwork and working closely with our electeds from down here and amongst each other, and this is a great demonstration of that. Thank you. (Applause) Commissioner Carollo: Thank you. This is something that I brought quite a few months back, and I asked my colleagues to support me, because if we're really serious about sea level rise, we'll need to start with the very basic, the base, which is us updating our Storm Water Master Plan, and include a sea level rise component of it. I had the fortune to be with the Mayor, as Governor Rick Scott came down, and we had an event with regards to economic development, and the Mayor and I were able to ask the Governor if the Legislature would pass this if he would veto it; and he told the Mayor and myself, "No, I will not veto it. " And he kept his word. And I want to thank the Legislature, the Senate, and the House, for passing this, because, yes, this was a priority for the City of Miami. Thank you. (Applause) Vice Chair Russell: Thank you, and I'll be brief as well. Commissioner Carollo, your willingness to articulate this and prioritize this early on is very good, and it's gotten us to where we are today. As you know, 1.1 million is about the cost of putting in one pump. And we can squander that money here and there, just trying to patch the holes in the dam, but to actually put money toward the planning and to do it properly is really the priority. And I really thank our Senator and Representatives for keeping in touch with me and my office throughout the session on this and many items, to really talk about how these things would affect the City, and what are our priorities, and where's the give and take. And I really appreciate that cooperation. Thank you so much. (Applause) Chair Hardemon: Thank you, Diana Arteaga Vice Chair Russell: Oh, yes. Commissioner Gort: Thank you, Diana. City of Miami Page 186 Printed on 07/27/2017 City Commission Meeting Minutes June 22, 2017 ADJOURNMENT Chair Hardemon: All right, ladies and gentlemen, this meeting is in recess until 2 o'clock. The meeting adjourned at 7:13 p.m. City of Miami Page 187 Printed on 07/27/2017