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HomeMy WebLinkAboutCC 2018-06-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 28, 2018 9:00 AM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes June 28, 2018 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Reyes. On the 28th day of June, 2018, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Vice Chair Russell at 9:09 a.m., recessed at 12:12 p.m., reconvened at 2:12 p.m., and adjourned at 6:50 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:16 a.m., Commissioner Carollo entered the Commission chambers at 9:52 a.m., and Chair Hardemon entered the Commission chambers at 11:05 a.m. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Welcome to the June 28, 2018 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo "Willy" Gort, Joe Carollo, Manolo Reyes; Ken Russell, Vice Chair; and Keon Hardemon, Chairman. Also on the dais are Emilio Gonzalez, City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, City Clerk. The meeting will be opened with a prayer by Commissioner Gort and the pledge of allegiance by our Mayor Suarez. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 4383 Honoree Presenter Protocol Item Fernando Casamayor City Manager Emilio Gonzalez Salute Luciana Gonzalez Mayor Salute LRESULT: PRESENTED 1) Mayor Suarez and Commissioners paid tribute to Mr. Fernando Casamayor, Assistant City Manager for the City of Miami. He was recognized for his commitment and dedication to promoting efficiency and accountability. He formerly served as Chief Financial Officer and currently oversees the Department of Real Estate and Asset Management (DREAM), Neighborhood Enhancement Team (NET), Code Compliance, and Solid Waste Department. Under his leadership, the City of Miami has received multiple bond upgrades, excellent records in financial reporting and budgeting, as well as improvements City ofMiami Page I Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 in transparency, community involvement, procurement processing, and employee wellness programs. Mr. Casamayor spent 26 years working for Miami -Dade County, serving as an assistant tax collector and special projects administrator with the Tax Collector's Office, as well as a budget analyst with the Office of Strategic Business Management. Mr. Casamayor was named 2018 Public Administrator of the Year by the American Society for Public Administration South Florida. Elected Leadership of the City of Miami paused in their deliberations of governance in order to honor and commend Fernando Casamayor for his years of public service and for serving the residents of the community with distinction, honor, and dignity. 2) Mayor Suarez and Commissioners paid tribute to Ms. Luciana Gonzalez, Assistant Director of the Planning Department. She was saluted for her commitment to public service and dedication to serving the City of Miami for IS years. Ms. Gonzalez has held a variety of vital roles. In April 2003, she commenced her career with the City as a Marketing Coordinator in the Economic Development Department, before quickly rising to the position of Special Projects Coordinator in the Planning Department, followed by a promotion to Assistant to the Director. She eventually earned her way to becoming Assistant Director of the Planning Department, where she has been instrumental in the successful implementation of Miami 21, including executing dozens of community outreach initiatives aimed at the project's success and to reinforce Miami's status as a world class city. Ms. Gonzalez has also dedicated countless hours to educating future real estate professionals about Miami 21, while managing administrative operations, recruiting talented individuals, and overseeing a fiscally responsible budget for the department. Elected leadership of the City of Miami paused in their deliberations of governance in order to honor and commend Luciana Gonzalez for an esteemed career with the City of Miami and to wish her good luck and much continued success in her retirement. Vice Chair Russell: We'll now make the presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Apr 26, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes ABSENT: Hardemon, Carollo Vice Chair Russell: Could I get a motion approving the minutes of the following meeting, please? Commissioner Reyes: Move it. Vice Chair Russell: It's been moved. City of Miami Page 2 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: Second. Vice Chair Russell: Seconded by Commissioner Gort. Any discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Vice Chair Russell: All right. We are going to move to the public comments section of the meeting. Anyone who'd like to speak today on any of the items that we are addressing is very welcome. You have two minutes apiece. You'll hear a little sound when you get down to 30 seconds. That's about time to start wrapping it up, please. If you would please state your name and the item on which you're speaking; and if you could address it, either by the subject matter, or its agenda item, we'll understand so we can look really quickly while you speak, and know what you're addressing. You can state your name, please. You do not have to state your address. But anyone who would like to speak on any item today, please approach either of the two lecterns so we could get through it relatively quickly and efficiently. I'll let anyone who wants to speak. This is not on the Planning & Zoning agenda; only on the morning's agenda; that would be the consent agenda, the PH (public hearing) agenda, the SRs (second readings) and the FRs first readings), and the REs (resolutions). Sherman Rattner: Good morning, Commissioner. I think this is PZ. 11, so I'm not sure -- Vice Chair Russell: You'll have to wait till after 2 o 'clock for that item. Mr. Rattner: Thank you. Vice Chair Russell: That's PZ. 11. Actually, there is an item on the regular agenda referring to transfer of residential density, which is item -- help me out. Commissioner Gort: Isn't that the --? Vice Chair Russell: No. This is -- I'm looking at the wrong plasma. Barnaby Min (Deputy City Attorney): I believe it's FR. 1. Vice Chair Russell: Here it is. FR.]. You could speak to FR.]. It's the same subject. Mr. Rattner: My name is Sherman Rattner. I'm the president of 1809 Brickell Tenants Association. It's a 270 -unit affordable senior housing project. It was built in 1967. It was affordable housing for the last 50 years. Come September 1, 2019, about 400 seniors are going to be out on the street as a result of a 2014 sale -- I'd call it a giveaway -- by the Teachers Union to a developer, under the pretense that it was going to be preserved as affordable housing. It was a travesty that that sale was allowed to happen; that HUD (Department of Housing and Urban Development) approved it; that the City and the State, and the County did nothing to prevent it. It will be a worse tragedy if it is allowed to happen. How does that relate to the issue City of Miami Page 3 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 at hand? Your proposal to give density bonus -- a substantial density bonus to --for preservation, historic preservation -- why not go the rest of the way? Why aren't we giving large density bonuses -- whatever it takes; 50 percent, 100 percent, 200 percent? There are ways to preserve not only historic properties, but in the same context, to preserve places such as 1809 Brickell Avenue; some people know it as Stanley Axelrod Tower. If we can preserve historic properties, why can't we preserve 1809 Brickell Avenue? There are thousands of units in the same situation as us. To give this away, to allow this to be lost is basically signing the death certificate, not only for historical properties, but also for thousands of other senior affordable housing. I don't think anybody wants to do it. Why isn't that part of that measure, to use those same devices -- and by the way, we have three other measures we're proposing that we believe will protect us, and would welcome the opportunity to discuss those with you. We talked about it briefly; zoning reversions that could be used for historical preservation, as well, and other measures. Thank you very much. Vice Chair Russell: Thank you, Mr. Rattner. Just a quick question so I understand what you're asking. So in the TDD (Transfer of Development Density) measure, we're basically taking density that's not used on historic structures and allowing areas near transit areas to increase their density -- Mr. Rattner: Yes. Vice Chair Russell: --from that. And your suggestion is to include affordability -- Mr. Rattner: Exactly. Vice Chair Russell: -- in that equation. Mr. Rattner: Exactly; and to raise the amount to whatever amount it takes of density bonus so that developers will be sufficiently incentivized that they will retain the existing affordable housing and also want to build more affordable housing. Vice Chair Russell: When this item comes up, I will certainly bring an amendment that addresses that. Thank you. Mr. Rattner: Thank you very much. Vice Chair Russell: Sir, you are recognized to speak. Scott Silver: Yes. Scott Silver, as pro Bono counsel for Dade Heritage Trust, here to speak on FR.2. We have people here from the Dade Heritage Trust, which has been instrumental in preservation -- Freedom Tower, Miami Circle, other historic heritage sites in Miami. First of all, we endorse the waiver of the appeal fee. We agree that it should be easy, inexpensive for somebody to appeal. However, this ordinance is attempting to turn historic preservation ordinances, as they are enacted nationwide, on its head. To allow a homeowner to opt out vio -- there is an unconstitutionality issue involved here, but this ordinance, this provision itself would be unconstitutional under the State Constitution. The County Charter, under 9.02 -- 9.04 -- provides the municipalities that the County Charter takes precedence. You may have a HEP Board. You can have Historic Environmental Preservation, but it - - they cannot enact any provision that is less restrictive than the County ordinance. You can provide for more restrictive. In essence, what you're doing by introducing this is creating a -- is create -- introducing an ordinance that would, in effect, be illegal. You cannot allow for an opt -out. We will show through the other speakers that this is against local and national policy, and even more impactful is it's a solution seeking a problem. We went back and interviewed. You'll hear prior preservation officers, and it's not really the problem that you may think it is. State City of Miami Page 4 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 law grants these municipal powers, but the County Historic Ordinance takes precedence, and it's the creature that actually formed our Historic Preservation City Ordinance. The law is crystal clear that you can -- the City may not enact more restrictive rule -- may enact more restrictive rules, but not less restrictive. In order to allow somebody to opt out, what you're doing is you're violating the basic principle of due process, which is once they are designated, they have an appellate right, which we're saying, waive the fee. If they're designated, even if they don't appeal at that point, if they ask for a certificate of appropriateness, they can appeal that, as well. So there's a remedy already in place. So I think that I understand your intentions, Mr. Reyes, on this, but I think a waiver of the appellate fee would grant them the easy pathway for due process. But in order to -- if, in essence, we said that they could opt out, that's simply not the way that historic preservation takes place, and it would violate -- be violative [sic] of the County Charter. If you pass it, it would be a knowingly illegal ordinance, and I don't think that that's the intention -- Vice Chair Russell: Thank you, Mr. Silver. Mr. Silver: -- or the desire here. Commissioner Reyes: Can I ask --? Vice Chair Russell: Of course, Commissioner Reyes. Commissioner Reyes: You're saying that by passing this ordinance that we're going to be -- I mean, against the County and State law? Mr. Silver: Yes. The County -- under the County Charter, they can actually revoke your HEP Board. They can take back jurisdiction to the County, so we would lose jurisdiction over trees, heritage sites, historic preservation. They can actually -- if you don't comply with their provisions. Commissioner Reyes: And this ordinance, the only thing that I intend to do -- I mean, the intention of this ordinance is to stop the frenzy by which the Historic Preservation Board is acting that is declaring historic anything that they see, and that thematic concept that anything that looks like historic is going to be declared historic. I think that I'm not -- this has nothing to do, because -- I mean, to stop declaring buildings that they merit being historic declared historic, and they should be assigned the title of historic. Mr. Silver: So -- Commissioner Reyes: But this by no means wants to, I mean, eliminate historic preservation in the City of Miami. What it intends to eliminate is what I call an abuse of power, an overreach; that is has been the norm for the past years or so. Mr. Silver: I understand the intention. If that's the desire, then you allow for an easy, inexpensive -- or even a free appeal. And -- Vice Chair Russell: Mr. -- Mr. Silver: -- well, see, the frenzy doesn't exist, and the next speakers will address that. Vice Chair Russell: Thank you. Mr. Min, could you address the item? Because the City Attorney has signed off as our legislation is true to form and correctness. Is there any inconsistency between us and the County, and the National Historic Preservation Standards? City of Miami Page 5 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Barnaby Min (Deputy City Attorney): We are comfortable with the legislation, as drafted. The gentleman is correct that there are some County issues, and if there is no legislation, or if the City does not enact a HEP process, then the County would come in, but we are comfortable as the ordinance is drafted. Vice Chair Russell: So you do not believe that creating a mechanism by which a potentially designated site does not get to the HEP Board broadens or weakens our ordinance, compared to what is put before the County? Mr. Min: The requirement is there has to be a HEP process, whether that's through the HEP Board or the City Commission -- Commissioner Reyes: That's right. Mr. Min: -- or either HEP process that is -- Vice Chair Russell: And so, this process is still a process -- Commissioner Reyes: It's still a process in which you get to the HEP Board. Mr. Silver: Well, he's provided a mechanism -- Commissioner Reyes: You see, and you have to be --provided information that you are going to be declared, and it gives you -- doesn't mean that when it comes here -- gives you the opportunity to appeal to the Commission, which is -- we are the legislative body. Vice Chair Russell: Thank you. Commissioner Reyes: If that -- it is -- it should be -- if it merits to be. Vice Chair Russell: Got it. We'll take it up during the item. Thank you. Next speaker. Jason Abitbol: Morning, everyone. Thank you for having me. My name is Jason Abitbol. I am a commercial real estate broker and licensed attorney living in Miami. I'm here today as a concerned citizen. I'm here to discuss Item DI.6 for motorized scooters. I was injured very badly on one, actually, a LimeBike scooter, and I wanted to kind of tell my story to -- in the hopes of making our streets a little bit safer for other people like me. As I said, I'm a licensed attorney. I consider myself a somewhat intelligent person, and the warning signs, in my opinion, when I got on the scooter the night that I fell, were very adequate; that, mixed with some of the -- I guess some of the existing road conditions on Biscayne Boulevard; specifically, the yellow patches on the sidewalk. I'm not sure if you know what I'm talking about, but the -- I believe they're for handicap purposes. Vice Chair Russell: Yes. Mr. Abitbol: I believe that the wheel on my scooter was so thin that it actually got caught when I was traveling through that yellow section of the sidewalk; threw me off, and I fell to the point where I fractured and dislocated my ankle, and had to go in for emergency surgery the same day. I was very lucky that the doctor was able to fuse my bones back together so that he could save my leg, but it was a very traumatic experience, and I want to make sure that I'm doing whatever I can to make my streets a little bit safer. So I'm not really sure -- it's my first time at a Commission hearing. City of Miami Page 6 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 I'm hoping that you guys have some questions for me. Like I said, I'm really just here to help and make things a little bit better, if I can. Vice Chair Russell: Thank you. Are you looking for recommendations to improve the notification or awareness of the danger of the item before someone gets on? And then I -- it sounds like you're also looking to see that we start to address our streets and sidewalks to make sure that if we're going to allow these vehicles that we have a safe pathway or make it as least dangerous as possible. Obviously, these are -- as a Moped or a skateboard, or anything -- these aren't, you know, the -- there is a danger involved. But you -- what -- your point is that from a legal point of view, it should be very, very -- made very, very clear before anyone is able to ride one that they know what they're getting into; is that what you're saying? Mr. Abitbol: Yes, sir; that's exactly what I'm saying. Me, myself, I live on 19th and Biscayne, where there's a big park in front of my building, and I consistently see young people, people with kids putting their kids together with them on these scooters, riding around, and it makes me very nervous, because I know the extent of my injuries. Vice Chair Russell: I've seen it, too. Mr. Abitbol: And the last thing I would want is a little child to suffer what I suffered. So the other thing that you mentioned is definitely a concern of mine, as well. It seems that the design of the scooter -- and again, I'm no expert -- but it seems that the design of the scooter was not made compatible or not thought through well enough for the streets of Miami, because, specifically, the thing that I tripped over or what I was caught on and set me flying is all over the place, and it serves a very useful purpose for Miami --citizens of Miami. But I noticed that another company called Bird had much wider and thicker tires that provided a little bit more stability; might have gone over the bump that I hit with a little bit more ease -- Vice Chair Russell: Interesting. Mr. Abitbol: -- not sent me flying. So, definitely, the regulations for these companies as to what they can design and put out on our streets is a concern of mine. Vice Chair Russell: Thank you. Mr. City Attorney, could you research prior to this discussion item the helmet laws for children in the State of Florida, please, just so we could have that at hand when we discuss the item? Because even though these companies are not allowing children, we do see people -- adults allowing children to ride in front of them, and I'd like to know what legal recourse we have or our police have when they see this taking place. Mr. Min: Yes, sir. Vice Chair Russell: Thank you. Thank you very much for your concern. Mr. Abitbol: Thank you for your time. Vice Chair Russell: Next. Christine Rupp: Good morning. Vice Chair Russell: Good morning. City of Miami Page 7 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Rupp: Christine Rupp, Dade Heritage Trust, 190 Southeast 12th Terrace, Miami 33131. I'm here to speak on FR. 2, the amendment to Chapter 23 to allow for a claim of economic hardship on a property before it is historically designated. In preparing for the presentation today, Dade Heritage Trust reached out to experts, national experts in historic preservation practices and policies, the National Trust for Historic Preservation, and the National Alliance of Preservation Commissions, for their assistance in addressing the concerns of the City of Miami Commission regarding economic hardship claims, as outlined in Chapter 23. And the City's current Historic Preservation Ordinance, Chapter 23, has been found to be legally sound with regard to economic hardship claims. More importantly, the proposed amendment of allowing the plea of economic hardship prior to or during the designation process would contradict all accepted preservation ordinances and practices nationwide. And I'd like to submit for the record case law regarding historic preservation, economic hardship, for review by the City Attorney. Vice Chair Russell: Thank you. I noticed the Clerk paused your time while you delivered that, so you still have -- Ms. Rupp: Okay, good. Vice Chair Russell: -- a minute remaining. Ms. Rupp: Thanks. Standard practice in historic preservation ordinances require that preservation boards do not consider economic hardship claims before or even during the designation process. Economic impact is only speculative until a property is deemed historic, and the historic property owner makes a specific proposal to amend that property. In order to help educate the City of Miami residents with actual facts, DHT -- Dade Heritage Trust -- would be happy to spend time with you and our legal experts to inform your staff about historic preservation and how it benefits our community. Saving architectural symbols of our communities and country's diverse cultural heritage is very American and very legal, and makes very good economic sense. Look at the positive financial benefits of preservation and redevelopment in the City of Miami. The MiMo (Miami Modern) District, the tourism draw of Calle Ocho in Little Havana, a national treasure, and the increased and steady property values of the several historic districts in the City of Miami. Laws and court rulings have held that historic designation alone does not make an economic hardship; and therefore, the Commission should uphold such legal precedent by voting against this proposed amendment to Chapter 23. Thank you. Vice Chair Russell: Thank you. Next speaker, please. Matthew Rotolante: Yes. Thank you. My name is Mat Rotolante. I live at 2394 Tequesta Lane. I'm here to speak about the Item PH.2, which would be the abandoning -- abandonment of the alley behind our house in our -- on our block. I've been living in the house since 2005. When we originally bought the house, we were told the house had, you know, 7,300 square feet on the lot, and then we found out that it had the alley in the back, so we were -- ended up with a 6,500 square foot lot. And we'd like to, you know, speak in favor of supporting the abandonment of the alley. We feel it would be a great thing for the neighborhood. I don't think there's any reason to have the alley there, you know, and I think it would add, you know, probably $50,000 to the -- everybody's -- you know -- net worth -- you know -- because right now, if you're able to sell the property, you can't sell it with the alley there. So for younger families like myself, we would really benefit by having that happen. I appreciate it. Thank you. Vice Chair Russell: Thank you. Morning. City of Miami Page 8 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Bruce Ehrenhaft: Good morning, Vice Chair Russell and fellow Commissioners. I'm Bruce Ehrenhaft, a board member at Dade Heritage Trust, 190 Southeast 12th Terrace, here regarding Item FR.2, amendment to Chapter 23. Regarding the claim of economic hardship for properties that are not designated, it should be noted an economic hardship claim process already exists in the current City of Miami Historic Preservation Ordinance. In spite of reference in language of the proposed amendment that historic designation causes economic hardship, please note the following facts: Dade Heritage Trust contacted current and previous HP (Historic Preservation) Officers for the City and for Miami -Dade County to understand how many people had pled economic hardship due to historic designation, and we found the following: Present City HP staff know of no current economic hardship appeals. Miami's prior HP Officer, Meghan Schmidt, said to her knowledge, there were no such appeals during her tenure. Meghan McLaughlin, Miami's HP Off cer before Ms. Schmidt, knows of two or three hardship cases, but they were only for special certificates of appropriateness, such as window replacement, so the owners of those historic structures were allowed some latitude regarding window choices. Finally, Miami -Dade County's current Chief HP Officer, Sarah Cote, stated, "The only time this has come up in the five years I've been here was with the designation of the Bay Harbor Continental. Interestingly, both sides claimed economic hardship; those who wanted to sell to the developer, and those who did not. Also, interestingly, when our ordinance was adopted with revised language in November 2016, one important revision added clarity to the economic hardship section. The County Attorney's Office found that procedurally, it was not proper to claim hardship at the time of designation since designation does not cause a hardship or taking. Instead, a hardship case can be claimed if an owner has a certificate of appropriateness that has been denied. Our language now specifically prohibits claiming undue economic hardship at the time of designation, " unquote. In summary, Chapter 23, your City's HP Ordinance, already offers economic hardship remedies to its residents. And the statistics show with over 140 individually designated structures in 11 historic districts that historic designation does not create undue economic hardship for building owners and residents. Thank you. Vice Chair Russell: Thank you. Albert Gomez: Good morning. Albert Gomez, 3566 Vista Court. I'm here to speak on FR.1, FR.2, and DI.6. Before that, I just want to say I'm very proud to be able to celebrate Fred Korematsu Day in Miami, and I just want to thank you guys for doing that. It makes me feel proud to be a citizen of Miami, so I appreciate that. Soon FR.], I like that idea. I think that transfer of density is critical. An opportunity not used is not an opportunity. We should take advantage of a lot of the (UNINTELLIGIBLE) opportunities that we don't take advantage of in the City. That goes to FR.2. Manolo -- Commissioner Reyes, I understand the economic easement - - or the hardship that you're talking to. One thing I would say is that I've had an experience myself with the Miami Bridge. We found archeological sites there when we were doing the Leadership Miami Course. And we wanted to put a basketball court, but when we found the archeological dig there, we couldn't do it. And, yeah, we could have said -- But you know what? That was a value for the kids. We turned it into an education program on archeological sites and things of that nature. There's always an upside that you can do this. I understand on a personal side that easement has to be given, but realistically, there's a lot of choices for the resident to -- basically, they -- I think they need a reference guide. Commissioner Reyes: Chairman? Mr. Gomez: If they use a design guideline or a reference guide, or a toolkit that we could offer them, that could help. And on the DL 6 comment, I think there's a lot of City of Miami Page 9 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 transit organizations here that could help in supporting validating the technologies available, and I also think that -- I've seen police officers let people do things in front of them that were wrong. I think you need a citation guideline; a little more robust, so that they understand how to basically regulate it on the field; and maybe even some officers, maybe train up some of those community officers to certify -- or pass citations when you see them doing something wrong. Commissioner Reyes: Mr. Chair? Mr. Chair? Vice Chair Russell: Yes, of course, Commissioner. Commissioner Reyes: Yeah. I -- once again, I want to clarify this, and maybe this have to be written a little bit more clear. This doesn't mean that when you are declared and you are in the process of being declared historic, the property is being declared historic that you can say, "Okay, this is" -- "causes a hardship, economic hardship." It doesn't -- nothing to do. What -- the way that it should have been written is that anybody that it is being -- I mean, any property that is being declared, the owner should be notified that they have an appeal process available, if they want to, and they could appeal that; and also, if there is economic hardship, because I know of many cases that many persons -- I mean, people, they have not been able to appeal to the Commission about the designation of their property, because it is very costly. And what I want to do is I want to waive -- I mean, provide the means for those persons that they don't have the means to come to -- in front of the Commission, because they cannot hire an attorney, they cannot pay for the fees to come in front of the Commission to be able to come to the Commission. And it doesn't -- has nothing to do with any findings of historic value or designating historic value buildings. It is to give the residents and the people a mechanism for them to request that their property shouldn't be, and to prove their case; that's what I want. I want to protect -- this is only to protect property values that the -- in my opinion and in many people's opinion, have been taken away arbitrarily by the designation of a historic building. That's the only thing that we want to do. But this is not -- will not preclude a site when we find -- I mean, it's a cemetery or that is buildings that are -- like you did, and they was found in the river, that to be declared historic, and properly so, has nothing to do with it. It is the right of the individual to appeal when the property is designated. Now, if the -- if it meets all the criteria and it meets everything and it comes in front of the Commission, and we decide, yes, it meets the criteria, it could be declared historic, fantastic. That's the only thing that we're doing. We're trying to provide the means for everybody to come in front of the Commission and state their case. And those persons -- when it states here, that says hardship, economic hardship, that addresses the persons, because there are many, many people, particularly elders, that they living in homes that been -- they were built in the '50s. And they come and they say, "This is a thematic," that -- no, I mean, nothing about thematic designation, and this is going to be declared historic, that that individual, if that individual does not have the means, doesn't have the money could come in front of us without any fees, without any cost, and appeal the process. Doesn't mean that we are going to do away with historic preservation. What it means is that everybody will have the right to protect their property; that's it. Vice Chair Russell: Thank you, Commissioner. And Commissioners, if we could try to save the discussion for when the item comes, simply just to ask any questions so that -- or give direction -- so that we have the tools when that item comes up; and that way, we'll just keep it moving, keep the meeting -- Commissioner Reyes: Sir, I just answered. He was -- he addressed me by name. Vice Chair Russell: I understand. City of Miami Page 10 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: And, I mean, what I did, I answered, and I tried to explain this. Maybe it is not explicit -- as explicit as I wanted it to be, but what I just said is the -- what -- this is the intention of this ordinance: to provide property owners with the right to appeal. Vice Chair Russell: Understood. And I'm guilty, as well, because I'd love to engage with each resident as we come up. But if we could, just keep it to questions to clarify what their point is, any direction to the Administration; then we'll take up full discussion and debate on the item when it's on the agenda. Mr. Gomez: Thank you very much for letting me speak. Vice Chair Russell: Thank you very much. Luis Infante: Good morning. My name is Luis Infante. Dear Commissioners, on behalf of (UNINTELLIGIBLE) Cubano, a former Cuban political organization, with 37 years in this community, I'm asking you to support the resolution to be present by Commissioner Joe Carollo. It is a project of monument to be erect across the street of La Casa de Preso to honor the memories of those men and women that from early day clashed the Communist regime in Cuba. We consider this a compromise that will leave a legacy of a force of the Cuban people fighting for their freedom. This generation here (UNINTELLIGIBLE) has contribute much to the community, and because of the passage of years, it's already disappearing. Once again, I request your support for the resolution of the Commissioner Joe Carollo. Thank you. Vice Chair Russell: Thank you very much. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Of course. Commissioner Reyes: Madam City Attorney, I want to co-sponsor that item. Victoria Mendez (City Attorney): Thank you. Vice Chair Russell: Noted. Thank you very much. Next speaker, please. Edmond Nader: Good morning, everyone. My name is Edmond Nader. I reside at 2369 Overbrook Street. I'm here to show my support for the PH.2 initiative that a few of my neighbors have brought before you. I've been a resident there since 2005. You just heard from Matt Rotolante, who is one of our neighbors, as well, and I think we all face the same thing. There's an alley behind our residence that has -- everyone has a fence up, everyone is taking advantage of it already, and I think the natural thing to do is just to vacate that alley and give it back to all the residents. Vice Chair Russell: Thank you very much. Mr. Nader: Thank you. Ashley Snow: Hi. I'm Ashley Snow, and I'm representing the local nonprofit, Rebuilding Together Miami -Dade, and I'm here to talk about RE. 13, the resolution allocating funds to preserve affordable home ownership and housing in Miami. So what we do at our organization is we specifically preserve affordable single-family homes. We have seen tremendous results. We've worked with so many awesome homeowners. Most recently, we've been working with Commissioner Ken Russell in the West Grove neighborhood. When we initially started talking with Ken Russell about working in the Grove, we had a list of 68 homeowners that were interested in City of Miami Page 11 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 services, just in the West Grove neighborhood alone. That was literally just from word of mouth. We've never gone door to door in the neighborhood, anything like that, so there -- you can see just right there, that's a significant need; 68 people, 68 households. In the West Grove, we see a lot of multi -generational homes. So when you see these, you know, low-income rental units that go up that sound like a great idea in theory, a lot of them are one -bedrooms. Those are not accommodating multi- generational families. So preserving these affordable single-family structures are just -- they're so important for so many reasons: One, it keeps the family, you know, together; two, it's preserving, you know, the historical context of that neighborhood. It's keeping long-term residents who have been feeding into that neighborhood, the businesses there, the little barbershop on the corner. It's keeping those local businesses alive. There's just so many positive things. It's also more cost-effective than a new build. So anyway, I'm just here to rally behind it; say that I've had great experiences working not only with Commissioner Ken Russell, but County Commissioner Daniella Levine Cava, as well, and other local Commissioners. We'd love to continue working with you guys in the future should this, you know, go into effect, so. Vice Chair Russell: Thank you very much. Mr. Diederich. JB Diederich: Good morning, Commissioner Russell and Commissioners. I just wanted to thank first Commissioner Manolo Reyes for making an effort to at least give us a little break in our appeal process for this historic designation. I also wanted to bring something up to the Dade Heritage Trust, and that is that West Grove is not the MiMo District, where --a place that is rich in finances. We're fairly poor in the West Grove. And wooden houses are not as easy to maintain as the solid concrete buildings. So therefore, keeping them in great shape is something very expensive, as I've experienced already since I've been trying to save my two duplexes. I also wanted to ask Commissioner Russell directly -- he's talked about all kinds of incentives. I know that the MiMo District got a lot of incentives as they were -- before they were designated historic. And for the record, I would just like to know what incentives we are going to be receiving. When will we be receiving? I would like a date, and I want to know exactly what they are worth, because at this point, we are facing a reduction in the size of properties or buildings that we can build on our lots, and we are facing historic designation, which will limit the value of our homes to the house that sits upon them; not to the actual land that sits below them. And that is a very serious thing. Once again, maintaining wooden buildings is expensive, and I don't think that five, 10 years from now, as Coral Gables has experienced, it'll be easy to maintain them when perhaps you have moved on to -- perhaps run for President or the Senate. But at this point, I think that you should take us into consideration. There are provisions to give us hardship out, and those should be considered. And you also told me that if you made this voluntary to some degree that we would get zero opt -ins. But I think that by now, with the work that you guys have done, you have quite a few people who are in favor of doing this, and perhaps you should be able to split between us; you know, those who do not want to be included, and those who do want to be included. The other thing I wanted to offer is my homes, my duplexes, I will never demolish them, but I don't want to be historic. If ever I need to demolish them, I will gift you the house and you can take it away and place it in public land. You can put it wherever you want. I'm offering this to you. Thank you. Vice Chair Russell: Thank you. So you're in favor of FR.2. And to answer your question, if we are successful in passing RE. 13 today, the allocation of the Miami Forever Bond, there's $2 million right there towards single-family home renovation, which is not earmarked for historic, but can help anyone with a single-family home. Thank you. City of Miami Page 12 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Diederich: When will I see some of that money -- Vice Chair Russell: Well, we'll see how -- Mr. Diederich: -- if I'm declared historic? Vice Chair Russell: -- it goes today. Thank you, Mr. Diederich. Mr. Diederich: Thank you, gentlemen. Jorge Lastayo: Good morning. My name is Jorge Lastayo. I'm the owner of 2380 in Tequesta Lane, and I'm in favor of closing the alley in the rear, which basically, nobody -- everybody's using it, and nobody's paying tax on it. And I think it will be an asset for us to pick up those extra 10 feet, which it represents at least 500 square feet for most of us; if not for other people, a little bit more. And the alley is closed all together; it has no use. And it will have use to some developers now coming in for giving them a little bit -- 10 feet in the rear, so it will help them in the rear setback. So I support that. Vice Chair Russell: Thank you very much. Mr. Lastayo: Thank you. Robin Porter: Robin Porter, 122 Northeast 43rd Street. I'm here as a private citizen, and also representing Buena Vista East Historical Neighborhood Association, as the President. Regarding CA.4 and RE. 1, which is the opening of a new railroad crossing at Northeast 42nd Street, our first issue is that Capital Works failed to notice anyone in the vicinity. They referenced a closing up at 71st and 73rd Street on Miami Court, and at the meeting, I was told by another neighbor that attended there was no mention of the 42nd Street closing. We're requesting that both those items be postponed until some sort of public hearing or public meeting can be heard with residents in Buena Vista East, and also Brentwood, which is a block wide, right next to the railroad tracks. We're both going to be impacted by any sort of trajic if that is open, and we request to be included in discussions and design of anything if that goes forward. And on top of that, apparently, the study utilized -- to say this was a good idea -- was put forth by the Design District, which, obviously, has a commercial interest because of the property that they own just next to that and just south of it. Thank you. Vice Chair Russell: Thank you. And if you wouldn't mind meeting with City Administration, they'll make sure that you're looped in. Ms. Porter: Thank you. Vice Chair Russell: Thank you. Samuel Latimore: Good morning. My name is Sam Latimore. I'm the President of the Charles Hadley Neighborhood Association. I live at 937 Northwest 55th Street in Miami. I'm here in support of RE.4, 4211, the Liberty City Community Revitalation [sic] Trust. We are requesting that you approve and adopt a supplemental budget of the Liberty City Community Revitalization Trust in the amount of $929,000, for the fiscal year commencing October 1, 2017 to September 30. When we got the initial appropriation, we were expecting about 400 applicants. Since that time, we have got over 900 people applying for jobs that we were not able to accommodate them with. And so, there are a number of people, young children, you know, teenagers that were not able to get a job this summer, because the funds were not there. So we're asking you to preapprove the supplement so we could reach City of Miami Page 13 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 out to those youngsters who were -- we were not able to hire, and afford them the opportunity to work this summer. Thank you. Vice Chair Russell: Thank you very much. Maria Longo: Good morning. My name is Maria Cristina Longo, and I presently own several properties on the West Grove. And currently, my partners and I have a contract to purchase a duplex lot with a small house that is in the historic designated list. We support the FR.2 initiative. I commend the Planning Department for their vision, their creativity, and the effort put forth to preserve and enhance the character of the Grove, including the West Grove. I'm in favor of the designation of the historic properties as long as the new revised Code provides the necessary incentives or bonuses to incentivize the buildout of affordable housing. For example, in the proposed -- in our -- the law that we have the contract, in the proposed draft right now, the duplex lots for historic properties can only rent the ancillary historic unit if the owner lives on the property or if the property is homestead. This is very difficult to achieve with duplexes, if not impossible, because duplexes, unlike single-family homes, are built by investors as income-producing properties. Investors seldom live at the property. Additionally, the properties are usually owned by companies and not by individuals. Moreover, duplexes always have distinct addresses while single- family homes with ancillary units only have one address. I have already spoken to Jeremy in Planning regarding this, and I also suggest, like the gentleman that spoke before me regarding the incentives, that I've had a little bit of a hard time navigating through the draft to understand what are those incentives. So in other words, I support the initiative as long as the incentives are clear and that it's thoughtfully done. Thank you. Vice Chair Russell: Thank you. Sir. Juan Figueroa: Good morning. My name is Juan Figueroa. I'm a homeowner at 2384 Tequesta Lane. I've been a homeowner for 29 years now. The alleyway behind my property has always been closed, and I promote that you guys go ahead and do it officially, and pass it back to us. Vice Chair Russell: Thank you very much. Mr. Figueroa: Thanks. Tamme Flood: Hi. My name is Tamme Flood. I live at 928 Northwest 9th Court in Spring Garden Historic District. I'm appearing as a resident. I'm speaking on two items. PZ.9, there is an appeal to the HEP (Historic & Environmental Preservation Board) Board for the Spring Garden Civic -- Spring Garden Neighborhood Kayak Launch. Vice Chair Russell: Ma'am, we can only address that after 2 p.m. Ms. Flood: Oh, okay. Vice Chair Russell: I'm sorry. Ms. Flood: The second one, FR. 2. Vice Chair Russell: Thank you. Ms. Flood: I live in a historic district. If it weren't for historic designation, our whole neighborhood would be bulldozed to the ground. And it's like we need to make sure that you protect us. Whatever the best way is, please protect us. Little City of Miami Page 14 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Havana right now does not have historic designation. Every time you pass through that area, there's a new block that's bulldozed. If South Beach had not had Barbara Kapp Pittman chaining herself to bulldozers and demanding that those buildings be restored, they would be gone, and we would have no South Beach. So I really, really -- whatever achieves this directive of preserving our historic heritage in Miami really needs to be done. And thank you for any help you can do with that. Vice Chair Russell: Thank you very much. Vivian Perkins: Good morning. Vice Chair Russell: Good morning. Ms. Perkins: My name's Vivian Perkins. I live at 1150 Northwest 59th Street, Miami, Florida. I'm here on RE. 4, too; 44211, Liberty City Trust. Thank you for putting our children to work, and thank you for this resolution. Please vote for it. It will keep our neighborhood safe, our children safe, and vote with each other to keep all of our communities safe. Thank you. Vice Chair Russell: Thank you. Sir. Michael Castro: Good morning. Michael Castro, 3746 Washington Avenue. I'm here to address the Item FR. 2, and I'm in complete support of that item. I'm one of the homeowners whose property is under this potential historic designation. Most of these homeowners have no substantial knowledge of the process of historic designation; and also, they lack the resources and financial inclination to combat any efforts made. The process -- I think the fact that these homeowners have no substantial knowledge is -- makes it a little clear that they are being taken advantage of. The case law cited earlier has no merit, as this is a relatively new multi property designation. So you can't use old case law for new procedures. These homes are wooden homes that have been neglected for some time. These aren't coral homes in Coral Gables that have been well managed, well taken care of. And any effort waiving --just simply waiving these fees to combat it is -- I consider a malicious act. Vice Chair Russell: Thank you. Zbignieu Jarosz: Good morning. Zeb Jarosz, 2335 Overbrook. Vice Chair Russell: Can't hear you, I'm sorry; if you could put the mike a little closer. Mr. Jarosz: Okay. I'm sorry. Vice Chair Russell: Thank you. Mr. Jarosz: Better now? Vice Chair Russell: Yes. Mr. Jarosz: Okay. 2335 Overbrook. I'm in support of alley closing. There is a dilemma with the rights to the property. I, as the owner -- the last 10 feet, which is technically the alley and technically belongs to the City of Miami is overgrown by holly, which is invasive. I cannot remove it. I cannot get a permit for it. As a matter of fact, I tried to remove it. I got $250 fine. So something has to be decided. Either the City, if it's the rightful owner of the property -- or the right-of-ways [sic] -- maintains the property; or, as the owners, we acquire the rights to the property, maintain it; and, to your benefit, pay taxes for the added property, which is about 10 City of Miami Page 15 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 percent adding -- the property is about hundred feet deep. If you add another 10 feet, that's 10 percent of the value of the properties; nice money coming your way. Thank you. Vice Chair Russell: Thank you very much. Frank Pichel: Good morning, Commissioners, Madam Attorney, Assistant City Manager. Frank Pichel, a member of Code Enforcement Board and Nuisance Abatement Board. I have offices at 757 Northwest 27th Avenue in Miami. I had the unpleasant duty to report a hazardous [sic] that was brought to my attention last week at Commissioner Gort's office, and it has to deal with the marina right behind City Hall. On Saturday, I went out there. Even though I'm not a Code Enforcement Officer, I am a concerned citizen, and I had the ability to walk the piers, and I found it to be in a hazardous condition situation. I observed exposed wires; the fire hoses are missing the nozzles; some of the extinguishers are expired; there's no ladders. If you fall in the water on certain piers, there are no ladders to be able to crawl back up to safety. I walked the wooden piers to get to the boats, and they're wobbling to the point that if you shake it too hard, they're just going to crumble into the water. I'd probably have other boaters that reside back here today, but with a short notice, only one came, but they would be glad to come and speak to you on a later date. Also, I don't know what is going on with the plan to restore the marina, but we have about 100, 120 slips that are not there anymore because of the hurricane. I understand it was a statewide disaster, and I deal in the insurance business, so I know how things can move slowly. However, the only thing that really concerned me is -- well, was the response that we gave our tenants and our residents, because these people are paying about a thousand dollars a month for those piers, the uses of it. And now we have about 120 slips that are gone. That's like a hundred thousand dollars a year -- a month that the City is losing. Vice Chair Russell: Thank you, sir. I don't believe this is an item on the agenda today, if I'm not mistaken. Mr. Pichel: No. Is this public comment though? Vice Chair Russell: It -- but only on items that we're addressing today on the agenda. This is an issue in my district, and I am absolutely happy to address it with you and the Real Estate and Asset Management Department, as well as the marina, and we'll make a plan. Thank you very much. Mr. Pichel: I appreciate it. Thank you. Vice Chair Russell: Thank you very much. Linda Williams: Good morning. Vice Chair Russell: Good morning. Ms. Williams: I'm Linda Williams. My homestead property is at 3523 Charles Avenue, here in Coconut Grove. I'm Vice Chair of the Coconut Grove Village Council, Vice President of Coconut Grove Village West Homeowners and Tenants Association. While I hold positions on various community organizations, I present to you today as a lifelong resident of Coconut Grove Village West, 64 years. I'm here to support the resolution for the $2 million for affordable housing, especially as it addresses the needs for -- towards single-family home rehabilitation in District 2; and hopefully, direct a large portion of those funds to Village West. I'm presently engaged with the City of Miami following a major damage to my home after Hurricane Irma, and this program helped me and my family to rebuild my home, City of Miami Page 16 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 rather than have to sell it and move from Miami. These funds would greatly help longstanding residents like myself upgrade their homes, allowing them to remain here; their home, Village West. Our community is greatly overdeveloped with new construction of increased homes [sic] and/or rental prices that adds to gentrification of Village West community. These funds would greatly assist our seniors who own their homes with improvements that would otherwise cause extreme economic hardship. Thank you. Luis Perez: Morning. My name is Luis Perez, and I actually reside in Model City. And I'm here on behalf of what I believe is a good cause to speak about; RE. 4, the supplement to -- of $929,000 to the Liberty City Trust. My personal experience, I actually was able to get a internship here. I work with Commissioner Keon Hardemon -- Chairman -- and I do know that the majority of my friends did want to get a job, also, and I was one of the very lucky few that was selected here to get an internship. And I do believe that everyone does deserve a shot to get an early chance at working and gaining work experience; understanding what it takes to face the real world. And I also want to talk about a certain experience that I had working here at the office; that I received a call of a Miss from -- I apologize, I don't remember her name, specifically. But she did call and she was very determined to give these children a opportunity to work. But from my understanding, those -- every intern program, everything already started, and it was a very difficult process to get these kids a job. So I just wanted to speak about that so we can have everyone around my age group a chance to work at some point. Vice Chair Russell: Thank you. Mr. Perez: Thank you. Vice Chair Russell: Good morning. Barbara Mills: Good morning. My name is Barbara Mills. I am a resident and business owner in West Grove. I'm here to speak on FR.2 and RE. 13. I am 150 percent supportive of FR.2, with preservations in West Grove. And I feel that this FR first reading) -- the RE. 13 would help the West Grove community; not only the residents itself, but also as business owners, because it would help us to get -- stand on our feet. We're not looking just for you all to just continuously give us fish, but teach us how to fish. We want that. That's something that we need in West Grove. West Grove consists of quite a few -- not just young, middle age, but elderly, the veterans. You have a list that goes across the board that we desperately are asking you all to reach out and help us. Preservation would help us, believe me. Preservation would help us. It's been -- Coral -- someone said about Coral Gables. It's been designated, okay? And it's -- you look at a "before" and a "after, " a few mistakes were along the line, but they are happy. If you can ride Coral Gables on -- even on Grand Avenue, this Rebuilding Together -- A home was rebuilt on Grand -- I think that's Jefferson or Washington -- that house, if you saw what it looked like before and see what it looks like now -- major difference. Even I walk by and smile. I live on Florida Avenue. Rebuilding Together did a house on Plaza and Florida. I smile now when I walk by and see the difference that that house -- and it didn't cost them anything. I have commended Jeremy and that staff for the job that they have done. They have done an excellent job, as far as I'm concerned. I have -- attend all of those meetings and I have voiced my opinion and I have asked questions, and got answers. I even went and bought a shirt -- I also do screen printing embroidery; throw that out there -- that says, "I can explain it to you, but I can't help you to understand it. " I'll wear it one day. However, this RE. 13 and other incentives offered for people who could not afford -- Now I am born and raised in Coconut Grove. My family was one of the originators of the Rolle -- R -O -L -L -E --family. And these wooden houses, they call them shotgun. I have never heard anyone to say, City of Miami Page 17 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 "I'm going to my shotgun house." They say, "I'm going home"; that's a home for them. Now there's no reason why people could not have spent $S for a piece of board to fix up these houses throughout the years -- these investors or homeowners - - that would keep those houses up to par. Right now, there are a few in shambles, but they can be restored, and Restoring Together, I feel would do an excellent job -- Vice Chair Russell: Thank you, Mrs. Mills. Ms. Mills: -- they have done -- as they have. Vice Chair Russell: Thank you. Ms. Mills: Thank you for listening. Vice Chair Russell: Thank you very much. Ms. Tapanes. Melissa Tapanes-Llahues: Good morning. Melissa Tapanes-Llahues; law offices at 200 South Biscayne Boulevard, Miami. First, I'd like to thank the Commission for RE.I5. I've --as many of you know, my late grandfather was apolitical prisoner for over 20 years in Cuba, and I gain a lot of courage through his story, and I think that it inspires me to be an attorney today, representing property owners before this Commission. I'd like to speak in favor of FR.]. Specifically, I've proposed some additional language; just making sure that the ordinance is -- takes account for properties that are already under construction, because this process of this ordinance has been ongoing for a couple of years. I'm also in favor of Commissioner Russell's RE. 13. I think that $2 million from the Miami Forever Bonds goes a long -- is a worthy first step to deal with the issue of preserving West Grove, and providing incentives. With that said, on FR. 2, I'd like to correct the record on something the pro bono counsel for the Dade Heritage Trust mentioned; specifically, Miami -Dade County Code; specifically, Section 16(A)3.14(A) does not prohibit an opt -out. What it does is not allow for municipalities to prohibit preservation of otherwise historic structures based on consent. That's different from what the ordinance is proposing today; as well as that Sub -Section "B" specifically allows municipalities to allow for economic hardship in their provision of their municipal codes. So I just wanted to make that just slight correction to the record. Thank you. Vice Chair Russell: Thank you. Ms. Tapanes-Llahues: Have a great day. Vice Chair Russell: Good morning. Theresa Gaitor: Good morning. My name is Theresa Gaitor. I reside in Coconut Grove, West Grove. I am a resident at 3963 Washington Avenue, in front of the City of Miami Fire College. My house, to me, is known as "The Little House on the Prairie." As you enter off Grand Avenue to come into Coconut Grove -- my home is a shotgun home. My home -- I'm soon to be 60, and I was raised in that home. My home has been refurbished by you all, and I just want to stand here to tell everyone on the board thank you for considering helping me keep my home up to par. I'm very interested in the homes of everyone in Coconut Grove that are shotgun homes, and those that are not, and I am promoting the RA. 13 [sic], and the FR.2. And thank you all, everyone, for the assistance of helping me keep my home -- shotgun home -- together. I'm going home. Vice Chair Russell: Thank you. City of Miami Page 18 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Gaitor: Thank you. Vice Chair Russell: We actually met before the hurricane, didn't we? Ms. Gaitor: Yes. Vice Chair Russell: Yes. I was worried your home was going to blow away, and it didn't. Ms. Gaitor: It didn't. Renita Samuels Dixon: Good morning. My name is Renita Samuels Dixon. I'm the President of the Coconut Grove Miami -Bahamas Culture Preservation Fund. I'm here to speak in support of the RE. 13, affordable housing dollars. But I'm also a little concerned, because we did meet -- your office representatives, you -- on the 22nd of this month. And at that meeting -- it was very clear. I asked for the wood frame homeowners to be at that meeting, as well as those that were heir to those same type of properties. And I asked for the list that was generated at that meeting - - the attendance roster. I'm still waiting for that list. I've requested it many times from your office. Secondly, I also requested a list of all properties -- vacant properties -- in West Coconut Grove that was owned by the City. I've asked for that list over a month ago, and I'm still waiting for it. The reason why I asked for the list was to determine whether or not we could move those wood frame homes to those locations. It was evident from the meeting that the residents that came -- the ethnic mix, they looked like me; their ages were seniors; and the educational level -- we know that some had at least a high school education. But they do not understand the financial aspects of what's going on here. Their concern was, and I quote, "How could I get money to finance repairs and improvements?" We did discuss the TDD and TDR (Transfer Development Rights) component a little, but you had to leave; and therefore, we couldn't get to the root of the problem, which is the value of the land. What I've done is, I've done a little research that I asked for your office to do, which was to provide a list of all of the 18 homeowners and what the current values are for the land and the buildings, separately. I also did research on the homes that are in Coral Gables that are designated as historic. Their property values decreased significantly. For example, one home's market value -- and this is an investor's property -- to $181,000. 181,000. A homeowner in that same district, their market value is $193,000. So if you come back to West Grove, right now, the market values are at least 250,000. So what we're doing is we're trampling on the rights of these homeowners who do not understand the financial impact of being designated historic. I am glad that you have deferred the vote on -- or the discussion on D1.5 so that we can further discuss this. Lastly, I don't think the plan for designation was thought out. There are homes that -- up to 1968 -- should fall under some thematic thrust, because initially, you had individuals who came over, lived in wood frame homes, and then the education progressed; so did the incomes, and so did the type of home. So we have teachers, we have individuals who are doctors; we also have someone that went up into space. So these are all homes that have some thematic process behind them that we did not look at. Vice Chair Russell: Thank you. Ms. Samuels Dixon: And in the process of not looking at that, we have devalued all of West Coconut Grove. Vice Chair Russell: Thank you very much. Ms. Samuels Dixon: So I would like to talk to you about this at a later time. But my primary concern is that the -- property values. And these homeowners do not realize City of Miami Page 19 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 how it impacts them. They're only looking at the money that they can get to rebuild their homes. Thank you. Vice Chair Russell: Thank you. My staff will get the list together for you of the values of the existing homes under potential designation. And the City Administration, if they could have Real Estate/Asset Management do an analysis of any vacant properties that are City -owned in the NCD -2, and please send that to my oj5rice. Thank you. Unidentified Speaker: Yes, sir. Vice Chair Russell: Next speaker, please. Ms. Samuels Dixon: All right. Thank you very much. Vice Chair Russell: Thank you. Ms. Samuels Dixon: Just looking for just compensation. Jacqueline Rose: My name is Jacqueline Rose. I own two properties in Coconut Grove; one, I've owned for 35 years. The one I'm here to talk about, I bought in 2017, on Frow Avenue. I agree with everything she said; and in addition, I want to tell you some thoughts about it. This is America. We have property rights that should not be taken away from us frivolously because of somebody not liking the fact -- That your home is maybe a small home, or a big home, it doesn't matter. If you own a lot, you should have the right to build whatever the law says. When I bought that lot, I was allowed to build 4, 000 square feet. It's not 50 years ago; it's 2017. By telling us that you're now going to take away that 4, 000 square feet and make at 2,500, that is going to reduce our value a lot more than she thought, because I had a contract to sell my lot for 350,000; it's only 50 -by -100; that was because we could build a 4, 000 -square -foot house. If you take 40 percent of the amount of land away from me to be built, I will lose 40 percent, which is more than she thought, because she thought it was 250, it would go down a little bit. It's going to go down 40 percent. You don't ---- I don't believe in America, you have the right to do that to me. How would you feel if you have a home and they told you to take 40 percent of it and cut it off and throw it away, demolish it? That's basically what you're doing to someone like me. And the people in West Grove are going to need all the money they can get when they go to sell. You're going to take 40 percent of their land value away from them. Vice Chair Russell: Thank you very much. Ms. Rose: I have a couple more things. If this is only because you think that the lots in West Grove should be not allowed to build 4, 000 square feet, what about the rest of -- I mean, how can you do that? This is America. My husband fought in World War II, and he fought for America. We have an -- we have rights. If you buy a property and it is zoned for something and a certain size lot is permitted, you should not take the rights away, and I don't think that the law permits you to do that. Vice Chair Russell: Thank you. Ms. Rose: Please consider that seriously, and think about if you were in our shoes. Vice Chair Russell: Thank you. Next speaker, please. Good morning, sir. Williams Armbrister: Praise the Lord Jesus, because He is worthy to be praised. And if you agree, you can say, "amen. " My name is Williams Alfred Armbrister, Sr. City of Miami Page 20 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 I live at 3260 Thomas Avenue, here in Coconut Grove. First, to address this RE. 13, I'll have to reserve a position on that until it's determined what of the $2 million will actually be used to provide for some of the necessary assistance in our community. AndFR.1, FR.2, the historical preservation, it's good if it is determined and it reads in the manner which permits homesteaded properties to be apart of this; to agree to it, if there is going to be some financial assistance available to help them maintain the historical characteris -- character of their property. And every other property that is deemed homestead -- deemed historical, they don't have the option to opt out. They should not have the option to opt out, because we want a -- this is -- we've been used --for the last 50 years, we've been used as a slot machine, this community. And when the City of Miami first tried to take over Coconut Grove in -- 1923, I believe it was -- there weren't enough voters, registered voters in Coconut Grove, and that's because black Americans didn't have the right to vote. We had the right to fight shoulder to shoulder with white America, from the Indian Wars until now, but we are not deserving of the same protection which everyone is provided when they come into our country. We built this country, and we are deserving of the protections that's afforded to every American. And with this NCD -2, there should be no changes to the NCD -2 or the -- it should not be used until there can be education granted into what the NCD (Neighborhood Conservation District) is actually saying. Vice Chair Russell: Thank you. We're not addressing NCD -2. Mr. Armbrister: Oh, okay, okay. But that's apart of the problem right there. So as far as the historical designation, there should be some funding available to assist the homesteaded properties, but not the properties for profit They should be -- maintain their properties, just as I have to maintain mine. IfI hada hole in my wall -- Vice Chair Russell: Thank you. Mr. Armbrister: -- if I had a messed up roof, I'd be fined for not maintaining my property. And if you bought this property to be used as profit, and not to live in, you have no historical knowledge or feeling of what the impact is to remove all of these properties. Vice Chair Russell: Thank you, Mr. Armbrister. Mr. Armbrister: Thank you. Vice Chair Russell: Thank you. Time is up. Thank you. Mr. Armbrister: Thank you. Ben Fernandez: Thank you. Mr. Chairman, members of the board, Ben Fernandez, 200 South Biscayne Boulevard, speaking here today as a resident of the City of Miami on FR.2. I'd like to thank Commissioner Reyes for bringing that ordinance to the Commission. We have sent some proposed additional language and suggestions in relation to this as a first reading item, and we'd like to work with the Commission on it. One of the suggestions is to have it apply to all residentially -zoned properties, single-family properties; not just homesteaded properties. The Florida Statute on private property rights doesn't limit the effect to homesteaded properties, and we believe that that should be the model for this process. In addition, we think that a settlement agreement is something that is important, and should be incorporated into the appeal by a property owner that has an economic hardship claim, and that is a model that is followed by many municipalities in Dade County --particularly Coral Gables --and we think that that's a good model for you to follow. We've suggested some language there. City of Miami Page 21 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Thank you. Mr. Fernandez: Thank you. Vice Chair Russell: You're not retained by anyone on this issue? Mr. Fernandez: No, I'm not. Vice Chair Russell: Thank you very much. Mr. Fernandez: Thank you. Clarice Cooper: Good morning, gentlemen. My name is Clarice Cooper. I reside at 3735 Oak Avenue in Coconut Grove. I'm here to speak specifically to Item RE.2 -- RE.5 -- I'm sorry -- RE. 13, because it keeps changing; RE. 13. Vice Chair Russell: Sorry. Ms. Cooper: That's okay. Vice Chair Russell: Yes. That's the -- Ms. Cooper: I thought it was a discussion item. Okay. Our Commissioner in District 2, Ken Russell, who's also the Vice Chairman of this panel, he's proposing for the $2 million allocation from the Miami Forever Bond for affordable housing in Village West, in Coconut Grove. As President of the Coconut Grove Village West Homeowners and Tenants Association, myself and our entire executive board concurs with any measure that's was going to -- would promote sustaining, maintaining, construction and rehabilitation of houses in the -- any housing residences in Village West. Thankyou. Vice Chair Russell: Thank you very much. Ms. Cooper: Thank you. Vice Chair Russell: Any further comment? Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I just have questions for FR.], and actually, SR. 13 [sic]. But this designation about historic designation for houses are just to help developers to get higher buildings in our community, or it's actually to help the owners of the property? That's something that we are kind of concerned; to see if it's -- the purpose of the historic designation is just for those use, and not just to actually help the residents, who actually are the ones to need the help. In reference of the Resolution 15, I'm in full support; and hopefully, we'll be able to keep helping all of those who have fight for democracy, and not just in United States, but outside United States, that we have so many -- not just Cubans -- Venezuelans, Nicaraguans -- who have and are in need of our help. And just a brief comment to Francis is -- our Mayor is not here, but I just would like to know if now he has become the voice of the Democrat Party, going to Texas, expressing so many concerns about children [sic]. If we have so many children [sic] in this community -- black, white, Hispanic -- that need our help, I would like to hear his voice and understand how come our Mayor is not in the City of Miami helping the homeless kid, helping the need -- children that are in need, but he goes and fly all the way to Texas to have a media frenzy all over the place. Vice Chair Russell: Thank you. City of Miami Page 22 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Betancourt: Thank you. Odalys Castro: Odalys Castro, 2871 Northwest 6th Street. I'm here to support the amendment of Manolo Reyes, FR.2. And I'm here to bring out my point in how this is affecting me, the historical preservation. I'm going through severe financial difficulties due to this mandated historic preservation. I'm not able to sell. I have no 401(k), no savings, because I invest it all in that house, okay? And lost my job three months ago. I worked for the Village South at Biscayne Boulevard for 10 years. I have no job right now, okay? All of this is causing me a lot of stress -- stress and anxiety. I have serious health issues, and I can't control my stress due to this situation; therefore, an increase in my medical bills. And I have no insurance, because I have no job, okay? Everything is coming out of pocket. And this thing is affecting me real seriously. Vice Chair Russell: You have historic designation on your home? Ms. Castro: Yes. Vice Chair Russell: Thank you. Ms. Castro: Yeah, yeah. This house was supposed to help me with my financial retirement. It's not much, you know, the retirement right now. Mandated historic they mandated because of -- they mandated historic preservation. That's not one -- it's forcing me out of -- what else I want? My financial situation have taken me to more medical bills, and I don't know what to do, because I can't do nothing with my house due to this situation. Vice Chair Russell: Thank you very much, ma'am. Ms. Castro: Thank you. Commissioner Reyes: Question. Commissioner Gort: Mr. Chairman? Commissioner Reyes: Did you ask to be historic? The house was declared historic just out of the blue sky, or what? Ms. Castro: What? Commissioner Reyes: How did your home was declared historic? Ms. Castro: I find out like by the letters. Letters. That's it. Commissioner Reyes: Did -- you didn't have any recourse to appeal? Ms. Castro: No. Vice Chair Russell: Thank you very much. Commissioner Gort: Mr. Chairman? Vice Chair Russell: If there's no -- Yes, Commissioner Gort. Commissioner Gort: I'd like to -- for you to recognize the Senator, Daphne Campbell. City of Miami Page 23 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Yes. We do have State Senator Daphne Campbell here with us today, who has asked to address the public right after public comment. If you'd like to speak now, if you're in a hurry, we definitely have time for you. So, please, we're at your discretion. State Senator Daphne Campbell: That's fine. Vice Chair Russell: Thank you. Anthony Dawkins: Good morning. Senator, I'll be happy to yield to you, and you can take the floor, and I'll go after you. Senator Campbell: Go ahead, go ahead. Mr. Dawkins: Good morning. Pastor Dawkins, Project Hope Outreach Ministries. I am a resident of Coconut Grove. I'm here to support the item with Commissioner Russell in reference to preserving historical -- in the West Grove. But I don't just want to speak about just reserving [sic] that. I think you need to understand that you need to reserve [sic] a community of people. I watched my mother in the Liberty City projects. All the projects that have went up, I've watched the elderly people. I watched how folks were displaced. I watched how communities were destroyed, and monies have been misused for efforts that don't make sense. So I'm not just talking about the fact that these homes are important to the community. I'm talking about the community is important to these homes. I'm talking about the families. I'm talking about people who need to be -- stay there. So I support the item to reserve [sic] those homes. The monies that you needed -- I don't think it's enough money to really talk about money. I think you're asking for very little. I think this amount that you're asking for should be granted immediately, Commissioners. This is not an issue of people asking for money to do something unreasonable with. Commissioner Russell, I've seen your work. I've seen you continue to hustle and be a part of the community, and relate to the people. But I think what's more important now is that you need to reserve [sic] families and community. When you look from Douglas; when you look from 32nd Avenue, on the other side of the West Grove, the east side, it looks very, very, very pleasant. And when you go down to the west side -- it's just not fair. It's just not -- it looks unpresentable. Its -- and you're doing everything that you can, and we need to support you; we will be behind you. But I can tell you this: Continue to ask, continue to get more, and continue to stand your ground. We will work with you, we will support you -- Vice Chair Russell: Thank you. Mr. Dawkins: -- to reserve [sic] communities; not just the houses, but the entire community. Vice Chair Russell: Thank you very much. Is there any further public comment? MLYM M Eykel ZUILYl NkC07�'1 NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Vice Chair Russell: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. City of Miami Page 24 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 ORDER OF THE DAY Vice Chair Russell: All right. END OF MAYORAL VETOES Vice Chair Russell: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Vice 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 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 Ojfice or online at municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at municode.com. The material for each item on the agenda today is available during business hours or at the City Clerk's Office and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Ojjice and at the podium for 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 miamigov.com. No cell phones or other noise - making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the 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 generally been briefed by City staff and the City Attorney on the items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Vice Chair Russell: Mr. City Manager. City of Miami Page 25 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Nzerie Ihekwaba (Chief of Operations/Assistant City Manager): Good morning, Mr. Chair, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. Clerk. At this time, the Administration would like to defer or withdraw the following items: To be indefinitely deferred, SR. 1; to be deferred to the second meeting in July, July 26, SR. 7. Commissioner Gort: SR. 7? Vice Chair Russell: SR. 7. Mr. Ihekwaba: Yes, 7. Vice Chair Russell: That's the Firefighter Relief and Pension Fund. Mr. Ihekwaba: That's the only things we have. Commissioner Gort: Okay. Vice Chair Russell: That's it? Mr. Ihekwaba: Yes. Vice Chair Russell: Do any of the Commissioners have any items that they wish to defer or continue? Commissioner Gort: I would like to discuss CA. S. Vice Chair Russell: You'd like to discuss --? Commissioner Gort: CA.S. Vice Chair Russell: CA.S. So you'd like thatpulled -- Commissioner Gort: Consent agenda. Vice Chair Russell: --from the consent agenda for discussion? Commissioner Gort: Yes. Vice Chair Russell: Understood. Commissioner Reyes, anything to continue, defer, or pull from the consent agenda? Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: I would like to have CA.S, which is parklets. I'm looking to actually defer that item to July 26. This is a very well-intentioned item, but it's looking -- it's not fully baked yet. Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Russell: But obviously, rather than defer, what we can do is take it for discussion -- Commissioner Gort: Perfect. Vice Chair Russell: -- and then -- City of Miami Page 26 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: No, we can just make the motion to -- Vice Chair Russell: Move it to the 26th? Commissioner Gort: -- move it to July 26. Vice Chair Russell: Okay, yeah, because it's looking really good. A lot of activists who are interested in this project had recommendations that they'd like to see help make it more successful; and so, we figured a month of them working with my office, anyone else who's interested, as well as the Administration, can get it right. So that's -- we'll be looking to defer item CA.5 to July 26. That's the second meeting in July. DI.S. This is a discussion item; an update on the thematic preservation concept. It is a discussion item for today. I would like to defer that item to July 12, and the reason being, basically, the City, as the applicant on this item, needs to be informed before it goes to the HEP (Historic & Environmental Preservation Board) Board. Originally, it's on the July 3 agenda of the HEP Board, but I have spoken with the chairman. That agenda is very packed. This is a very big item. They're going to be looking to make a special meeting just for this issue on July 16. So I'd like us to take this up at July 12. There's a lot of people who wanted to speak that weren't able to come today, as well, so we will not be taking discussion item or public comment on DI.S today. Is there anything else to add? All right. So is there a motion to -- Commissioner Gort: Move it. Vice Chair Russell: -- accept the Order of the Day? It's been moved; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City of Miami Page 27 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 141eQ9101►69A►kreCe7A►197_1 The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon CA.1 RESOLUTION 4192 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE Management ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA FOR THE CITY'S USE OF APPROXIMATELY 7,734 SQUARE FEET OF OFFICE SPACE AT THE LINDSEY HOPKINS TECHNICAL COLLEGE LOCATED AT 750 NORTHWEST 20TH STREET, MIAMI, FLORIDA ("PREMISES"), AT AN ANNUAL RENT OF ONE DOLLAR ($1.00) PLUS A DAILY RATE OF ONE -THOUSAND EIGHT HUNDRED EIGHT DOLLARS AND NINETY-SEVEN CENTS ($1.808.97) FOR THIRTEEN (13) DAYS TOTALING APPROXIMATELY TWENTY THREE THOUSAND FIVE HUNDRED SIXTEEN DOLLARS AND SIXTY ONE CENTS ($23,516.61) FOR UTILITIES, CUSTODIAL AND JANITORIAL STAFF, AND SERVICES AND SECURITY STAFF FOR THE OPERATION OF THE PREMISES DURING THE ADDITIONAL DAYS WHEN SCHOOL WOULD OTHERWISE BE CLOSED. ENACTMENT NUMBER: R-18-0257 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 28 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 CA.2 RESOLUTION 4193 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of Grants AUTHORIZING AN INCREASE IN THE CONTRACT CAPACITY Administration BEYOND THE CITY MANAGER APPROVED FIFTY THOUSAND Public Works DOLLARS ($50,000.00) FOR THE PROVISION OF MEAL SERVICES FOR THE FAMILIES FIRST PARENTING PROGRAM, AS MANDATED BY THE CHILDREN'S TRUST FAMILIES FIRST PROGRAM, PURSUANT TO INVITATION FOR BID ("IFB") 534382, BETWEEN THE CITY OF MIAMI AND THE ILS GROUP, LLC D/B/A CLASSIC CATERERS ("CLASSIC CATERERS"), AUTHORIZED PURSUANT TO THE CITY MANAGER'S APPROVAL ON DECEMBER 15, 2015, ALLOCATING FUNDS FROM THE CHILDREN'S TRUST GRANT, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0258 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " CA.3 RESOLUTION 4197 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Resilience and EXECUTE A PERPETUAL AERIAL EASEMENT AGREEMENT, IN Public Works SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY ("FEC"), FOR THE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND USE OF AN ELEVATED PEDESTRIAN BRIDGE FOR NORTHWEST 17 STREET, MIAMI, FLORIDA, ABOVE A PORTION OF THE EXISTING RAILWAY CORRIDOR OWNED BY FEC. ENACTMENT NUMBER: R-18-0259 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 3, please see "End of Consent Agenda. " Citv ofMiami Page 29 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 CAA RESOLUTION 4198 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ELIMINATE Department of APPROXIMATELY TWO HUNDRED (200) FEET OF RAILROAD Resilience and CROSSING AT THE NORTHEAST MIAMI COURT RAILROAD Public Works CROSSING, LOCATED BETWEEN NORTHEAST 71 STREET AND NORTHEAST 73 STREET, AND THE NORTHEAST 36 STREET RAILROAD CROSSING, LOCATED ALONG NORTHEAST 2 AVENUE, PURSUANT TO FLORIDA EAST COAST RAILROAD ("FECR") REQUIREMENTS FOR IMPROVEMENTS, INCLUDING A NEW RAILROAD CROSSING AT NORTHEAST 42 STREET, CONNECTING NORTHEAST 2 AVENUE TO EAST DIXIE HIGHWAY. ENACTMENT NUMBER: R-18-0260 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "Public Comment Period for Regular Item (s) " and "End of Consent Agenda. " City ofMiami Page 30 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 CA.5 RESOLUTION - Item Pulled from Consent 4200 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING AND ESTABLISHING A ONE (1) Resilience and YEAR PILOT PROGRAM FOR PARKLETS ("PILOT") TO BE Public Works ADMINISTERED BY THE CITY OF MIAMI ("CITY") DEPARTMENT AYES: OF RESILIENCE AND PUBLIC WORKS ("DEPARTMENT"); ABSENT: ESTABLISHING CRITERIA FOR PERMITTED LOCATIONS, GENERAL PHYSICAL REQUIREMENTS, FABRICATION, AND CONSTRUCTION AND INSTALLATION STANDARDS; PROVIDING FOR AN APPLICATION FEE; ESTABLISHING A PROCESS FOR THE EVALUATION AND REVIEW OF APPLICATIONS; REQUIRING EXECUTION OF A PARKLET PERMIT AS A CONDITION PRECEDENT TO CONSTRUCTION, INSTALLATION, AND OPERATION OF A PARKLET; DELEGATING AUTHORITY FOR EXECUTION OF PARKLET PERMITS TO THE CITY MANAGER OR DESIGNEE; ESTABLISHING A MAXIMUM NUMBER OF FIVE (5) PARKLETS UNDER THE PILOT, SUBJECT TO THE AUTHORITY OF THE CITY MANAGER OR DESIGNEE FOR AUTHORIZATION OF AN ADDITIONAL FIVE (5) PARKLETS, UPON GOOD CAUSE SHOWN BY THE DEPARTMENT; ESTABLISHING SUCH OTHER TERMS AND CONDITIONS PURSUANT TO THE PARKLET REVOCABLE LICENSE AS DEEMED NECESSARY; PROVIDING FOR AN EFFECTIVE DATE. Note for the Record. Item CA. S was continued to the July 26, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item CA. S, please see "Order of the Day. " CA.6 RESOLUTION 4342 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE CITY CLERK TO REPUBLISH THE CODE OF Clerk THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), IN ITS ENTIRETY; FURTHER AUTHORIZING THE CITY CLERK TO WORK WITH THE MUNICIPAL CODE CORPORATION TO REPUBLISH THE CITY CODE IN ITS ENTIRETY. ENACTMENT NUMBER: R-18-0261 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.6, please see "End of Consent Agenda. " Citv ofMiarni Page 31 Printed on 0812812018 MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo "Willy" Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Reyes ABSENT: Hardemon, Carollo Note for the Record. Item CA. S was continued to the July 26, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item CA. S, please see "Order of the Day. " CA.6 RESOLUTION 4342 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE CITY CLERK TO REPUBLISH THE CODE OF Clerk THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), IN ITS ENTIRETY; FURTHER AUTHORIZING THE CITY CLERK TO WORK WITH THE MUNICIPAL CODE CORPORATION TO REPUBLISH THE CITY CODE IN ITS ENTIRETY. ENACTMENT NUMBER: R-18-0261 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.6, please see "End of Consent Agenda. " Citv ofMiarni Page 31 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 CA.7 RESOLUTION 3972 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TERRE LARSEN THE TOTAL SUM OF $52,000.00, WITHOUT ADMISSION Attorney OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF TERRE LARSEN V. CITY OF MIAMI, ET AL., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 15-027535 CA 01 (11), UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANT WITH PREJUDICE; ALLOCATING SETTLEMENT FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-18-0262 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 7, please see "End of Consent Agenda. " ;101 oZe] &@I*P►&9 ; I ki1111 rile] N1►117e1 Vice Chair Russell: We'll move our attention to the consent agenda, please. Actually, let's -- Commissioner Gort: Move. Vice Chair Russell: -- yes. Let's see. We've -- we have deferred Item CA. 5, so we are taking up CAs (consent agendas) 1, 2, 3, 4, 6, and 7. It's been moved by Commissioner Gort. Is there a second? Later... Vice Chair Russell: We're on the CA (consent agenda) agenda. There's been a motion; second by the Chair; CA. 1, 2, 3, 4, 6, and 7. Is there any further discussion? Commissioner Carollo: If you'd give me a second just to go through it again, please. Vice Chair Russell: It's all of the CA agenda -- Commissioner Carollo: Right. Vice Chair Russell: -- except for 5. Commissioner Carollo: 5 was deferred or withdrawn? Vice Chair Russell: It is deferred until July 26. Commissioner Carollo: Okay. There's a motion? Vice Chair Russell: Yes; and a second. City of Miami Page 32 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: And a second. Commissioner Carollo: Okay. All right. Hold on, hold on, hold on. Yeah. Vice Chair Russell: Thank you. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. That's CAs.I, 2, 3, 4, 6, and 7. City ofMiami Page 33 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 00:0144[44:I;r_1N1►[*9 PHA RESOLUTION 4168 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Estate and Asset VOTE, PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF Management THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED ("DEED"), IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING TWO (2) CORNER PORTIONS OF THE EXISTING SIDEWALK LOCATED WITHIN CITY -OWNED PROPERTY KNOWN AS LUMMUS PARK, ALONG THE CORRIDOR OF STATE ROAD 925 A/K/A NORTHWEST 3RD COURT AND FURTHER IDENTIFIED AS A PORTION OF FOLIO NUMBER 01-0109-030-2010 ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE DEED, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, AN AGENCY AND INSTRUMENTALITY OF THE STATE OF FLORIDA, CONTAINING A REVERTER PROVISION AND WITH TERMS MORE PARTICULARLY DESCRIBED IN SAID DEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0263 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Okay. Public hearing is closed as I understand? Vice Chair Russell: Yes. Commissioner Gort: Yes. Chair Hardemon: Let's move through some business. The Chair would like to entertain a motion to approve the public hearing -- it's only a few, right? 1, 2 -- one second. Vice Chair Russell: PH 3 was already moved and approved. Chair Hardemon: Right. Vice Chair Russell: So we have I and 2. I'll make the motion. Chair Hardemon: Okay. The Vice Chairman moved to approve the PH (public hearing) agenda; PH.1 and PH 2. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion is approved. City ofMiami Page 34 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: That's good Chair Hardemon: Yeah. PH.2 RESOLUTION 4199 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Department of TO SECTION 55-16 OF THE CODE OF THE CITY OF MIAMI, Resilience and FLORIDA, AS AMENDED ("CITY CODE"), CLOSING, VACATING, Public Works AND ABANDONING A PRIVATE ALLEY LOCATED BETWEEN SOUTHWEST 27 LANE AND SOUTHWEST 28 STREET AND FROM SOUTHWEST 23 AVENUE TO SOUTHWEST 24 AVENUE, DEDICATED BY THE PLAT OF SILVER BLUFF ESTATES, SECTION C, AS RECORDED IN MIAMI-DADE COUNTY PLAT BOOK 10, PAGE 65, FOR THE PERPETUAL USE AND ENJOYMENT OF THE OWNER(S) OF THE RESPECTIVE LOTS ADJACENT THERETO, SUBJECT TO THE USE OF SAID ALLEY BY THE CITY OF MIAMI (`CITY") OR A PUBLIC SERVICE CORPORATION FOR UTILITY INSTALLATIONS, OPERATION, MAINTENANCE, AND REPAIR; RESERVING ALL RIGHTS AS A UTILITY EASEMENT. ENACTMENT NUMBER: R-18-0264 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item PH.2, please see Item PH.] and "Public Comment Period for Regular Item (s). " City of Miami Page 35 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 PH.3 RESOLUTION 4289 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 ABSENT: DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," PURSUANT TO SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; RESCINDING RESOLUTION NO. R-17-0275 ADOPTED JUNE 8, 2017, WHICH PREVIOUSLY AUTHORIZED A SALE OF THE PROPERTIES FORMERLY KNOWN AS THE CIVIC CENTER AND WAGNER SQUARE LOCATED AT APPROXIMATELY 1455 NORTHWEST 17 STREET WITH THE FOLIOS 01-3135-087-0010 AND 01-3135-087- 0012, MIAMI, FLORIDA, CONTAINING AN APPROXIMATE TOTAL LOT AREA OF 42,309 SQUARE FEET, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTIES"); AUTHORIZING THE CITY MANAGER TO INSTEAD NEGOTIATE AND EXECUTE A GRANT OF PRIVATE PERMANENT EASEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES DEPARTMENT OF VETERAN AFFAIRS ("VA") TO GRANT A PRIVATE PERMANENT EASEMENT TO THE VA, WITH RESTRICTIONS AND REVERSIONS, FOR THE PROPERTIES WITH PAYMENT BY THE VA TO THE CITY OF A TOTAL USE FEE PAYMENT OF THREE MILLION SIX HUNDRED THOUSAND DOLLARS ($3,600,000.00) ("USE FEE PAYMENT") FOR USE BY THE VA OF THE PROPERTIES EXCLUSIVELY FOR VA GOVERNMENTAL PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, EXTENSIONS, MODIFICATIONS, RENEWALS, AND AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCOMPLISH AND TO EVIDENCE THE FOREGOING, AS MAY BE REQUIRED FOR IMPLEMENTATION OF THIS RESOLUTION AND AT NO COSTS TO THE CITY. ENACTMENT NUMBER: R-18-0256 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: I believe we have a time -certain item at 10 a.m. for PH 3. I apologize for our tardiness. Who's presenting PH 3? Commissioner Gort: PH3. Loyman Marin: Hi. Good morning, Mr. Chairman -- City of Miami Page 36 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Yes. You're recognized. Mr. Marin: -- City officials and people from the community. My name is Loyman Marin. I am the Chief Operating Officer at the Miami VA (Veterans Administration) Healthcare System, and I'm here to represent the veterans, the 57, 000 veterans that we serve from the community. And the item that we have today to discuss is the purchase of the land that we need for parking for the veterans. So to give you a history of where we stand, we serve about 57,000 veterans in the community. We do about 800,000 visits a year. Our parking gap that we have in the hospital is about 400 parking spots that are needed for our veterans. The number one complaint that we receive for veterans is not about the healthcare that we provide; it's not about the access that we have; it's about parking. They don't come to our hospital, because we don't have the adequate parking space. If you approve this item on the agenda today, you will help us to reduce the 400 parking gap by about 112 parking spots, and I think that's something that the veterans deserve. We need to take care of them. When they joined the military -- So if you have any questions, I'm here to answer any questions or -- Commissioner Gort: Thank you. This is something that I moved a long time ago; that it was passed and approved by the City of Miami. It's the sales of the lot where they can create an additional parking lot. At the same time, the reason it had to come back is they had to make some changes in the contract that are required by the Federal Government. That's what's here today. Would you like to read it? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Actually, Commissioners, I just want to make sure that it's clear that this does satisfy the original intent for the item that was passed last year -- Commissioner Gort: Right. Mr. Casamayor: -- giving the land for $3.6 million for the use, and as a result of the Federal Government's rules and regulations, we had to amend it to do it this way. So give me a moment to get to the item. I'll be more than happy to read it. Victoria Mendez (City Attorney): We don't have to read the item. It's the Veterans Affairs -- Commissioner Gort: Move it. Ms. Mendez: --item -- Vice Chair Russell: Thankyou. There's been a motion to approve PH3. Commissioner Reyes: Second. Vice Chair Russell: Is there a second? It has been seconded. Any further discussion on the dais? Todd B. Hannon (City Clerk): And Chair, there is an exhibit that needs to be amended, so it'll be adopted with modifications. Vice Chair Russell: Is that with amendment? What are the --? Ms. Mendez: Thank you. Commissioner Gort: With the amendments. City of Miami Page 37 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: The amendments are clarified? Commissioner Gort: Yes. Vice Chair Russell: Okay. There's been a motion and a second. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes; PH. 3. Commissioner Gort: Thank you. Vice Chair Russell: Thank you very much. So we were running a little late there. Later... Commissioner Carollo: Mr. Chair, I ask you if you could indulge me in asking one question on Page 3 that we just passed. Vice Chair Russell: PH.3. Yes, Commissioner. Commissioner Carollo: Mr. Assistant City Manager, in PH.3, the 3.6 million that we're supposed to be getting, a one-time deal, did you have this planned into this fiscal year's budget? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): It was not planned for this fiscal year's budget, but it was intended for last year's fiscal year budget, because the item was approved and passed by Commission in '17. Commissioner Carollo: Right. But you're not going to get it in this fiscal year's budget that's passing, so it'll be coming into the next. Are you going to take it off from the books of this fiscal year so you could not put it into the next? Because, obviously, you have a hole this year. Mr. Casamayor: We'll properly recognize the revenue when it comes in, and it -- we are taking into account all of our projections. And I know Chris will give you an update later on today regarding our budget projections. Commissioner Carollo: That's important -- Mr. Casamayor: Absolutely. Commissioner Carollo: -- because every million is going to count this time around. Mr. Casamayor: Yes, sir. Commissioner Gort: Commissioner, my understanding was there was the -- Commissioner Carollo: Okay, thank you. Commissioner Gort: -- I believe $1.2 million was committed to a housing facility that exists on the Barcelona Condominium, which is a condominium that people own it, and it's the one that had the problem with the China drywalls and all kinds of stuff, so we had to dedicate "A" amount for that. Commissioner Carollo: Okay. And once it comes. City of Miami Page 38 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: Yes. Commissioner Carollo: Okay. Commissioner Gort: When it comes. Commissioner Carollo: So that's 1.2 so -- Commissioner Gort: They're waiting for it. Commissioner Carollo: --1.4. So you still got 2.2 left. Commissioner Gort: But my problem -- my understanding is this is CDBG (Community Development Block Grant) funds, so it has to go into the CDBG, which can be used -- Commissioner Carollo: Yeah, yeah. Commissioner Gort: --for housing and so on. Commissioner Carollo: Right. I just -- we could offset some other things with it. Commissioner Gort: Yeah. Commissioner Carollo: That's why I'm asking. Thank you. Vice Chair Russell: Thank you, gentlemen. END OF PUBLIC HEARINGS City of Miami Page 39 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 M:�9Elsie] ►1I7NmrilIII ►[eye]NCIki/_1►[@]*I SRA ORDINANCE Second Reading 2099 TO BE INDEFINITELY DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2/SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/GENERALLY/'SUNSET' REVIEW OF BOARDS", TO PROVIDE FOR SUNSET REVIEW OF THE ART IN PUBLIC PLACES BOARD; AND AMENDING CHAPTER 62/ARTICLE XVI OF THE CITY CODE, ENTITLED "PLANNING AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Reyes ABSENT: Hardemon, Carollo Note for the Record. For minutes referencing Item SR.], please see "Order of the Day. " SR.2 ORDINANCE Second Reading 3674 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13769 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Madam City Attorney, read into the record SR. 2. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 40 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Hardemon: Yeah, you're recognized. Mr. Hannon: Chair, I'm sorry. I would like to request a friendly amendment to Section 2-33, Sub -Section "E, "for it to read: "All resolutions and ordinances, except land use changes, zoning changes, board appointments, and the acknowledgement of election results shall be reviewed by the Office of Management & Budget for any fiscal impact prior to placement on any agenda. " Chair Hardemon: Read it again, please. Mr. Hannon: So I would like for the amendment to read: "All resolutions and ordinance, except land use changes, zoning changes, board appointments, and the acknowledgement of election results shall be reviewed by the Office of Management & Budget for any fiscal impact prior to placement on any agenda. " Chair Hardemon: Okay. Victoria Mendez (City Attorney): Mr. Clerk, to be clear, what is it that you're adding; just the election results, correct? Mr. Hannon: Board appointments and the acknowledgement of election results. Ms. Mendez: Okay; just so that they knew what was a change. Thank you. Commissioner Gort: Accepted. Chair Hardemon: Mover and seconder accept. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. City of Miami Page 41 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 SR.3 ORDINANCE Second Reading 3701 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/OFFICERS," BY RENUMBERING AND UPDATING LANGUAGE CONCERNING THE CITY MANAGER, CITY ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; ESTABLISHING A NEW SECTION 2-65 OF THE CITY CODE, ENTITLED "PUBLIC RECORDS"; DELETING IN ITS ENTIRETY CHAPTER 2/ARTICLE III/SECTION 2-89 OF THE CITY CODE, ENTITLED "ADMINISTRATION/OFFICERS/SEVERANCE PAY FOR EXECUTIVE EMPLOYEES"; DELETING IN ITS ENTIRETY SECTION 2-143 OF THE CITY CODE, ENTITLED "CITY ARCHIVES AND RECORDS MANAGEMENT PROGRAM"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13770 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: SR. 3. Read it into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Any discussion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. City of Miami Page 42 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 SRA ORDINANCE Second Reading 3424 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS;" CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13771 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo ABSENT: Russell, Reyes Victoria Mendez (City Attorney): Yes, Chairman. An ordinance of the Miami -- Chair Hardemon: Wait, wait, wait. Ms. Mendez: SR.2? Chair Hardemon: No. Read SR.4 into the record. Ms. Mendez: SR. 4? Chair Hardemon: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion? Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes on SR. 4. City of Miami Page 43 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 SR.5 ORDINANCE Second Reading 4115 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: CHAPTER 18, ARTICLE III, SECTION 18-115 OF THE CODE OF Commissioners THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED and Mayor "FINANCE/CITY OF MIAMI PROCUREMENT ABSENT: ORDINANCE/ACCEPTANCE OF DONATIONS," TO STRIKE THE PHRASE "GOODS AND SERVICES" FROM THE LANGUAGE OF THE SECTION AND TO INCREASE THE AMOUNT OF DONATIONS THAT MAY BE ACCEPTED BY THE CITY MANAGER TO FIFTY THOUSAND DOLLARS ($50,000.00); CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13772 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Gort, Carollo ABSENT: Russell, Reyes Chair Hardemon: SR.5. Would you please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Hardemon: Properly moved and seconded Any further discussion? Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 44 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 SR.6 ORDINANCE Second Reading 4143 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, ENTITLED FINANCE/CITY OF MIAMI and Mayor PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT ORDINANCE MATCHING FUND GRANTS TO THE CITY AND RELATED ADVERTISING, PROVIDING FOR CERTAIN CONTRACTUAL AND LEGAL LIMITATIONS FOR THIS EXEMPTION AS ARE PROVIDED HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13773 MOTION TO RESULT: MOVER: SECONDER AYES: ABSENT: Adopt ADOPTED Joe Carollo, Commissioner Keon Hardemon, Chair Hardemon, Russell, Gort, Carollo Reyes Chair Hardemon: SR. 6. Please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: All in favor -- well, is there a motion to approve? Commissioner Carollo: So moved. Chair Hardemon: Seconded by the Chair. All in favor of the motion, say "aye. If The Commission (Collectively): Aye. Chair Hardemon: SR. 6 has been approved. City of Miami Page 45 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 SR.7 ORDINANCE Second Reading 3910 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Miami Firefighters' ATTACHMENT(S), AMENDING THE MIAMI FIRE FIGHTERS' Relief and Pension RELIEF AND PENSION FUND ESTABLISHED PURSUANT TO Fund ORDINANCE NO. 6432 ADOPTED SEPTEMBER 2, 1959, AS ABSENT: SUBSEQUENTLY AMENDED, TO ENSURE COMPLIANCE WITH Note for the Record. Item SR.7 was continued to the July 26, 2018, Planning and APPLICABLE CHANGES REQUIRED BY THE UNITED STATES Meeting. INTERNAL REVENUE CODE, AS AMENDED, AS PROVIDED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Reyes ABSENT: Hardemon, Carollo Note for the Record. Item SR.7 was continued to the July 26, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item SR. 7, please see "Order of the Day. " END OF SECOND READING ORDINANCES City ofMiami Page 46 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 FRA ORDINANCE First Reading 3374 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED, ENTITLED "HISTORIC PRESERVATION," TO and Mayor ALLOW FOR THE TRANSFER OF DEVELOPMENT DENSITY FROM HISTORIC RESOURCE SENDING SITES TO CERTAIN RECEIVING SITES LOCATED WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS; 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: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item FR.], please see "Public Comment Period for Regular Item(s). " Chair Hardemon: Madam City Attorney, can you read into the record FR.1 ? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Commissioner Gort: Second. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: Yes. Vice Chair Russell: For discussion. Commissioner Reyes: You see, I have some amendments. I know this have been moved, and now it's up for discussion now. I have a friendly amendment that I don't know if you had received it. You have my friendly amendments? Yeah. You said, "I received it." Well -- Commissioner Gort: Yeah, I received it. Commissioner Reyes: Let me enumerate them. Okay, I'm going to enumerate them. Commissioner Carollo: What friendly amendments? I haven't even received not friendly amendments. Commissioner Reyes: You haven't received anything friendly lately, man. Okay. All right. You see, that I'm -- I want to amend this, that the receiving sites can only be TS and higher when they are inside the neighborhood. You see, this is -- I'm trying to protect single-family homes within that radius, you see; trying to protect single- family homes, because if you throw a radius of three quarter of a mile around, there City of Miami Page 47 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 is going to pick -- I mean, it's going to include some sites that are in single-family homes areas, and we have to protect our neighborhoods. We have to protect our family, okay? We must also discourage the loss of green space, if any green space within the transit -oriented development area is rezoned. I would like to see this, okay? It is not -- green space are not eligible for this program, okay, that -- our parks and all other, you see. If you have a park within that radius, you cannot change it and -- I mean, and use it, okay? And also, I want also to take this opportunity and ask that those people that they are benefiting from double density, they should also benefit our residents and they will encourage them either to in -- have -- go inclusive or contribute to a fund that is destined to build affordable -- real affordable housing. And those are my amendments. And I know that -- I'm going to ask the sponsors, see if you can. Vice Chair Russell: Thank you. Just to clam so I understand, if I may, Mr. Chairman? Chair Hardemon: Go ahead. Vice Chair Russell: Receiving is T5 or up. If the Planning Department could help me understand what this would disqualify. Within the current draft, what is allowed, and what would this change? Francisco Garcia: Thank you. Francisco Garcia, Planning Director. Mindful of the fact that single-family residential areas and duplex residential areas needed to be protected, those areas have not been eligible previously for the acceptance of any transfer of density. I believe what Commissioner Reyes is suggesting is that T4, the next transect up, also not be eligible for the transfer of density. Vice Chair Russell: So if -- but if -- under the current draft, anything T3 or abutting T3 is not eligible to start. Mr. Garcia: That is correct. Vice Chair Russell: So let's say there's a T4 property that's not abutting T3. Mr. Garcia: Right. Vice Chair Russell: Right now, under the current draft, it would be eligible for additional density, and it would not be abutting T3, so theoretically, you could argue it's not going to affect single-family home; but then in this -- with the amendment, the T4s would be taken out. Mr. Garcia: That's correct. Commissioner Reyes: And that's precisely what I want. I don't want to be using T4s, also, which is -- and T3s, even if they are not abutting each other. Vice Chair Russell: T4s are very interesting, unused -- Commissioner Reyes: It is, it is, but they should -- Vice Chair Russell: -- an unused transect. Commissioner Reyes: -- come before us, and they could request it. Vice Chair Russell: For the density. City of Miami Page 48 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: For the density. Vice Chair Russell: Because that's what they were lacking in this. Commissioner Reyes: But not automatically. Vice Chair Russell: Right. Commissioner Reyes: I don't want it to happen automatically. So they should come, and we -- in case -- those are special cases, what you're saying. Vice Chair Russell: I would love further analysis between first and second, but I'll accept the amendment, for sure. Commissioner Reyes: Okay. Vice Chair Russell: Thank you. Commissioner Reyes: Also, that, I mean, the radius -- I mean, the distance from -- is three quarter of a mile, right? Mr. Garcia: Yes, sir. Commissioner Reyes: Well, I am -- Mr. Garcia: Half a mile, just to be clear on the record; halfa mile. Commissioner Reyes: Half a mile? Mr. Garcia: Is the radius, as it exists presently. Commissioner Gort: Talking about five blocks. Commissioner Reyes: I thought that it was three quarter miles on main highways, on main streets. Mr. Garcia: Transportation -oriented development areas are at a radius of one half a mile from the Metrorail Station or the Metromover Station -- Commissioner Reyes: Okay. Mr. Garcia: --presently. Commissioner Reyes: I -- well, I thought that I heard that it was going to be -- Vice Chair Russell: It's one of the proposals, is three quarters, yeah. Commissioner Reyes: One of the proposals is -- the proposal is -- I don't have anything against three quarter of a mile as long as they are main highways, you see, in main thoroughfares; not in side streets and all of that. Vice Chair Russell: Got it. I had also a proposed amendment within this, because I think that the circle radius issue, as the crow flies, is not an accurate way to determine where density is appropriate or not, because let's say a receiving site -- or a transit is on the river, for example. That radius goes beyond the river, and those people are not within walking distance of that transit zone. City of Miami Page 49 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Garcia: That's correct. Vice Chair Russell: So I think a much smarter -- and I know Jeremy was working on this -- or you -- or the department was working on a more specific look at the arteries that could become those transit connectors, and it doesn't necessarily have to be on our traditional rail. You know, we need to be creative here and think what's going to get -- where are people going to easily be able to flow to those transit spots, and encourage the density there. I do agree with the concept of not abutting T3, not encouraging density that's going to, you know, creep into single-family neighborhoods. But I am open to expanding that -- I'll call it a radius. But I want to find a smarter way to track that radius, so between first and second, I'd like to study that a little closer. I know you're already working on it. I'd like to see how that works and (UNINTELLIGIBLE). Commissioner Reyes: I do agree with you, Commissioner Russell, and I think that we have to be creative, so we don't get into the neighborhoods and could be affecting the integrity of the neighborhoods. Vice Chair Russell: And then, as far as your amendment with regard to affordability, I really like this. And one of the people that came to speak publicly about this asked, "Why doesn't this address that issue?" And I think it really could. I don't know what the formula would be yet, but let's work on this between first and second, where any additional density that's purchased, that there be some sort of inclusionary concept within that, because this is bonus density we weren't expecting. There's no reason it couldn't help solve some of the problems of the City at the same time, and be a good example. Whether there's an off-site option, as well, I'm welcome to study it, but it should be more painful than the on-site option, if that makes sense. Mr. Garcia: It does. Vice Chair Russell: I think that's all I've got. Chair Hardemon: All right. So -- Commissioner Reyes: That's all I need. Chair Hardemon: -- basically, there was a motion on the floor. There were some friendly amendments that were made that were accepted by the mover and the seconder. Madam City -- Vice Chair Russell: One other amendment. I'm sorry. I apologize. I -- first -- it comes with a question. There is not full clarity in the draft, to me, as to whether there is a cut-off timeline for when someone can apply for this and receive -- and purchase the TDDs (Transfer Development Densities). Mr. Garcia: As drafted, it is prospective only. Vice Chair Russell: So it's -- as drafted, it says you must present a building application. Mr. Garcia: That is correct, sir. Vice Chair Russell: But does -- it doesn't clearly say you can't present a previous building application, or if somebody had already done one on it. City of Miami Page 50 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Garcia: If the -- it were the intent of the Commission to include some projects that have recently been approved within a specified period of time, there would have to be an amendment to capture that. Vice Chair Russell: Got it. So what I'd be looking to offer is an amendment that -- because my philosophy -- and when I first looked at this, I was open to saying, "Hey, if this generates a bag of cash for the person who had that historic designation to help them with their situation there, that was fine. " But I recognize tying it to the actual improvements is very important and very good. What about people that before this was in place had been spending well above and beyond TORS (Transfer Development Rights) or whatever they've been expending for historic preservation? Why shouldn't this be able to help their situation, as well? So I'd be looking for an amendment, looking back five years. Anything that -- I'd like an analysis of what that would bring into it. If it's too much, though, that it floods the market and it reduces the value of them, I don't want to do it. But if it looks like it's something that will help people that have been investing in historic preservation, I'd be open to it. Mr. Garcia: Very well. Commissioner Reyes: So -- and I think that it is -- your amendment to that, you're saying that -- what are -- can you clam your amendment? Vice Chair Russell: Yes. Commissioner Reyes: You want to promote historic preservation? That's what you want to do? Vice Chair Russell: Well -- Commissioner Reyes: You see, and you know that this is a slippery slope there, because— Vice Chair Russell: -- I want to help people that have expended on historic preservation. Commissioner Reyes: -- you know, what I don't want to is that some developer will come and buy a building that could be declared historic in any of the areas that they are not for development, you see; let's say in Little Havana, Liberty City, or in some other places and -- that has some historic value, and it is on a -- let's say on a T6 -- it has a T6 designation. Somebody will come buy it, or get somebody to buy it, buy the additional density, leave the building like that, and nothing can be done to the building, and that area cannot be developed. That is very dangerous. Vice Chair Russell: That's not what this would allow. Commissioner Reyes: I don't want -- that's -- Vice Chair Russell: I don't want that, either. I don't want that, either. Commissioner Reyes: Okay. I don't want that. Vice Chair Russell: I'm with you. Commissioner Reyes: And I don't know if the ordinance, you see, addresses that very well. City of Miami Page 51 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: I want to make sure between first and second that we don't create -- Commissioner Reyes: Okay. Vice Chair Russell: -- an unex -- unintended incentive to do exactly what Commissioner Reyes is talking about, so -- Commissioner Reyes: You're right. Vice Chair Russell: -- I'm satisfied at this point. Chair Hardemon: All right. So then Madam City Attorney, you'll be tasked with capturing what was discussed on the record -- Victoria Mendez (City Attorney): Yes, Chair. Chair Hardemon: -- between first and second reading. Seeing no further discussion, all in agreeance with FR. 1, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Garcia: Thank you. City of Miami Page 52 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 FR.2 ORDINANCE First Reading 4151 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 23 OF THE CITY CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "HISTORIC AYES: PRESERVATION," TO AMEND SECTION 23-4 OF THE CITY CODE, ENTITLED "DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, AND ARCHEOLOGICAL SITES AND ZONES," TO PROVIDE A PROCEDURE FOR AN OWNER OF A SINGLE FAMILY RESIDENTIALLY ZONED HOMESTEAD PROPERTY TO ALLEGE AND PROVE THAT HISTORIC DESIGNATION WOULD CAUSE THE OWNER UNREASONABLE OR UNDUE ECONOMIC HARDSHIP, PROVIDING CRITERIA, PROVIDING FOR A DIRECT APPEAL TO THE CITY COMMISSION, PROVIDING FOR A WAIVER OF APPELLATE FEES AND COSTS IN THIS INSTANCE; FURTHER AMENDING CHAPTER 62/ARTICLE VII OF THE CITY CODE, ENTITLED "PLANNING AND ZONING/HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD," BY AMENDING SECTION 62-28 OF THE CITY CODE, ENTITLED "FUNCTIONS, POWERS AND DUTIES, GENERALLY," AND SECTION 62-27, ENTITLED "MEMBERSHIP AND QUALIFICATIONS OF THE BOARD," TO PROVIDE THAT ALL BOARD MEMBERS WILL BE ELECTORS OF THE CITY, TO PROVIDE THEY ARE SUBJECT TO STATE, COUNTY AND CITY ETHICS CODES, AND TO FURTHER PROVIDE THAT THEY WILL NOT BE TRANSACTING BUSINESS WITH THE CITY DURING THE TIME OF BOARD MEMBERSHIP; 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: Manolo Reyes, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item FR.2, please see "Public Comment Period for Regular Item (s) " and Public Comment Period for Planning and Zoning Item (s). " Chair Hardemon: FR.2. Can you please read it into the record, Madam City Attorney? Victoria Mendez (City Attorney): FR.2. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: That's FR.2? Commissioner Reyes: Yes. Ms. Mendez: Yes. Commissioner Reyes: And this ordinance, I want everybody -- to make it perfectly clear, it is not the intention to stop or eliminate historic preservation -- designation of historic preservation. "at I wanted to do with this ordinance is to provide City of Miami Page 53 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 people that they have been selected -- or their property has been selected as historic -- the opportunity to come before us, before the City Commission and state their case, you see. I don't want them to be -- I mean, to know about the property being designated, as that lady that was here, that she was being -- was designated as historical, and she found out in a letter, and then she couldn't do anything about it. I'm providing people with the opportunity to come and state the cases, and I think that there is -- we have -- we need more language to really clarify this, if this is in some sort of way that I think some people are miss -- I mean, they are confused. And I would like to keep on discussing this, you see. I spoke with Madam City Attorney, and I want to clarify well -- very well -- this language. And there are certain other things that we want to be -- to include it here, you see. And when I refer to that it is - - creates people that they are -- I would say that they are not capable of paying, you see, like this lady that didn't have a job; like this lady that was sick. And you know that any appeal before the City of Miami requires cost. And there's a lot of people that they don't come here because they don't have the money for appealing, you see, whatever decision the City has made. And what I want to provide is those residents - - or those people, owners that they see that -- they consider that they have reason for appealing that they will not incur costs; that they could come before us, because that's what we're here to do; we're here to serve. And they will come before the City of Miami, and all the fees will be waived. Now, those that they don't have economic hardship, could come and pay the fees and all of that. And basically, that's what this ordinance is. Commissioner Gort: Exactly. Chair Hardemon: So I'll take that as a motion. Commissioner Reyes: Yes. Chair Hardemon: Is there a second to the motion? Vice Chair Russell: I'll second it. Chair Hardemon: Seconded by the Vice Chairman. Commissioner Reyes: Thankyou. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: For discussion, please. And thank you, Commissioner Reyes, for our sunshine meeting on this issue. Commissioner Reyes: Yes, sir. Vice Chair Russell: I -- you know, you and I do bump heads on a couple things philosophically, but I really -- I believe in the honor of what you are doing here, and I understand. We shook hands in that meeting on the concept of not charging our residents for appeals when they -- when there's -- if it's about an issue of economic hardship; and so, I absolutely agree with that. I've been studying the ordinance, the amendment specifically, though, and I have just a potential amendment here, because I really feel that Paragraph 8 is in the wrong place. It's underneath Sub - Section "B, " called "Criteria Exceptions, " which is talking about when you cannot -- exceptions that you could not otherwise designate; cemeteries, birthplaces, graves, historical figures, et cetera. It says, "Shall not be considered eligible; however, such properties will qualify if they are integral parts of districts that do meet the criteria, if they follow" -- "within the following categories. " And then, it lists the several -- a list of exceptions of those that could be designated. And then, your amendment City of Miami Page 54 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 comes in as Number 8, with the economic hardship as -- it's sort of reversing what the above part of the clause is. I'm in favor of the ability to appeal, but I think it's in the wrong place in the ordinance, and I would look to delete Section 8, but I'm all onboard with you for the appeals by the owner, free of charge, in its right place. Ms. Mendez: Right. Based on that -- and it was a good catch -- we're putting it as "D,"so we will amend that between first and second. Commissioner Reyes: That's right. And before -- at this reading and the second reading, there are -- we're going to review and make it more -- make it clear, you see Vice Chair Russell: Okay. Commissioner Reyes: -- that anybody that reads it does -- that there is no confusion on it -- Vice Chair Russell: And -- Commissioner Reyes: -- anybody. Vice Chair Russell: -- I still have some heartache, some issue with regard to taking this -- putting this on the hands of the Preservation Officer, whose specialty has not to do with, you know, financial hardship; and also noted that the criteria for hardship has nothing to do with the person's average median income, or their financial ability to pay. Commissioner Reyes: That's something that we going to address -- Vice Chair Russell: Okay. Commissioner Reyes: -- between first and second reading, and that I spoke with the Attorney, City Attorney. Vice Chair Russell: Got it. Commissioner Reyes: You see, my intention -- and I'm saying it again -- is that arbitrarily, if somebody comes and they said that this is -- I mean, without -- I mean, because they believe that follows the criteria, and people -- then their hands will be tied, and their property rights are being violated; that's what I want to avoid, understand. Ms. Mendez: So in order to make the amendments, what we are going to do is make all these amendments and bring it back for first reading again in the first meeting of July, so July 12; and then, we'll have second reading when it was normally scheduled on July 28, just so that everybody has a chance to -- Vice Chair Russell: So we're deferring the item? Commissioner Reyes: No; continuing. Vice Chair Russell: Okay. Thank you. Commissioner Reyes: For this -- this discussion is going to be continued. Vice Chair Russell: So this is going to be continued? City of Miami Page 55 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Right. Todd B. Hannon (City Clerk): We're just moving it to July 12. We'll defer the item to July 12. Ms. Mendez: We're going to make certain -- Chair Hardemon: Wait a minute. Before we do procedure stuff, let me recognize Commissioner Gort. Commissioner Gort. Commissioner Gort: No, the one thing I want to mention is that people do have the ability to come in and argue against having -- because there's certain criterias [sic] that's setup for you to bean historic --be named as an historic site. But at the same time, there's no economic in there. And I heard people make presentation. They talked about how the historic sites have improved, yes; have improved in MiMo (Miami Modern), in northeast, where they got beautiful home and they have people with a lot of funds. But when you go into Little Havana, you go into Allapattah and these places where you declare one home out of one neighborhood as a historic, it's very difficult for the people to comply with. I recall -- and there's always an incentive. I recall when -- the Miami Circle. I don't know if you all remember the Miami Circle, right next to the river over here; that they could not build their building. The State paid $24 million for maintaining that circle. Commissioner Reyes: Yes. Commissioner Gort: So there was an economic impact. And I think this is something that people ought to be able to come back, and if they do have an economic impact, then they should be able to remove it. Commissioner Reyes: And now that -- I'm going to take this opportunity, Commissioner Gort, to -- I'm going to go further into what you were expressing. You see, I don't want people to believe that because your home and your -- the certain areas declared historic that property values is going to increase. You see, property values increase because of demand, because of the location, because of the prop -- you cannot compare the houses on the northeast -- in Morningside, those beautiful old homes that people wanted to leave there. And if it's declared historic or -- in some areas of Coral Gables that they have beautiful homes, you see, you declare them historic and they very seldom need any repair. Now, if you go, as he said, you go to Little Havana and because of that wood frame thematic and all those things, every single home would be -- I mean could be declared historic. The same thing would happen in Liberty City. And then what happens? You're condemning the people, that they cannot do anything to their homes. I think that historic declaration and historic preservation is very good when it applies, and there is some history at the time behind the properties. And I want to give everybody the opportunity to do that. Chair Hardemon: I want to be clear on whether or not we want -- Do you want to pass this item, and then come back at second reading where you have changes? Commissioner Reyes: No. We going to pass it today, and then we going to make it - Ms. Mendez: Okay. Commissioner Reyes: -- and then we come back. City of Miami Page 56 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Mendez: All right. So then because the amendments have been stated on the record, we'll pass it today on first reading, then -- and we will -- Commissioner Reyes: You come -- Ms. Mendez: -- hear it for second when it's scheduled on July 28 [sic]. We won't come back on the 12th then. Commissioner Reyes: That's right. That's exact -- Chair Hardemon: Commissioner Carollo. Ms. Mendez: And it'll give us amount of time -- the appropriate amount of time to make the changes. Commissioner Reyes: That's right. And second reading will be when; on the 20th [sic], right? Ms. Mendez: Okay. Commissioner Reyes: Okay. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Let me go on the record and be very clear. In Little Havana, the main thing you have historic in all these buildings are the rats and roaches. Having said that, let me compliment my colleague, Commissioner Reyes, with --for bringing something that I think is very important, is needed. When you're the owner of your own home, that's something that I think is sacred, and government has to respect very differently than any other kind of ownership that's out there. What I'd like to see change on this ordinance -- and I'll approve it on first reading. I'll vote for it, but I'd like to see it changed in the second reading. It says: For an owner of a single-family in a residential zoned homestead properly to allege and prove that historic designation would cause the owner unreasonable or undue economic hardship. Look -- Commissioner Reyes: Yes, that's -- Commissioner Carollo: -- the part that I'd like to take out is "to prove. " Commissioner Reyes: Yes. Commissioner Carollo: I think that if -- Commissioner Reyes: I just said that. Commissioner Carollo: -- they allege that it's going to cause them economic hardship, that should be sufficient. Commissioner Reyes: Yes, sir. Commissioner Carollo: I don't think we have a right to force upon individual homeowners that their homes have to be made historic, and -- Commissioner Reyes: I just said that. Commissioner Carollo: -- that 'prove" is what I'd like to take out. City of Miami Page 57 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: And I accept it. Commissioner Carollo: Okay. Vice Chair Russell: As the seconder of the motion, I just want to clarify how the process would work with the Historic Preservation Officer, as drafted, if that change takes place. So if they don't have to prove, yet they allege, that still leaves it in the hands of the Preservation Officer, though, to make a decision; am I correct? Commissioner Carollo: No. They could appeal and come to the Commission, and we make the decision. Vice Chair Russell: Right. But alleging alone -- well, under the way it's drafted, if I'm not mistaken, they're allege -- whether it's "allege" or 'prove," what they bring, those documents goes to the Preservation Officer, analysis by the Community and Economic Development Department. But they render a decision prior to HEP (Historic & Environmental Preservation Board) Board that will potentially allow that person out of the process; is that correct? If -- but that decision rests with the Preservation Officer, even if it's alleged, but not proved. They are bringing the documents. They are alleging -- Commissioner Reyes: As long as we have -- the owner has the -- I mean, the owner is informed -- that's another thing -- that we must inform the owner of the property that is going to be declared historic. They must be informed that they have recourses to appeal, you see; that they have the -- that they can appeal the decision of the HEP Board. Vice Chair Russell: Yes. Commissioner Reyes: And with or without cost, if they don't have the money. Vice Chair Russell: I'll -- seconder accepts the amendment, as well. Chair Hardemon: It has been properly moved and seconded, with amendments. Any further discussion on the issue? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion approved. Commissioner Reyes: Thankyou. Chair Hardemon: I'd like to switch gears a little bit. Commissioner Reyes: I would like to -- Chair Hardemon: Let me just do this. Commissioner Reyes: I'm sorry. Chair Hardemon: Mr. Clerk -- I want him to swear in the individuals, and I want to get the public comment out of the way for the Planning & Zoning. Commissioner Carollo: Sure. City of Miami Page 58 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Can I --? Before we do that and we get involved into that, I would like to make a motion to reconsider the budget of CRA (Community Redevelopment Agency). Commissioner Gort: CRA budget. Commissioner Carollo: Can I ask the Clerk if he could include me as a sponsor in FR.2, please? Todd B. Hannon (City Clerk): Yes, sir. Commissioner Carollo: Thank you. Commissioner Reyes: Thankyou, Commissioner. Vice Chair Russell: I'll second that motion. END OF FIRST READING ORDINANCES City of Miami Page 59 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 I N � N ; &1011 tit1101kiR? RE.1 RESOLUTION 4169 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE A JOINT PARTICIPATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY ("COUNTY') FOR ROADWAY IMPROVEMENTS ALONG NORTHEAST 42ND STREET BETWEEN NORTHEAST 4TH AVENUE AND FEDERAL HIGHWAY, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B173901; PROVIDING FOR THE ACCEPTANCE OF FUNDS IN THE AMOUNT OF ONE MILLION FOUR HUNDRED ONE THOUSAND DOLLARS ($1,401,000.00) FROM THE COUNTY FOR THE CONSTRUCTION OF A NEW ROADWAY ACROSS THE EXISTING RAILROAD CROSSING TO ALLOW FOR VEHICULAR TRAFFIC AND OTHER ROADWAY ENHANCEMENTS, INCLUDING TRAFFIC SIGNALS, STREET LIGHTING, SIDEWALKS, RAMPS, CURB AND GUTTER, DRAINAGE IMPROVEMENTS, AND MODIFICATION TO THE EXISTING ON -STREET PARKING, WITH FUNDS TO BE APPROPRIATED BY SEPARATE RESOLUTION. ENACTMENT NUMBER: R-18-0265 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.], please see Public Comment Period for Regular Item (s) " and "End of Resolutions. " City ofMiami Page 60 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.2 RESOLUTION 4205 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED Planning JUNE 26, 2017, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 16-17-003, FROM CIVITAS, INC., TO PROVIDE PROFESSIONAL URBAN DESIGN, LANDSCAPE ARCHITECTURE AND ENGINEERING SERVICES, ON A PHASED BASIS, FOR A FLEX PARK AT VIRGINIA KEY, FOR THE CITY OF MIAMI PLANNING DEPARTMENT; ALLOCATING FUNDS FROM VIRGINIA KEY PARK ENHANCEMENTS PROJECT NO. 40- B17354, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, AND EXECUTE ANY SUBSEQUENT PROJECT PHASES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS TO THE PSA, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0266 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.2, please see "End of Resolutions. " City of Miami Page 61 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.3 RESOLUTION 4320 A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING Liberty City FUNDS FROM THE MAYOR'S AND DISTRICT 4 Commissioners COMMISSIONERS SHARE OF THE CITY OF MIAMI'S ("CITY") and Mayor ANTI -POVERTY INITIATIVE GRANT FUNDS TOTALING AN AMOUNT OF FIFTY-TWO THOUSAND FOUR HUNDRED NINETY- TWO DOLLARS AND EIGHTY-THREE CENTS ($52,492.83), TO THE ENTITIES LISTED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. ENACTMENT NUMBER: R-18-0267 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.3, please see "End of Resolutions. " REA RESOLUTION 4211 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Liberty City ATTACHMENT(S), APPROVING AND ADOPTING THE Community SUPPLEMENTAL BUDGET OF THE LIBERTY CITY COMMUNITY Revitalization Trust REVITALIZATION TRUST, ATTACHED AND INCORPORATED AS EXHIBIT "C," IN THE AMOUNT OF NINE HUNDRED TWENTY- NINE THOUSAND DOLLARS ($929,000.00) FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018. ENACTMENT NUMBER: R-18-0268 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.4, please see "Public Comment Period for Regular Item (s) " and "End of Resolutions. " Citv ofMiami Page 62 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.5 RESOLUTION 4096 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH OMNI Community ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED Redevelopment TAX INCREMENT FUND BUDGET OF THE OMNI Agency REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT NAYS: AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, AS APPROVED BY THE OMNI CRA'S BOARD OF COMMISSIONERS. =1ill /_CfaIIT, l=1►kiill 01IT, 11=1:M:aU-1i1Ytf-I MOTION TO: Adopt RESULT: FAILED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell NAYS: Gort, Carollo, Reyes RE.5 RESOLUTION 4096 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH OMNI Community ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED Redevelopment TAX INCREMENT FUND BUDGET OF THE OMNI Agency REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT NAYS: AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, AS APPROVED BY THE OMNI CRA'S BOARD OF COMMISSIONERS. =1�/_CGAIiyil=1Zk9Z.11i41-1=I;M;aU-1101�E;? MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes NAYS: Hardemon City ofMiami Page 63 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.5 RESOLUTION 4096 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH OMNI Community ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED Redevelopment TAX INCREMENT FUND BUDGET OF THE OMNI Agency REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT NAYS: AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED AS ABSENT: EXHIBIT "A," FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, AS APPROVED BY THE OMNI CRA'S BOARD OF COMMISSIONERS. =1 Ll I_CS I ►Ti l =1 ► k i i 01 IT, 11=1:M :a U-1 i11Ytf •? MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissionei AYES: Russell, Gort, Reyes NAYS: Carollo ABSENT: Hardemon Chair Hardemon: I have a question. The -- were there changes made to the Omni CRA (Community Redevelopment Agency) budget to note that continuing obligation? Vice Chair Russell: The Executive Director and his staff are here to address. I saw them. Victoria Mendez (City Attorney): Which item, Chairman? Chair Hardemon: RE.S. Commissioner Carollo: Yeah. That was going to be my question, too, Chair, just -- Isiaa Jones: Good morning, Commission. Isiaa Jones, from the Omni CRA, Chief Legal Officer. Chair Hardemon: Right. So the question that I have for you -- and welcome -- is at our last meeting, there was a lot of conversation about a $2 million, I believe, ongoing obligation that the Omni CRA had, subject to some future negotiations. And so, there is an issue that Commissioner Carollo brought up regarding whether or not it was reflected in the budget that there was an obligation. And so, we wanted to ensure that it was reflected in the budget so that we could all stand behind moving the budget forward. And so, what -- my question is, has it been properly reflected in the budget so that we can move this item forward? Ms. Jones: At this moment, Chairman, it has not been, and the reason for that is because it's an amendment we have to make at the CRA Board. Chair Hardemon: That's right. Did we schedule a meeting for this afternoon? Vice Chair Russell: What we're looking at with this one is the fact that it's not included, because if it were included, we need to shut down many of the programs that we are current -- we have currently underway, including single-family home renovations, of which half a million dollars are -- have already been spent, and another half a million dollars will have to be unallocated if we do this. City of Miami Page 64 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: Mr. Vice Chairman, I will say this -- and, you know, I spoke to the Executive Director, and I showed him where he could actually put those dollars, where he could reflect it in the budget, and where it wouldn't interrupt any of the programs that you have until it is that you want to actually -- until the item is settled, and then you can properly reflect it back to the way that you wanted it to be reflected. But it's there, and -- I mean, the only way that I can share it with you is up here on this dais, but -- Now, I -- Ms. Jones: Commissioner, if I may make a few comments? This is a perceived obligation. The Omni CRA in 2007 -- Chair Hardemon: Listen, listen, wait, wait, wait. Ms. Jones: No, I -- Chair Hardemon: I want you to understand this: Let's not make any arguments about a perceived or a non perceived obligation. Ms. Jones: Okay. Chair Hardemon: The fact of the matter is this -- Ms. Jones: Okay. Chair Hardemon: -- you have board members that believe that there is an obligation that must be met. And then, for us to move forward, we want to note it. It's not as big of a deal as you all are making it. Ms. Jones: Okay. Chair Hardemon: And I will tell you this, just to say it: In your budget, there are items that do not have resolutions. Ms. Jones: There are only two items that do not have a resolution, and I'd be happy to go through it with you. Chair Hardemon: Okay. I'm looking at -- I'm on Page 5 of 7, right? Ms. Jones: Page 5 or 7? Chair Hardemon: Okay, at the end of the budget, so if you go just to the end of the budget. Ms. Jones: And those are those two items; the open space initiative -- Chair Hardemon: No, just listen tome. Ms. Jones: Okay. Chair Hardemon: Okay? So you see Number 19, right? Ms. Jones: Number 19, the bank rehabilitation project? Chair Hardemon: Okay. What does that say next to it? It's infrastructure? Ms. Jones: It's infrastructure. City ofMiami Page 65 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: And then, there's a -- what? NR. Ms. Jones: But -- however, Commissioner, remember that the Omni CRA went out and got a loan to purchase the bank building. That money is set aside for the renovation -- Chair Hardemon: I understand. Ms. Jones: -- and rehabilitation of that bank building. Chair Hardemon: Listen, but listen what I'm saying to you. It says, "NR. " The one above it, streetscape, "NR. " That's 500, 000. 17, "NR, " 400, 000. Ms. Jones: No. And -- Chair Hardemon: 16 -- Ms. Jones: -- I'm sorry, Commissioner. I have to correct you on that one. Number 17, there is a resolution for that that was passed at a previous board meeting. Chair Hardemon: It doesn't say it on the -- Ms. Jones: It's just not updated. Chair Hardemon: -- it doesn't say it on this document. This is the document that we're supposed to be going by today to know whether or not there are resolutions. And so, my point is as you continue to move up, there are a number of items that do not have them. Ms. Jones: But they have been approved by the CRA Board, and I have the resolution numbers right here with me to reflect that. There are only two items on the budget that are not encumbered; that is the open space initiative and the streetscape improvement projects; approximately $1.2 million. We -- I am proposing that this amendment -- amended budget pass, because, one, in January, the Omni CRA Board voted to de -obligate these funds, and to remove the obligation; two, I would make the recommendation for the proposed budget for the new fiscal year for this $2 million to be set aside to be reserved. But if the Omni CRA Board voted in January -- Chair Hardemon: I want to give you an example. Ms. Jones: Okay. Chair Hardemon: Let me show you an example, right? I own a business. Ms. Jones: Yes. Chair Hardemon: And on my business, there is a board. And that business took a loan from Chase Financial Bank. And then, that board said, "You know, I don't think we should be obligated to Chase Financial Bank anymore. " And so, the board says, "We're going to take a vote." And we vote, and we say, "We don't have an obligation." And then -- and so, instead of carrying that obligation on our books, showing that I have a debt to be paid, the board says, "Our position is we don't have an obligation, so we have the capacity to do 'X " "Y," 7," that we want to do." And so, when the regulator asks me, "Well, do you have any debt obligations?" and I say, "no, " Chase is going to say, "No, you do have a debt obligation. " City of Miami Page 66 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Jones: Okay. Chair Hardemon: You know? And so, to me, it's one of those things where I understand what the board may have done. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: The CRA did not, on a whim, decide not to pay an obligation. We have a legal interpretation, as well as a policy decision, that the debt was not owed. Chair Hardemon: Well, who is the legal --? Vice Chair Russell: That's what I believe that the Executive Director is going to share. And furthermore, it's this board that sits as the Omni CRA that has approved this budget. Chair Hardemon: Yeah, I understand that, and I -- and for -- I'm telling you this: The only thing that I have that's holding me up about the issue is that I know that there are other entities involved, and those other entities may have an objection to what we're stating, the fact that there is an obligation, and that's the only problem. And so, you know, I think we've been having lots of discussion about whether or not it's a two-way obligation between the CRA and the City, but the agreement is signed by multiple parties. Commissioner Carollo: The County. Chair Hardemon: And -- you know -- the County, and also the Southeast Overtown/Park West CRA. So, for instance, I mean, there are obligations that are within the Southeast Overtown/Park West CRA that I would have loved to de - obligate, right? And so, the thing is, is that what makes this obligation so different that all of the entities don't have to weigh in on the agreement? Ms. Jones: Okay. If I may, Chairman -- Vice Chair Russell: If I may? Ms. Jones: Vice Chairman. Vice Chair Russell: And before we get into legal arguments of whether it's owed or not owed, because that's not what -- I don't believe that's what we're here for today. If I'm not mistaken, the City -- the two questions that were raised in the last meeting about this budget; one by Commissioner Carollo of whether or not the State law demands that we show a liability in a budget, and -- so that the thing is correct, legally. And Commissioner Reyes asked did we disclose the liability at the time of going out for loans. The question -- to answer Commissioner Carollo is that it's not necessary to show this line item in the budget. And furthermore, the City, in its own practice of budgeting, when there is potential disagreement pending litigation, they do not line item liabilities in our budget; perhaps on a balance sheet, but in the budget, if it's not intended to be spent, we do not line item for the item. And then, to Commissioner Reyes point about the -- Commissioner Reyes: It was included? City of Miami Page 67 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Yes, it was disclosed appropriately before we went out for any loans, so we are in full compliance. This is completely legal. I'm simply looking for the support of this board to carryforward the work we're trying to do at the CRA. Chair Hardemon: No, I -- you know, it's not about the bank loan. I completely understand how everything was -- Commissioner Carollo: Yeah. Chair Hardemon: -- disclosed. It was the obligation -- Commissioner Carollo: The bank loan is not an issue. Chair Hardemon: -- it was the -- it's the requirement of the State. And I'm looking at what was put before us, and I'm assuming by the Executive Director. This is a memo from Julie Bru. I mean, Julie Bru, she predates even my arrival here. It says, "September 7, 2012, " and the question on this is -- well, the statement on the City Attorney memorandum says that, You have asked whether the Omni Redevelopment District Community Redevelopment Agency has any continuing financial obligations with respect to the Museum Project" -- "Museum Park Project. For the reasons set forth below, your question is answered in the negative. " And then, there is another document, and this looks like the Museum Park -- it's a different document, but, "'C,' Museum Park, in the amount necessary to fund $68 million for capital improvements to the park component of the project to be funded by the Omni CRA, completed by the City, by no later than January 2012, and an annual contribution to the Parks Capital Expenditure Fund for $2 million, payable on the date of substantial completion of the park component of the project through 2030. " Now, when I read this and I read the memo, they call this thing the Museum Park Project, so there's obviously something that was supposed to have been done, like some sort of project. And then, when it talks about in Letter "C, " Museum Park, it says, "Amount necessary to fund the $68 million for capital improvements to the park component of the project." So here it is again; there's a project and a park component; $68 million improvement for that park component, and it must be completed by no later than January 2012. But the comma, "and" is the part that is -- that troubles me. Comma, "and, " to me, separates the $68 million from an annual contribution to the Parks Capital Expenditure Fund of $2 million, payable commencing on the date of substantial completion of the park component of the project. So my question is this: What was the park component of the project? Ms. Jones: Commissioner, members of the board, the park component of the project was a $68 million project; an elaborate park, land stage park. Now, this park contributed of a number of things -- different things: An underground parking, water fountains; an elaborate park to support the museums. Now, this park that was promised in that agreement was never built. Today I drove past the park on my way here, and it's not -- it's not -- Chair Hardemon: So we never spent $68 million? Ms. Jones: We never spent $68 million. We -- Chair Hardemon: So we never had a substantial completion of the park. Ms. Jones: Not based on this contractual agreement that we have right here. Chair Hardemon: So -- City of Miami Page 68 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Question, question: I mean, it's my understanding -- I am not an attorney and -- but my -- the way that I see this is if the park was not completed -- and it hasn't been completed -- that frees you from the obligation to pay $2 million. I think that's true. Ms. Jones: I agree, Commissioner. Commissioner Reyes: I think that is true, and if that -- I mean, if we're going to follow the law -- I mean, the letter of the commitment, you see, and it was not completed, you see, and you shouldn't be carrying it as a liability. Ms. Jones: We should not. Commissioner Carollo: Well -- Commissioner Reyes: I mean, that's my opinion. Commissioner Carollo: -- can -- Commissioner Reyes: But if it is completed -- if it had been completed, then you owe $6 million to the City. Ms. Jones: So, Commissioner -- Commissioner Reyes: You see? I mean, that -- I want to define that, because it's hurting you -- or it could hurt you, and I don't want to --you to be hurt. Ms. Jones: We understand. Chair Hardemon: Look, and I want to know -- and I don't know if the City has a new position on this. I want to make it very clear. I want to be -- I want it to be very plain. If $68 million for capital improvements to the park component of the project was completed -- Vice Chair Russell: By January 2012. Chair Hardemon: -- by no later than January 2012 or -- But that's also different, because if there was substantial completion of the park component, I want to know if there was any -- ever -- at a time a substantial completion of the park, because I read those statements kind of separate of themselves. If there was a substantial completion of the park component; substantial completion -- Commissioner Carollo: If -- Chair Hardemon: --of the park component that was done. Commissioner Carollo: Can I -- Chair Hardemon: Sure. Commissioner Carollo: -- have the floor? Thank you. Obviously, I wasn't around when this deal was entered into by the multiple parties. At the same time, I wasn't here when improvements started being made to that park. But I will submit the following to the Commission: One, I believe that what was read here on the date of 2012 is really referring to completion by the museums; not the park component, because if it was referring to the park components, where was the City of Miami or the Trust going to find $68 million? It didn't have it; we all knew that. So then, what City of Miami Page 69 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 would have been entered into was a fraudulent component of that contract. And I don't think any of the parties -- Commissioner Reyes: Yeah. Commissioner Carollo: -- were trying to commit fraud. We all know that Bayfront Park Trust is a trust. It does not have bonding capacity; only the City of Miami does. And that park did not generate anywhere near the funding necessary to put up $68 million at one time. Now, having said that, the fact that the Omni CRA last fiscal year paid for the first time $2 million, that, in itself, is prima facie evidence in any court of law that you were admitting that you owed the 2 million per year. And furthermore, we just can't decide by ourselves, well, this is what we're going to do; this is how we're interpreting that aspect of the contract, and we don't have a liability anymore, we don't owe any money anymore, because it's a four party deal -- City of Miami, the County, both CRAB -- and before anything could be binding, all parties, by law, have to be in agreement. And I would further submit that if that were to happen, you're going to open up a can of worms on so many other things that I don't think that many people are going to be all excited when it's done, in fact. But you knew your interpretation -- I'm not saying it's the correct one. I think I've made -- my point was, well, if $68 million wasn't spent by 2012, we don't owe any money. Then, why that in the fiscal year '16/17 budget, which is four years after that, did you pay $2 million? Well, you paid it because you knew that you owed it; otherwise, you would not have paid it. The contention that I was making, Chair -- and you were speaking to the City Attorney, so I don't know if you heard it all -- is that everyone knows that a trust, like the Bayfront Park Trust, does not have bonding capacity; only the City does. Neither the Trust nor the City of Miami had $68 million that it could throw out to build that park and then get reimbursed 2 million at a time for the next 30 years. So what -- that paragraph that you read is really telling me that the 2012 deadline was for the museums to have been finished. The component of the park was a different aspect, as I read it; otherwise, from day one, that aspect and that portion of the contract was entered into, it would have been fraudulent, because we all knew there was no money to come up with $68 million up front. Chair Hardemon: Look, there's a number of different things that's troubling about this. First, I will say that this memo is dated September 2012. Subsequent to that, our current City Attorney issued an opinion in 2016 -- Commissioner Carollo: Yeah. Chair Hardemon: -- saying that there was -- that the CRA did have a debt obligation to pay. Commissioner Carollo: Of course. Chair Hardemon: So you have two different opinions there. Third, Part "C" of Museum Park, it doesn't say that they have to fund $68 million for capital improvements. It says, "An amount necessary to fund $68 million for capital improvements to the park component of the project. " I'll be the first to say that this thing -- this global agreement was poorly written. Commissioner Carollo: I agree. Chair Hardemon: And the language -- there's a number of -- Commissioner Carollo: I personally would never have approved. City of Miami Page 70 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: -- different documents on parts of this that even in the Southeast Overtown/CRA, there were -- that we don't agree with the County and their interpretation of it. But this part says that, "An amount necessary to fund $68 million for capital improvements to the park component of the project. " Now, what is that amount? Is it $1 million? Is that an amount necessary to fund the $68 million for capital improvements? Is it $2 million? Is it $3 million? Is it four, five, six? We don't know. It just says, "An amount necessary to fund $68 million for capital improvements to the park component of the project." Then it says, "to be funded by the Omni CRA, completed by the City, by no later than January 2012 --" comma, "and an annual contribution to the Parks Capital Expenditure Fund of $2 million, payable commencing upon" -- "commencing on the date of substantial completion of the park component of the project." What is the park component of the project through 2030? I mean -- Commissioner Carollo: Well, that's the -- Vice Chair Russell: Mr. Chairman? Commissioner Carollo: -- but see, that's the key; the park component of the project. This is why I'm submitting that when they're talking about that deadline in January 2012, it's talking about the museum side -- Vice Chair Russell: No. Commissioner Carollo: -- not the park component. Vice Chair Russell: Mr. Chairman? Chair Hardemon: I'll recognize you, and I want to say, like -- let me see -- the park component of the project. And then, the CRA makes a $2 million payment. You know, it's just -- Vice Chair Russell: It should be -- Ms. Jones: Commissioner, I -- Vice Chair Russell: Please, if I may. It should also be noted that the -- that completion no later than January 2012, which didn't happen -- substantial completion of the park didn't happen -- payable commencing on the date of substantial completion of the park. Since January 2012, the City has not gone after the CRA for these funds. Chair Hardemon: Let me ask you a question. I wasn't sitting -- well -- Vice Chair Russell: Because the -- Chair Hardemon: -- at the time, we weren't sitting, you know, as the City Commission. You know, try not to sic the City on the CRA. That's not -- I wouldn't want that. But where is the rest of this document, this Part "C"? Can I see the entirety of this document? Ms. Jones: I have a copy of this document -- Chair Hardemon: Because -- Ms. Jones: -- and I also have -- City of Miami Page 71 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: -- let me see it. Ms. Jones: -- a second memo -- Chair Hardemon: And I want ask you -- Ms. Jones: --that the CRA received from Holland and Knight Attorney -- Chair Hardemon: I know that. Listen -- Ms. Jones: -- and opinions, different opinions. Chair Hardemon: It's an opinion by an attorney. Its an opinion by an attorney. You create an opinion and another one creates an opinion. Ms. Jones: And another one. Chair Hardemon: You -- Commissioner Carollo: And I just made one here. Chair Hardemon: -- I mean, you know, it's -- opinions -- they say opinions are like - - everybody has one. Commissioner Carollo: Yeah. Chair Hardemon: I think we know where that goes, right? Let me see it, please, because I want to -- and I want to -- and I ask you, you know, how much is an amount necessary to fund the $68 million for capital improvements to the park component? Ms. Mendez: Chairman, and you make an excellent point, and that is why there is outside counsel for the City and counsel for the CRA, because if you're able to agree on a settlement amount that could potentially create the 68 million, you may resolve this issue. The other thing is that, unfortunately, there have been demand letters subsequent to these memos, because the Administration is of the opinion that these monies are owed. So instead of hashing this out here, I suggest that we do what we had talked about, which is the Vice Chairman has discussed that you need to decide what you want to do moving forward, as this board, or as the CRA Board; and also, we have counsels, outside counsels that could maybe discuss this and come to an agreement that maybe resolve the issue. But right now, hashing this out as to which opinion rules, I don't think is the best way. Vice Chair Russell: I have a question for Mr. Rose or the City Administration. When there is pending litigation on a difference of opinion about a line item budget, do you include -- does the City include it in its budget? Is it necessary to include a line item of a potential liability that's under pending litigation in a budget? Because if we can pass this budget and do our work, especially considering that three of the Commissioners here that, as CRA Board members, scrutinized this budget, approved this budget, and passed it at the CRA. Can we move forward with the work of the CRA, let this fight take its place, and at the end of the day, we'll hopefully have a settlement or a decision? But at the moment, if we decide to stall or kill this budget, we might as well close the doors of the CRA. Commissioner Carollo: But Commissioner, that's not a straightforward question to the Administration. City of Miami Page 72 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: It is. Commissioner Carollo: You're not comparing apples to apples, oranges to oranges. We're talking about a legal, binding contract, which is very different what you've asked the Administration and -- Vice Chair Russell: And there's difference of opinion of whether it is owed under that contract. Commissioner Carollo: Yeah, but -- well, again, we're talking about two different things; whether it's owed, and the legality of the contract. Vice Chair Russell: Correct. Commissioner Carollo: We're getting, I think, here into an area, like the City Attorney said, that is really not part of the discussion that -- what we're looking at. The bottom line is, then, to have a budget that has to be balanced. By State law, you have to balance it. And what I am saying is that -- as the Chair, I think, has pointed out -- this is a global agreement. The only way you could change, no matter how strongly you feel on any item there -- whether it's legal or not, whether time passed or not -- the only way that it could be changed is through a global agreement with all the parties; otherwise, you're bound by the contract, and that's what I'm saying. Since we're bound by the contract, because we haven't met with all the parties to come to an agreement, then that $2 million -- and frankly, monies that were owed from a couple of years before, because you only paid year '16/17, that has to be placed in the books so you could balance the budget. Now, the Chair gave -- the last meeting, and he brought it up again -- some pretty -- you know -- good ways of trying to go about this. You guys don't want to listen to him. Vice Chair Russell: By defending projects that we are planning to -- Commissioner Carollo: But you're talking about projects that a lot of that amount is going to be years away. You're not going to be spending that money right now, and this is what he's saying, but you guys don't want to listen. Ms. Jones: Commissioner Carollo, just to make the factual representation that we have here, in order for the City to collect on that, that would be a breach of contract, because we did not get the value of what we had bargained for. The park was not substantially completed based on the master plan -- Commissioner Carollo: Well, that's the -- Ms. Jones: -- and that would be a breach, if not obligated. Commissioner Carollo: --opinion that you've given. But -- Vice Chair Russell: Did we build a --T Commissioner Carollo: -- nothing but legal grounds that -- Vice Chair Russell: We didn't build a parking garage. Commissioner Carollo: -- until the -- all the global partners agree to that, you're bound by it. And again -- Ms. Jones: And the City of Miami, as well. City of Miami Page 73 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: -- let me bring out what I said before. I submit to all of you here that that aspect in the 2012 was for the component of the museum side. Vice Chair Russell: No way. Commissioner Carollo: Otherwise -- look, let's not kid ourselves. Everybody that signed that knew that Bayfront Park didn't have $68 million or anywhere near that. It had no bonding capacity; therefore, it would have been the City of Miami that had to step in. And the City certainly didn't have $68 million to put into there. So what we were doing then; committing fraud? Vice Chair Russell: No, no. Commissioner Carollo: Putting something -- Vice Chair Russell: Commissioner Carollo, you -- Commissioner Carollo: -- in the contract that was not true? I doubt it. Jason Walker (Executive Director, Omni Community Redevelopment Agency): Commissioner -- Vice Chair Russell: Mr. Chairman? Mr. Walker: --if I -- Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: Commissioner Carollo, you are simply wrong in this case. The component -- the park component is not the museums. It says, "Capital improvements to the park component of the project to be funded by the CRA, and completed by the City, no later than January 2012, and payable commencing on the date of substantial completion of the park component" -- Commissioner Carollo: We're -- Vice Chair Russell: -- which includes an underground garage -- Commissioner Carollo: -- we're -- Vice Chair Russell: -- which is tens of millions of dollars, which was never done, so the money is not owed. Commissioner Carollo: -- we're not going to -- we're going to -- we're not going to reach -- Vice Chair Russell: We -- Commissioner Carollo: -- agreement on that here, but what I think we have to keep our eye on is the question here: Are we legally bound to put this so we could balance our budgets? In the books, we're legally bound to put that? I submit to you that we are, because -- Chair Hardemon: And that's -- City of Miami Page 74 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: -- unless all the parties are in agreement, you're bound by it. Chair Hardemon: -- the -- before you go -- that's the part that I just don't understand why you all are banging your head against this wall. The bottom line is that no one wants to hurt the CRA's budget. No one is expecting you -- We're not even asking for the money. No one is even saying, "You know what? Omni CRA, give me the money"; that's not what's happening. Commissioner Carollo: Yep. Chair Hardemon: The only thing that was stated was that it needs to be reflected. Just -- that's what the -- Commissioner Carollo brought up, and what he believes is going to make our vote a legal vote, right? So my thing is this: When I offered the recommendations, it's not -- you know, that -- we didn't say it has to be a resolution where this money is now being diverted to another issue. It's just a matter that you have items that don't have resolutions, which means that this Commission -- or that board -- didn't vote to have those things as they are; and so, you just change it so that for now, it meets the legal muster. And then, whatever agreement that you need to extinguish the $2 million obligation, you do it. And that's the part that -- I just don't understand why you all are fighting so hard about this. You're going to fight your way to a "no" vote. Mr. Walker: Well, we're trying to fight for people to have their homes fixed up in Overtown. Chair Hardemon: Man, (expletive). Vice Chair Russell: Mr. Chairman? Mr. Walker: That's what we're doing. Vice Chair Russell: All right. Mr. Walker: But, to Mr. Carollo -- Commissioner Carollo -- to your point -- and I think it's important -- when you asked how were we going to pay for it, there's -- and we can't read the minds of the people that wrote this agreement, but when it was passed -- and I brought this up at the last meeting -- our under -- What we think happened was -- our understanding was when the expansion happened to include the tunnel, it was supposed to also include Watson -- the whole of Watson Island. Commissioner Carollo: Jason, look, I don't want to keep getting onto what it means, what it doesn't mean; we're not going to agree in that. What we're here on is on approving a budget. I cannot vote for something that I believe that way that it is, it's in violation of State laws. The bottom line is that if you would change some of what is placed in your budget, a lot of what you're going to be spending on rehabilitation or what have you of homes, it's not all going to be in this fiscal year or next fiscal year; it's going to be into the future. All you have to do is change that. We would be in compliance with State law, and not in violation of it, and you would have a 5-0 vote here. Vice Chair Russell: Mr. Executive Director -- Commissioner Carollo: But -- City of Miami Page 75 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: -- if you were to do what the Chairman has requested, what would that -- how would that affect the budget? Is it true that the way he is asking for it to be included would not affect our operations? Mr. Walker: No. There is a -- it would affect it. I mean, and that's as simple as that. We -- I went to Commissioner -- Chairman Hardemon's office at the last meeting, and we went through the budget. There is a clerical mistake on the -- in -- on the non -resolutions. Where it says, "non -resolutions, " we actually do have a resolution. But you're right. I'm not fighting for me -- Vice Chair Russell: I would like to make a motion. Chair Hardemon: The first thing is this: There's a motion on the floor already that includes -- Vice Chair Russell: It dies for second. Chair Hardemon: Okay. Vice Chair Russell: There was no second. Chair Hardemon: All right. I didn't announce that it died for a second. I thought I was just waiting on it, attempting to do it. But I will say this: If you've given us documents for us to consider to move your budget forward that are not factually correct, you should make amendments to those documents, because if that is wrong, then what else is wrong? And the only thing we can depend on is what we read. When I prepare -- I'm reading from a page that has bits of information. It tells me something, and then I make a decision from there. But for us bringing up this issue, we would not have been told that there were resolutions for items that said there were no resolutions. So now, I don't know if the items that say there are resolutions are actual resolutions; or the items that say "no resolutions" actually have resolutions. I'm confused. I know nothing about this -- Mr. Walker: Some of them passed -- Chair Hardemon: Let me finish. Mr. Walker: -- at the same meeting. Chair Hardemon: Let me finish. Mr. Walker: Okay. Chair Hardemon: So I don't know, right? And so, that's the first thing. And the second thing -- and I want to make this very clear, as I did when I met with you -- is that if you have an item that does not have a resolution, you don't have the capacity, you don't have the ability to spend dollars, especially on hundreds of thousands of dollars of an allocation without a resolution. So if you don't have a resolution, you don't have the spending capacity. If you don't have the spending capacity, then it does not affect your budget, because you don't have the ability to do it. Mr. Walker: But it -- okay. So agree to everything you said. But when we put it in the budget in the line item, we start working towards that project, and there are only probably two that are without resolution. There are only two without resolution. We're working on those projects. They may not have come to the point where we're ready to bring the resolution back, because we haven't reached that point yet, but we're working with the County and with the City on road improvement projects City of Miami Page 76 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 within the Omni area; that's something we're working on. When we get to the point where we're ready to bring the resolution, we'll bring the resolution once the work is done. But I hear what you're saying. Chair Hardemon: You don't -- Mr. Walker: Guess what? We'll go back to the CRA Board in July, because -- by the way -- Chair Hardemon: We asked for you to -- Mr. Walker: -- we were not expected to have -- Chair Hardemon: -- I -- we asked for you to do it today. Mr. Walker: No, no, no. Chair Hardemon: I thought that we were going to have a meeting today. Mr. Walker: No. I'm sorry, sir. We were not expecting -- Chair Hardemon: To make the amendments -- Mr. Walker: -- to come back today. Chair Hardemon: -- and then to pass it. That was what we talked about before, was about -- Mr. Walker: No. We were -- no. We were coming back in July. We were supposed to come back July 12. Chair Hardemon: Yes, Commissioner Gort. Commissioner Gort: Let me ask one question. My understanding, Commissioner Reyes been asking if you recognize as a liability when you ask for a loan -- Mr. Walker: Yes. Commissioner Gort: --you recognize that liability, right? Mr. Walker: Yes. And we emailed all those documents out -- Commissioner Gort: And in getting a loan, you recognize the liability of $2 million? Mr. Walker: Yes. Commissioner Gort: Thank you. Mr. Walker: And we emailed you those documents. Vice Chair Russell: Mr. Chairman, I'd like to make a motion. Commissioner Carollo: Commissioner -- Chair Hardemon: Let's hear what the motion is. Commissioner Carollo: --you've made one heck of a point in that. City of Miami Page 77 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Thank you. Chair Hardemon: What is your motion? Vice Chair Russell: I don't expect consensus here. This is a different board than when this was put into motion. I do hope for the support of those who have supported it throughout. But my earlier motion did not pass -- or it died for lack of second. I would like to make a motion on RE. 13. I believe there are three votes here that do believe that the budget is sound; that it is legal; that all notifications have been given. Chair Hardemon: 5; you mean S. Vice Chair Russell: I'm sorry? Chair Hardemon: You mean 5. Vice Chair Russell: I'm sorry, yes. Thank you. RE.5. I'd like to make the motion on RE. 5, please. Commissioner Reyes: RE.S. Chair Hardemon: It's been properly moved. Is there a second to RE. 5? Commissioner Reyes: May I suggest -- The City Attorney, she suggested that we allow -- because I think that we have to solve this problem once and for all. Is it a liability, or it's not a liability? You see, and I agree with our City Attorney and -- that we allow all the parties involved to agree into making a decision, you see. And I asked how long will it take, and she said, "couple of weeks." Would that affect negatively --? Vice Chair Russell: Absolutely. And we could pass a resolution right now of this City Commission authorizing the Administration to open the global agreement and ask for an amendment of all parties relieving the CRA of this clause, this liability. We could do that. Commissioner Reyes: Relieving it or -- Vice Chair Russell: De -obligating it. Commissioner Reyes: -- obligating it. Vice Chair Russell: De -obligating it. And -- Commissioner Reyes: No, no, no; obligating or de -obligating. Vice Chair Russell: Right. But -- Commissioner Reyes: You see. Vice Chair Russell: -- well, currently, the City's position is that it's owed; the CRA's position is that it is not. If this body takes the policy decision to ask for and align with the CRA, and then go to the County and other parties in the agreement and say, "The City and the CRA would like out of this obligation, because we believe the obligations have not been met. The debt is not owed." Then we would all be in line, and the City would back -- the Administration would back off of going for the money. City of Miami Page 78 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: But can we pass a resolution now and saying that we accept this budget, subject to meeting of the parties; and whatever decision they make, it have to be corrected? Commissioner Carollo: The problem with that, Commissioner, is that State law says you got to pass a balanced budget. Commissioner Reyes: Yes, you are right. Commissioner Carollo: And you can't do that till --just like next month, we can't pass a citywide budget based upon wishful thinking for something to happen. Commissioner Gort: You can't. Vice Chair Russell: I never got an answer from Mr. Rose as to whether a balance -- a budget is balanced if a line item is not shown for an item under pending litigation, a potential liability. I would like to know that answer. Commissioner Carollo: This is more than pending litigation. This is a sound, binding contract. Vice Chair Russell: Of which one party believes there is no obligation, and that it was not met contractually by the City. Commissioner Carollo: Well, this is starting to remind me of our position with the unions, and look where it got us; starting to remind me of our position with Flagstone, and look where that got us. Chair Hardemon: Look, this thing I'm looking at -- I don't know if this doc -- I can't say whether -- I'm looking at a document, the same document that had the -- no resolutions. And it's just -- it's difficult for me, because I don't know which does and does not have resolutions now. But I know that on this document that I'm reading, there are one, two, three, four, five, six, seven, eight documents that say they -- or items that say they had no resolutions -- that total more than 6 million, 6.4 million, 7.2 million, 8 -- or 7.7 million, 7.8, 7.9 -- I mean, more than 8 million -- more -- it's close to $9 million worth of things that don't have resolutions, and that's the part about it. I'm telling you right now, I want to do this -- Vice Chair Russell: But we can't make the change. Chair Hardemon: That's -- Ms. Jones: Can I make a recommendation? Vice Chair Russell: I'm willing to keep going. Ms. Jones: We will amend the budget to put in the items that have the resolution; however, we'll go back and make this recommendation and come back with the line items that have resolutions. For example, the bank building that we're restoring, we sent out an RFP (Request for Proposals) through the City of Miami's Procurement Office to do the renovations on that bank building. Chair Hardemon: But you do realize that -- Ms. Jones: We'll amend it to fix all the items that do not have a resolution, and we could do that. City of Miami Page 79 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Walker: And Commissioner, I just want to be clear -- and the Clerk can kind of clear this up for us. We watched the last meeting three times, and there were two times that we were supposed to come back. Commissioner Reyes said that he didn't want us to come back until the outside Auditor General came back with his report. Commissioner Carollo said -- and you, Chairman -- said not to come back until the first or second meeting in July. We looked at the agenda for this meeting, and we realized that the item had been punted to the very next meeting. Vice Chair Russell: No 'punted." I had made a motion to defer the item to this meeting. Mr. Walker: You did. Vice Chair Russell: That was my motion; it was accepted and voted on. We were taking it up here to pass this budget. Mr. Walker: Pass it back over -- Vice Chair Russell: And it was your job between then and now to meet with each of these Commissioners and satisfy their concerns with regard to whether this budget is legal and sound and balanced by State law, and whether obligations had been met with regard to liabilities. If there are three people here who believe that's happened, I would like to get a vote and pass this budget so we can do the work of the CRA. Commissioner Carollo: Jason, maybe you needed to have looked at the minutes a fourth time. Vice Chair Russell: I just need to know from this Commission if there is a will to pass this budget, because we have work to do. Commissioner Carollo: I -- Vice Chair Russell: We have work to do, and I don't know what's going on here. Commissioner Carollo: -- will not vote for a budget that's against State law, that's in violation of the law. Vice Chair Russell: It's not. Commissioner Carollo: For instance, the loan that you got, what year was that? Mr. Walker: 2018. Commissioner Carollo: 2018. And was that signed by you in 2018? Mr. Walker: It's signed by all five of you, and that was in 2018. Commissioner Carollo: Okay. Now, I don't remember signing that, but, you know, I Ms. Jones: I have copies of -- Commissioner Carollo: -- could have, yeah. Ms. Jones: --the document. City of Miami Page 80 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: But the bottom line is this: That here, in 2016, you gave $2 million; that shows that if you didn't know it, why did you give it? And now, in 2018, you're admitting, under the penalty of perjury, in a loan that you do have a liability. Vice Chair Russell: No. Commissioner Carollo: You know what? You're going to be on the short end of the stick in any court of law if you're showing that. Vice Chair Russell: Then I'll count you as a "no" vote, because in the sunshine meeting with your brother, it's very clear why that 2 million was given. It was very clearly stated that the -- we don't believe as a CRA that the liability was owed. Commissioner Carollo: Commissioner, please -- Vice Chair Russell: So it's legal. Commissioner Carollo: -- let me not go there on the deals that were made with the predecessor in this chair, okay? Vice Chair Russell: That's why the 2 million was paid. Commissioner Carollo: Let me not go there. If you want me to, I'll go there; I'll spill it all out. Vice Chair Russell: I'm just going to make -- Commissioner Carollo: And let the chips fall where they may. Vice Chair Russell: -- I'm just counting you as a "no" vote. I want to know if there is the will of this Commission -- Commissioner Carollo: I think that was clear. Vice Chair Russell: -- to pass the CRA budget. Commissioner Reyes: Now, that -- Commissioner Russell, you had a question for the Vice Chair Russell: I haven't got an answer yet. Thank you very much. Commissioner Reyes: And I want to hear that answer. Is it legal? Vice Chair Russell: Is our budget, under the City -- the way the City balances its budget -- Commissioner Carollo: He's not an attorney. Vice Chair Russell: -- if there's a liability -- a line item liability -- Commissioner Carollo: He's not an attorney. Vice Chair Russell: -- that's under pending litigation, do we have to show it? Christopher Rose (Director, Office of Management and Budget): The words in State law are if it is -- If you have a reasonable expectation that the money comes in, then you can budget that revenue; step one. So if it is settled law, then, yes; it goes in City of Miami Page 81 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 your budget. If it is unsettled law, it does not have to go in your budget, but it does need to be footnoted. It needs to be clearly said somewhere -- Vice Chair Russell: Can we make a footnote? Mr. Walker: It's already footnoted, it's footnoted everywhere. Vice Chair Russell: It's footnoted. Mr. Walker: Everywhere. Vice Chair Russell: All right. Then why can't we pass this budget? Chair Hardemon: No, no, no. Before we move forward, you said, "It's already footnoted; it's footnoted everywhere." Where is it footnoted? Mr. Walker: Not in the budget; in the auditor's statements and into the -- in the application for the loan, which we sent all of you by email. Commissioner Carollo: This is very different, with footnotes, and you danced around the words there. We're talking about legality under the law. And I go back that the only way that you could change it is by having the global agreement. Why is everybody so afraid to call for a meeting of all the parties that signed this? Mr. Walker: We're not. Vice Chair Russell: I'm open to that resolution. Mr. Walker: We're ready to do it. Vice Chair Russell: We're just waiting for the right timing, because there's a lot going on. It's a big agreement. Commissioner Carollo: But you've had plenty of years. I don't know when the right time is going to come. Chair Hardemon: Look, I'll --you know -- Commissioner Carollo: I guess since the right person wasn't place as Executive Director and I became Chairman of the Trust, you know, maybe the right time will finally come now. Chair Hardemon: Look, I'm not trying to settle the issue of whether or not there's an obligation that's due. I just want to make sure that we fulfill whatever the State requirements are. I don't think that the Omni CRA has been particularly supportive of trying to get this thing passed. I think you're trying to force a square peg into a round hole -- Vice Chair Russell: No, I'm not. Chair Hardemon: -- not you, not you, not you. I'm talking to the Executive Director. -- because there's no reason why we can -- if we found a easy way to get this thing done, why -- we should have just used the easy way to get it done. Please don't respond. Mr. Walker: Because we have to have a meeting -- City of Miami Page 82 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: Don't respond. Mr. Walker: -- of the Omni CRA -- Chair Hardemon: Don't respond. Mr. Walker: -- Board. Chair Hardemon: So, you know, considering -- I believe in the gentleman that just spoke on this microphone, and he's one of the best budget people that we have. He's always been honest and straightforward with me. And so, based on his interpretation of things; that he believes that if -- as long as it footnoted or noted where the -- it can be clearly seen and identified that there is a possible issue of the $2 million, then I'll vote for this that way, but not because I believe there is or is not an obligation; not because of anything that you said on this microphone, but simply because if it comes down to that matter of interpretation, I feel comfortable with that. But I'll tell you that most of the documents that we have, they're all in conflict. And usually, you want to err on the side of caution. But I want to help this Chairman of the South -- of the Omni CRA move his agenda forward, because I believe in what he's doing. And so, I'm -- I'll support him because of what was said on the record prior to that. And if it's incorrect, then, trust me, we will find out, right? And -- Commissioner Carollo: Let me -- Chair Hardemon: -- unless the City (UNINTELLIGIBLE). Mr. Rose: I want to make sure we understand. It's 2 million per year; it's not 2 million. Chair Hardemon: No, I understand. Mr. Rose: Fair enough. Commissioner Carollo: Chris, if I may -- Mr. Rose: Yes, sir. Commissioner Carollo: -- keep you up here for a minute. The -- there's an amount that's owed for several years past. The only year that was paid was the year of '17. Mr. Rose: Yes, sir. Commissioner Carollo: Not '18. And I'm saying fiscal year '16/17. Mr. Rose: Yes. Commissioner Carollo: I know why that was paid. Mr. Rose: Yes, sir. Commissioner Carollo: There was a deal cut, and it's not the deal that he wants you to believe was cut and was done. It was a deal for someone to have a waiver from this body so that they could be an Executive Director. But that's another issue. The bottom line is that we're talking legalities. If in the year 2018, like it's been confirmed and stated here, they're acknowledging that in a loan document, they put down that they had a liability there --there were no footnotes there. They put down it was a liability, which they signed, under the penalty of perjury, that it was a City of Miami Page 83 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 liability. Please explain to me then how can you put a little footnote so that you could claim you have a balanced budget. Mr. Rose: Yes, sir. So let's go back to substantial completion of the park, 2014. So there have been four years, so two times four -- Commissioner Carollo: Well, yeah, yeah, but when you say "substantial completion, " these are interpretations. I've given one opinion, they've given another, and you have different attorneys, including our own City Attorney, that feels different than they do, so that issue, I don't think it's valid for what the State law requires. And the fact that -- how can you in the same year sign, under the penalty of perjury, a statement that says that you have a liability; and now, you're going to put a budget that says, "No, you don't"? Mr. Rose: If it is in dispute, legal dispute. Commissioner Carollo: But legal dispute is when you go into a court of law, when documents are filed. This is still a binding document. Just because one party doesn't want to pay, it doesn't mean it's in legal dispute until it goes to court. And it's like the City of Miami here deciding that, all of a sudden, the contract that we had with Flagstone, it was a binding contract. Nobody wanted to listen to our Attorney. Nobody wanted to go to outside counsel. And we decided, hey, we don't have a contract anymore. What happened with that one? So -- Chair Hardemon: Commissioner, I think we spent a significant amount of time discussing this at the last meeting. We've spent now another -- we had another opportunity to spend a significant amount of time talking about it. The Vice Chairman, he made a motion. I'll second his motion, right? And I think we should just go ahead and just take a vote on the matter. So -- because -- Mr. Walker: Right, because -- Commissioner Carollo: Can you just let him answer that last question that I've asked? Chair Hardemon: Yes. Mr. Rose: So in answer to the question, if it is in legal dispute, if there are -- Commissioner Carollo: But according to what they signed under oath, there's no legal dispute. They signed under oath, there's a liability. Then a few months later, now they're claiming that it's a legal dispute. So which is it? Did they commit a perjury when they put they had a liability when they don't have one -- Chair Hardemon: That's beyond his -- Commissioner Carollo: -- or is there a problem now? Chair Hardemon: -- pay grade. Mr. Rose: I don't have my law degree yet, sir, but I can say in budgeting, in State law, Chapter 125 and the other chapters that associate with it, if it is in legal dispute -- if you don't have a reasonable expectation that the revenues will come in, then you don't budget it. City of Miami Page 84 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Now you're talking about revenues coming in. There's a big difference between revenues coming in and what we're asked to do here, by State law, in liabilities. Chair Hardemon: Did the City of Miami budget --? Commissioner Carollo: It's a liability. Mr. Rose: The City of Miami has only budgeted the $2 million that have come in. The City of Miami has not budgeted -- Chair Hardemon: Which obviously -- Mr. Rose: -- the other $6 million. Chair Hardemon: -- that's future obligation. Vice Chair Russell: Or in the past. Mr. Rose: Backwards or forwards, right. And that is -- you need the authority to pay. You don't necessarily need the authority to accept. But if the money comes in, there is only one use that it can be used for, and it will go to Museum Park, as managed by the Bayfront Park Trust. So it does us no good to budget it if there is no reasonable expectation of it coming in. Commissioner Reyes: Question. Mr. Rose: Yes, sir. Commissioner Reyes: In the past budget, this past year's budget, the $2 million were not counted in the City of Miami? I mean, you did not include it as a potential revenue for -- either for the park or anything else? Commissioner Carollo: Yeah, but that -- Commissioner Reyes: I'm just -- I'm -- there's -- Commissioner Carollo: -- that's flow-through revenue then. Commissioner Reyes: Yes, I know, I know, but it still is a revenue. That flow- through is a pass-through to the Bayfront Park, too. Did you recognize that as a revenue? Mr. Rose: No, not the new 2 million; only the 2 million that we have accepted already. Commissioner Reyes: The 2 millions [sic] that were paid? Mr. Rose: Yes, sir. Commissioner Reyes: Okay. Chair Hardemon: Okay. So -- Commissioner Carollo: But they're under no obligation -- the City of Miami is under no obligation to acknowledge those -- City of Miami Page 85 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: No. Just a question. Commissioner Carollo: --liabilities -- Commissioner Reyes: Just a question, just a question. Commissioner Carollo: -- only the payments that come in. Commissioner Reyes: That's right. That's the question. That's the question. Commissioner Carollo: So --yeah. Chair Hardemon: So, look, it's been properly moved and seconded. I don't want to continue discussing this forever. I want to go ahead and get to a vote on this. All in favor of the motion to accept the budget as presented, RE. 5, say "aye." Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: Nay. Commissioner Gort: Nay. Commissioner Reyes: Nay. Chair Hardemon: Motion fails. Todd B. Hannon (City Clerk): Chair -- Chair Hardemon: The motion -- Mr. Hannon: for the record -- Commissioner Reyes: Now that -- Chair Hardemon: Why? Why? Why? The motion failed, because the "nay" -- there were three "nays. " Mr. Hannon: Yes. And can I get that on the record? I have Commissioner Carollo, Commissioner Gort, and who was the third "nay"? Commissioner Reyes: That was me. Commissioner Carollo: Commissioner Reyes. Chair Hardemon: There's three "nays. " Mr. Hannon: Reyes. Understood. Thank you. Later... Commissioner Carollo: Can you bring it for the afternoon? Commissioner Reyes: No, because I think it is hot now, and I think that Commissioner Gort also wants to take part of this, because I don't want to hurt the City of Miami Page 86 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 CRA. Well, my motion is that the City Attorney gets the party together as soon as they can so we can solve this once and for all. Commissioner Gort: Look, it's very simple. I didn't get a chance to meet with the Executive Director. I had meetings taking place, and he couldn't wait. But I think that could have been fixed by making some changes in the existing budget, and still doing the operation. Commissioner Reyes: Absolutely. Commissioner Carollo: The Chair gave examples of how we could do it, but -- Commissioner Reyes: That's right. Let's do it and bring it back, and then we resolve it. Vice Chair Russell: And they expressly said that we couldn't. And for the record, I will state now that this budget has failed, over half a million dollars that the CRA was going to spend on single-family home renovation in Commissioner Hardemon's district will not happen; that he voted to approve at the CRA on a budget; that he voted to approve at the CRA; and his threesome voted to approve the de -obligation of the $28 million, as a CRA -- Commissioner Reyes: Commissioner -- Vice Chair Russell: -- that this group approved -- Commissioner Reyes: That's right. Vice Chair Russell: -- to spend $100 million on affordable housing in the CRA will not happen now that we have not passed this budget. Commissioner Reyes: It will happen. Vice Chair Russell: Thank you. Commissioner Reyes: Sir, sir, it will happen if we, by July 6, we bring all the amendments and all of that and we take it, and we approve it; that there is no doubt. It will happen, sir, and you have my word on it that I will support it as soon as -- if they -- all the questions -- Vice Chair Russell: We're not going to settle the global agreement in enough time to be able to (UNINTELLIGIBLE) these issues. Commissioner Reyes: No, I'm saying with -- Commissioner Gort: We're not talking about the global agreement. Commissioner Reyes: Whatever -- Ms. Mendez: What -- Commissioner Reyes: No, no, no, no. Commissioner Gort: You need to make some changes in your budget, that's all. Chair Hardemon: Listen. City of Miami Page 87 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: The -- Commissioner Reyes: No, just these footnotes and everything that is required. Ms. Mendez: Right. Commissioner Carollo: They -- Ms. Mendez: What Commissioner Reyes is saying, that it is suggested to the CRA to please bring this back, this item, with the appropriate footnotes. Commissioner Reyes: With the appropriate footnotes and everything. Ms. Mendez: That's what he's saying. Commissioner Reyes: And that's it. Vice Chair Russell: We could have amend -- we amended the footnotes in this moment. We were ready (UNINTELLIGIBLE) footnotes to go now. Commissioner Reyes: You didn't do it. Vice Chair Russell: If that's all you were waiting for, I would like to reconsider this item -- Commissioner Carollo: If I may -- Vice Chair Russell: -- and put the footnotes in the budget. Commissioner Carollo: -- there were statements here made by you, Commissioner Russell, about the monies that are not going to be able to go for different areas in Commissioner Hardemon's district, et cetera. The bottom line here is that if individuals had acted responsibly, we would not be in this situation today. Those monies should have never been allocated until this issue was resolved. How in the world can you spend monies that you have obligated without resolving the issue? I mean, you can't spend those dollars twice. So don't blame any of us here for what you decided to do, what staff decided to do that was not the proper way of going about it. Chair Hardemon: Look, this meeting will be in recess until 2 o'clock. Later... Commissioner Reyes: I have a motion -- and I have a -- we have to reconsider -- Chair Hardemon: The first thing is that you have to vote on the motion to reconsider. Commissioner Reyes: That's right, that's right. Okay. Chair Hardemon: So it's been properly moved. Commissioner Reyes: I make a motion. It's second by the -- Chair Hardemon: It's been properly moved and seconded to reconsider RES. All in favor of the motion to reconsider, say "aye. " City ofMiami Page 88 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: Aye. Vice Chair Russell: Aye. Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Nay. Commissioner Reyes: Okay. Chair Hardemon: Motion passes. Commissioner Reyes: I have received -- and I think that everybody has received -- the corrections that were made, and -- on the budget. Chair Hardemon: I haven't received it. Commissioner Reyes: You see, I didn't vote in favor of that, because I couldn't vote for a budget that could be -- or that was not considered legal by the State. So I'm going to ask -- Where is the Budget Director? Commissioner Carollo: Could I see what you have there? Commissioner Reyes: Yes, sir; yes, sir; yes, sir. Commissioner Carollo: I haven't gotten and neither has the Chair. Vice Chair Russell: What is this? Commissioner Reyes: Okay. Vice Chair Russell: Oh, the footnote language. Commissioner Reyes: Okay. Mr. Budget Director, sir? Stop gossiping, man. Mr. Rose: Many bosses, sir. Commissioner Reyes: Okay. I want to -- I want you to take a good look at all the corrections, and I want you, in your professional opinion, to tell me, is this -- does this pass the test of being a budget that is not violating any of the requirements set by the State? Chair Hardemon: No pressure, right? Commissioner Reyes: No, no pressure, whatsoever. Yeah. Hey, listen, if you don't believe it, do it. But I don't want it to go out, really; personally, I don't want it to go on having heard some projects that they are being started. Commissioner Carollo: And Chris, keep this in mind: Would you put your job on the line if you were wrong in your answer? Mr. Rose: Thank you, Commissioner. Ms. Mendez: And just to give -- City of Miami Page 89 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: No pressure; no pressure, whatsoever. Ms. Mendez: --just to remind everyone that Chris is the City's Budget Director. Commissioner Reyes: Don't feel pressure, Ms. -- Vice Chair Russell: Just for the record, I'd like to know what we're looking at, specifically, though, before we start opining on it, because it hasn't been -- it just got handed out. Ms. Jones: We have followed the recommendation of the board to make the amendments to the budget; making sure that the items that have "NR," they are itemized, they are listed. And we've added the -- we will add the resolution numbers to reflect that; and also, the footnote language that has been recommended, and we're using this footnote language, if you'd like for me to read it into the record. Commissioner Carollo: What happened to Chris? Ms. Jones: Repeat that, sir. Vice Chair Russell: He's coming. I just asked for her to explain what this is -- Commissioner Carollo: Oh, okay. Vice Chair Russell: -- before Chris starts opining on it, because we haven't expressed what it is. Mr. Rose: May I have just a moment to look at it, Commissioners? Commissioner Reyes: Yes, go right ahead. Chair Hardemon: The tough part for me is -- Commissioner Reyes: Go right ahead. Chair Hardemon: -- that we've spent so much time doing this, and now we want to move on to other things. Commissioner Gort: (UNINTELLIGIBLE) on the spot. Chair Hardemon: Huh? Yeah, put Chris on the spot. But before you move on, listen, under the accounting audit and professional services, there are a number of "no resolution" items that are listed there, as well. That's not in this list. Did you all make a change -- make -- Is that factually correct? Under auditing and -- accounting and audit professional services, the items that have no resolution that's listed next to them, is that correct? Am I reading the document --? Ms. Jones: And item -- Chair Hardemon: Okay. On your amended budget, Page -- Ms. Jones: Yes, sir. Chair Hardemon: -- you have Page I and you have Page 2. Ms. Jones: Okay. City of Miami Page 90 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: Page 2 lists a number of items that have no resolution; is that correct? Ms. Jones: For administrative costs? Okay. Chair Hardemon: It's under accounting -- it says, "Accounting Audit," and then "Professional Services." And then, "Other Contractual Services." There's only one - - there's only two items that have a resolution out of maybe -- I don't know -- 11 or 12. Ms. Jones: Because we have not -- and I'll be happy to go through it, sir. We will make the amendments. One of them is for the redevelopment plan, the budget that we're coming back to the CRA Board for. The other, for contractual services, we are hiring outside counsel. That has to be approved by the CRA Board. We have the urban park. We have security for the park. Chair Hardemon: I asked you -- My question is, is the document that I'm reading, is it correct? Ms. Jones: The old budget that you have received, sir, is not the actual one, but we will make all of the amendments, as recommended by the board, to make sure the items that have no resolution are updated. Chair Hardemon: So between the last time that we saw this and this time that we saw this, everyone knew that there were items on here that -- that this thing wasn't correct, and it just was never corrected, and that's my thing about it. And I -- you know -- I don't mind reconsidering this stuff now, but I think that you give Chris an opportunity to do this. Let's not entertain any motions on it right now. Let's go to public comment, let these people say what they need to say -- Commissioner Reyes: Sure, sure. And -- Chair Hardemon: -- and then come back. Commissioner Reyes: -- after we finish this, I have another motion to -- another directive to the City Attorney to go and reconsider the global agreement in its entirety. So we have to reconsider and see if we can get out of some of the things that -- Chair Hardemon: All right. Well, let's get some business taken care of first, okay? All right. Commissioner Carollo: And there's two different -- Commissioner Reyes: No, no, no, but that's -- I said, "afterwards. " Commissioner Carollo: There's two different ones. Commissioner Reyes: I just don't want you to be chewing on it. Chair Hardemon: So it'll be clear, we have moved to reconsider the item and we're just -- Commissioner Reyes: That's right, yes. Chair Hardemon: -- not considering it at the moment. City of Miami Page 91 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Okay. Later... Vice Chair Russell: We're going to take our attention to the resolutions. There was a motion and a vote approving the reconsideration of RE.S, the Omni CRA (Community Redevelopment Agency) mid year amended budget. I believe staff is here, and I believe they have met with some Commissioners to see if they can satisfy some of the concerns. Is that what has happened? Commissioner Gort: Nope. Isiaa Jones (Chief Legal Officer, Midtown/Omni Community Redevelopment Agency): Yes, Commissioner. We have made the recommendation to do the amendments in regards to the no resolutions to update that to make that reflected, and also to put the footnote, as suggested. Vice Chair Russell: So there would be a footnote in the budget, recognizing that there is an ongoing discussion, perhaps a dispute, between the City and the Agency with regard to the $2 million. I see here that you also clarified which items have been resolved at the board and which have not. So the non -resolved items that the board has not voted on could be deallocated for now within the budget, which is what Commissioner Hardemon was alluding to. Commissioner Reyes, you had -- Commissioner Reyes: I move for -- I mean, the -- there was a move -- I mean, for approval, and I think that was second by -- Vice Chair Russell: Well, that vote completely lost. Your motion to reconsider -- Commissioner Reyes: My motion -- Vice Chair Russell: -- to reconsider the item did pass, so now we are reconsidering it. Commissioner Reyes: Now I'm moving for accepting the -- Vice Chair Russell: Thank you very much. I -- I'll open the floor for any discussion, as well, since this is a new item, if anyone would like to speak on the item. Commissioner Carollo: I do, but -- Vice Chair Russell: Just public comment first, please. Commissioner Carollo: -- Vice Chairman Russell seconding that motion. Vice Chair Russell: I'm sorry? Commissioner Carollo: You're seconding the motion. Vice Chair Russell: I have not yet. I'm offering for public comment. Commissioner Carollo: Yeah, but -- Commissioner Gort: I'll second. Vice Chair Russell: It's been seconded by Commissioner Gort. City of Miami Page 92 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Okay, for discussion. Chris? Vice Chair Russell: Please? Is there anyone from the public --? Commissioner Carollo: We missed -- Vice Chair Russell: Commissioner -- Commissioner Carollo: --you, Chris; can you getup here? Vice Chair Russell: --please, Commissioner, through the Chair. Is there anyone -- Commissioner Carollo: I am. Vice Chair Russell: --from the public who would like to speak on this item? Seeing none, I'll close public comment. Commissioner, you'd like to hear from -- Commissioner Carollo: Chris. Based upon what you have heard here today, from the accounting point of view, from the budgeting point of view, on the bank loan information, where the Omni CRA put down the liability on that money based upon the statements that were made that, indeed, in the fiscal year '16/17, 2 million was paid, do you feel that that money is owed and that contract is binding? Christopher Rose (Director, Ojfce of Management & Budget): Yes, sir. The Omni CRA -- until this is resolved, I would say the Omni CRA does owe the funds. Commissioner Carollo: Okay, all right. Now, you also stated that you feel that with the certain footnotes, it could get us by, and I respect that. I differ with that opinion, because the difference between this -- this is not like the example you were given of possible monies coming in; that you can't budget it if -- you know, this may be coming, maybe not. But this is a legal contract that could only be broken, changed, either through a court of law or through all the parties, and there are four parties that were part of it; even though a fifth party, the Bayfront Trust, is affected, but that party is part of the City. So with what I've heard here that just this year alone, financial papers, under the penalty of perjury, were handed to a bank that clearly stated that those were liabilities that were owed, when -- in fiscal year '16/17, and it was done in year 2017 -- they do pay $2 million. I find it dijfcult to grasp how anyone could think that by just putting a footnote, we're going to be providing a real balanced budget, as the State law requires. And if that's so, then, my God, we could do all kinds of stuff with our budget. In fact, I guess we've done it in the past; that's why twice, the Securities and Exchange Commission has come down on us. We're the only city in America that's been dragged to court, and we lost the court case, and had to pay a hefty fine of at least a million dollars, not to mention what it cost in attorney's fees. Mr. Rose: Yes. Commissioner Carollo: For those reasons, I will be voting against this item. If it could have been balanced the way the Chairman was asking originally, where we didn't have to put all these items now, because they're not going to be spent into the future, that was a different story. That would have been, I think, the responsible way of doing it. But the way we're doing it, I don't think it's responsible, because we never should have taken any additional projects, any additional expenses, without having resolved this first. Commissioner Reyes: Chris? City of Miami Page 93 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Rose: Yes, sir. Commissioner Reyes: Do you feel comfortable with the -- what has been done? Commissioner Gort: I guess so. Mr. Rose: Yes, sir. Commissioner Reyes: You feel comfortable. I mean, it fulfills all the requirements, accounting requirements? Mr. Rose: Yes, sir. Commissioner Reyes: Okay, and that's it. Vice Chair Russell: Thank you. Commissioner Carollo: So would you put your job on the line with the State on that? Mr. Rose: I just did, sir. Commissioner Carollo: Okay. Commissioner Reyes: Yes. Okay. Commissioner Carollo: All right. Vice Chair Russell: Thank you very much. Commissioner Carollo: Remember those words. Commissioner Gort: Call the question. Vice Chair Russell: With no further discussion, all in favor of passing the budget of the Omni CRA, say "aye. " Commissioner Reyes: Aye. Vice Chair Russell: Aye. Vice Chair Russell: All opposed? Commissioner Carollo: Nay. Commissioner Gort: Amendments. Vice Chair Russell: With amendment of the footnotes, yes. Thank you. Commissioner Reyes: With amendments. Vice Chair Russell: Noted. Todd B. Hannon (City Clerk): Motion passes, 3-1, as amended. City of Miami Page 94 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Thank you very much. We have the remainder of the RE agenda, which is -- I don't believe we passed the other RE's. We had started to before lunch and we did not, ifI'm not mistaken. Commissioner Carollo: I think we did -- Vice Chair Russell: So -- Commissioner Carollo: -- except -- Commissioner Gort: I don't think we -- Mr. Hannon: The only -- Vice Chair Russell: I don't believe there was an actual vote. It was -- Mr. Hannon: -- remaining is RE.13. Commissioner Carollo: Yeah, that's what -- Vice Chair Russell: So RE's I through 4, and 6 through -- Commissioner Carollo: Yeah, everything (UNINTELLIGIBLE). Vice Chair Russell: -- were passed, except for RE.13. Commissioner Carollo: 13. Vice Chair Russell: Okay. So then RE. 13. And staff was going to help me with something here. Administration was going to help me with a visual. RE.6 RESOLUTION 4309 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S and Mayor ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS FROM THE AYES: MAYOR'S SHARE, IN A TOTAL AMOUNT NOT TO EXCEED FIVE - THOUSAND DOLLARS ($5,000.00) TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE 2018 PEOPLE MATTER FEST; 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-18-0269 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 6, please see "End of Resolutions. " City of Miami Page 95 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.7 RESOLUTION 4310 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S Commissioners ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS FROM THE and Mayor MAYOR'S SHARE IN A TOTAL AMOUNT NOT TO EXCEED FOUR THOUSAND DOLLARS ($4,000.00) TO INTERNATIONAL SOLIDARITY FOR HUMAN RIGHTS, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR GENERAL PROGRAM FUNDING; FURTHER 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-18-0270 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 7, please see "End of Resolutions. " RE.8 RESOLUTION 4311 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE and Mayor MAYOR'S SHARE OF THE CITY OF MIAMI'S (`CITY") ANTI- POVERTY FUNDS IN A TOTAL AMOUNT NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) TO LA CASITA FOUNDATION CORP., A FLORIDA NOT FOR PROFIT CORPORATION, FOR GENERAL OPERATING COSTS; FURTHER 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-18-0271 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.8, please see "End of Resolutions. " Citv ofMiarni Page 96 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.9 RESOLUTION 4312 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE ALLOCATION OF CITY OF MIAMI ("CITY") and Mayor ANTI -POVERTY INITIATIVE GRANT FUNDS FROM THE MAYORS SHARE, IN A TOTAL AMOUNT NOT TO EXCEED FIVE -HUNDRED DOLLARS ($500.00), TO LUMANA GLOBAL CORPORATION, A FLORIDA PROFIT CORPORATION, FOR THE COMMUNITY MEMORIAL EVENT; 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-18-0272 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.9, please see "End of Resolutions. " RE.10 RESOLUTION 4313 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY and Mayor INITIATIVE GRANT FUNDS FROM THE MAYORS SHARE IN A TOTAL AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) TO THE WOMAN'S CLUB OF COCONUT GROVE, FLORIDA, A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE HUMAN TRAFFICKING INITIATIVE WORKSHOP; 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-18-0273 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.10, please see "End of Resolutions. " Citv ofMiami Page 97 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 REA 1 RESOLUTION 4308 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S and Mayor ("CITY") ANTI -POVERTY INITIATIVE GRANT FUNDS FROM THE DISTRICT 3 SHARE IN A TOTAL AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) TO THE MIAMI-DADE COUNTY COMMUNITY ACTION AND HUMAN SERVICES DEPARTMENT, FAMILY AND COMMUNITY SERVICES DIVISION, FOR ITS SCHOLARSHIP PROGRAM IN THE ACCION/LITTLE HAVANA COMMUNITY; 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-18-0274 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.]], please see "End of Resolutions. " City of Miami Page 98 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.12 RESOLUTION 4210 Department of A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, Finance FLORIDA ("CITY"), WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-16-0374 ADOPTED BY THE CITY COMMISSION ON JULY 29, 2016 AND SUPPLEMENTING RESOLUTION NO. 07- 0586, ADOPTED BY THE CITY COMMISSION ON OCTOBER 11, 2007, RELATING TO THE ISSUANCE BY THE CITY FROM TIME TO TIME OF CERTAIN SPECIAL OBLIGATION BONDS PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; PROVIDING FOR THE ISSUANCE OF ONE OR MORE ADDITIONAL SERIES OF SUCH SPECIAL OBLIGATION BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $130,000,000, TO BE DESIGNATED CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION REFUNDING BONDS, SERIES 2018A (STREET AND SIDEWALK IMPROVEMENT PROGRAM) AND CITY OF MIAMI, FLORIDA TAXABLE SPECIAL OBLIGATION REVENUE AND REFUNDING BONDS, SERIES 2018B (STREET AND SIDEWALK IMPROVEMENT PROGRAM) (COLLECTIVELY, THE "SERIES 2018 BONDS"), FOR THE PRINCIPAL PURPOSE OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS AND FINANCING CAPITAL PROJECTS; PROVIDING THAT THE SERIES 2018 BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT, BUT SHALL BE PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; DELEGATING TO THE CITY MANAGER AUTHORITY TO DETERMINE THE TERMS OF THE SERIES 2018 BONDS WITHIN PRESCRIBED PARAMETERS; DESIGNATING A BOND REGISTRAR AND PAYING AGENT FOR THE SERIES 2018 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BOND COUNSEL, THE CHIEF FINANCIAL OFFICER AND THE FINANCE DIRECTOR, A PAYING AGENT AND BOND REGISTRAR AGREEMENT; FINDING NECESSITY FOR A NEGOTIATED SALE OF THE SERIES 2018 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BOND COUNSEL, THE CHIEF FINANCIAL OFFICER, THE FINANCE DIRECTOR, AND THE FINANCIAL ADVISOR, A BOND PURCHASE CONTRACT; APPROVING THE INITIAL DRAFT FORM OF AND AUTHORIZING THE CITY MANAGER TO UPDATE, FINALIZE, AND DISTRIBUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE CHIEF FINANCIAL OFFICER, THE FINANCE DIRECTOR, DISCLOSURE COUNSEL, AND THE FINANCIAL ADVISOR, A PRELIMINARY LIMITED OFFERING MEMORANDUM AND A FINAL LIMITED OFFERING MEMORANDUM RELATING TO THE SERIES 2018 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR AND OBTAIN CREDIT FACILITIES AND RESERVE ACCOUNT CREDIT FACILITIES AND TO EXECUTE AGREEMENTS RELATING THERETO WITH RESPECT TO THE SERIES 2018 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM Citv ofMiami Page 99 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 ACCEPTABLE TO THE CITY ATTORNEY, THE CHIEF FINANCIAL OFFICER, THE FINANCE DIRECTOR, BOND COUNSEL, AND DISCLOSURE COUNSEL, A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT TO THE SERIES 2018 BONDS; DESIGNATING AN ESCROW AGENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE CHIEF FINANCIAL OFFICER, THE FINANCE DIRECTOR, THE FINANCIAL ADVISOR AND BOND COUNSEL, AN ESCROW DEPOSIT AGREEMENT; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE HOLDERS OF THE SERIES 2018 BONDS; AUTHORIZING THE CITY MANAGER AND ALL OTHER CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2018 BONDS, IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, THE CHIEF FINANCIAL OFFICER, THE FINANCE DIRECTOR AND THE FINANCIAL ADVISOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0277 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 12, please see "End of Resolutions. " Citv ofMiarni Page 100 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 REA 3 RESOLUTION 4367 A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING Commissioners FUNDS IN AN AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00), FROM THE AFFORDABLE HOUSING and Mayor CATEGORY OF A FUTURE SERIES OF MIAMI FOREVER TAX- EXEMPT OR TAXABLE LIMITED AD VALOREM TAX BONDS ("MIAMI FOREVER BONDS"), SUBJECT TO: (A) COMPLIANCE WITH THE CONSTITUTION OF THE STATE OF FLORIDA, THE UNITED STATES INTERNAL REVENUE CODE, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ANY AND ALL OTHER FEDERAL, STATE, AND LOCAL LAW REQUIREMENTS, AND ANY REQUIRED BOND VALIDATION, (B) APPROVAL BY THE MIAMI FOREVER BOND PROGRAM CITIZENS OVERSIGHT BOARD, AND (C) ALL OTHER MATTERS AND ACTIONS NECESSARY, IN A FORM ACCEPTABLE TO BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISORS, AND CITY ATTORNEY TO BE USED WITHIN DISTRICT 2, TOWARD SINGLE FAMILY HOME REHABILITATION FOR RESIDENTS AT ONE HUNDRED FORTY PERCENT (140%) ADJUSTED MEDIAN INCOME OR BELOW, WITH FUNDS TO BE APPROPRIATED BY SEPARATE RESOLUTION(S). MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For additional minutes referencing Item RE.13, please see "Public Comment Period for Regular Item(s). " Vice Chair Russell: With regard to RE. 13, I'm asking for the indulgence of this board as we look at how we spend our bond. The bond was considered two years ago; it failed The next year, it passed It passed at this board, and then it passed of the voters, and that was in November of last year. Seven, eight months later now, we have not allocated a dollar of this bond, but I don't understand why we have not been brought the potential projects by this Administration that we could be using with this bond Now, I'm putting out there a very simple and small one that I think we can all agree on, because we -- I decided to choose something that all of its have been involved in, and I've heard support for as a tenet of affordability. I really believe that this bond is going to be spent in three major sections. We may be dividing it by district, we may be doing it otherwise, but I'd like to get the ball rolling. One of the tenets I'd like to use of this bond for the affordability section is purchasing land. I believe that's a very efficient way that we can create affordability and control the situation. Number two would be subsidizing shovel -ready projects. We've got some that have already come to its that have a gap they need to fill, and that will be instant affordability once those are built for rental. But one of the most important tenets of affordability, which was talked about significantly at the CRA (Community Redevelopment Agency) just this week between Commissioner Reyes and Commissioner Hardemon, was how do we keep people that own single-family homes in their single-family homes? And if they are within the affordable spectrum, if they own those homes, but they are within -- under the workforce housing level or below, City of Miami Page 101 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 can we help them stay in those homes, either through energy eff ciency upgrades, new roofs, life -safety, ADA (Americans with Disabilities Act) compliance? My office has been trying to find creative ways to do this through the CRA. And thank you for passing this budget, because that will allow us to complete a full million dollars this year of renovations that we're doing in the CRA, very similar to some of these before -and -after pictures that you're seeing on your screen. In the Coconut Grove, we don't have the CRA yet, so I allocated 300, 000 of general -- CDBG (Community Development Block Grant) funds. The strings attached and the red tape involved with the CDBG funds, even though 60 homes were identified with needs and vetted as perfectly applicable for these sorts of renovations, only nine of them were done on our big home renovation day. These bond dollars can have -- can be used more nimbly, and I do believe this is 2 percent of the $100 million bond that could go towards single-family home renovation. I allocated it for District 2, because I did not want to step on the toes of others in how they would spend it. If folks want to do this citywide, I welcome it, but I think it's a very small percentage of our bond just to kick-start and get the ball rolling to say, "This is something we can do now that will help people stay in their homes. " I lookfor your support. Commissioner Reyes: Sir, can I make a comment? Vice Chair Russell: Of course. Commissioner Reyes: You see, I understand that -- I know you mean well, and I know your concerns, but I cannot support this, because I think that this bond -- we have to have a Comprehensive Plan. We cannot start taking pieces. And I would strongly recommend that we all work together and look at the needs, and do a Comprehensive Plan. As an economist, I can tell you that if we start this pinata, you see, I take 25, you take 10, we are not accom -- not going to accomplish -- What we really want to accomplish is to spend those money where they are more effective, to get the biggest bang for the buck. And I'm -- what I'm requesting from you is to give us the opportunity that we all try to, working with staff, do a Comprehensive Plan, and according to your needs, you see, the money will be assigned to your district or your need. Mr. Gort -- I mean, Commissioner Gort will also express his need, so will Hardemon, so would Carollo, so would I. Vice Chair Russell: I -- Commissioner Reyes: And we should come together and be effective, use these finds effective. Because -- Commissioner Gort: Mr. Chairman? Commissioner Reyes: -- one thing that -- what I don't want to -- I mean, what I don't want to see is that this become a pinata, you see. This piece is mine. I jump and I take 2 million, another 2 million. Let's do it the right way. Vice Chair Russell: I wholeheartedly agree with you, Commissioner Reyes, but it's been eight, nine months now. Where is the plan? It doesn't -- Commissioner Reyes: Well -- Vice Chair Russell: -- make sense to me -- Commissioner Reyes: -- hey -- Vice Chair Russell: -- that the Administration hasn't brought a plan. City of Miami Page 102 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: -- let's do it. Let's do it. Commissioner Carollo: No, no, no, no. Look, this is not fair to the Administration, you know. I don't want to be coming out having to be the one defending them, but we got a new City Manager -- Commissioner Reyes: Yes. Commissioner Carollo: -- that hasn't been here that long. He had to put his people in place. We lost quite a few top management people. He's brought them in. You have to get him the opportunity -- Commissioner Reyes: Yeah. Commissioner Carollo: -- You don't throw $400 million, you know, like that. Commissioner Reyes: That's right. Commissioner Carollo: They have to sit down, idents and that's a huge task. On top of that, we created a board to go through that. We have to respect the process. Commissioner Reyes: Yes. Commissioner Carollo: If we created a process, we have to be the first to respect that process. Commissioner Reyes: Yeah. Commissioner Carollo: Not to mention, Commissioner -- And look, at the appropriate time, I will support that. I have no problem with it, philosophically, with what you presented. I just think it's the very wrong time right now, and particularly, when you're not going to get any money out of it right now. Vice Chair Russell: It could be spent. It could be spent (UNINTELLIGIBLE) -- Commissioner Carollo: No, no. Vice Chair Russell: -- (UNINTELLIGIBLE) ready -- Commissioner Gort. Commissioner Carollo: No, you can't. See, you -- what I'm hearing then is you want to take from Peter so that Paul could reimburse it later -- Commissioner Reyes: No. Commissioner Carollo: -- and that's how we get in trouble. Commissioner Reyes: Yeah. Vice Chair Russell: Not at all. Commissioner Carollo: Well. Vice Chair Russell: Commissioner Gort. Commissioner Gort: Mr. Chairman, I have to tell you, the -- we all have the same needs. West Grove's got the need. Little Havana has it. City of Miami Page 103 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: No. We -- Commissioner Gort: Flagami has it. Commissioner Carollo: -- some of us have much greater needs. Commissioner Gort: Grapeland has it. And I agree with you; to me, home ownership is the most important thing it is. We have senior residents, owners, that right now, they have problem with their home and they need financial help. Now, at the same time, with this type of bond, you have to make the -- change some of the regulations and the issues of the $5 million, or whatever -- whatever private individual receives money from the bonds, we have to make sure you have --put a lot of conditions to it and a lot of things to make sure -- because if not, it might become a taxable instead of (UNINTELLIGIBLE). Vice Chair Russell: I'm glad for that. We're just earmarking it. But, yes, I do agree with you. Commissioner Gort: Okay. What we need to do -- I think you got the right step. I think each one of us should talk to the Administration and think of our self fsic/, how much should be dedicated to home improvement, how much should be dedicated to new homes, how much should be dedicated to buying land. I think we can put the program together. We can help the Administration. Commissioner Reyes: We can have -- and give time to Administration -- you know, the Administration should analyze the City of Miami, the needs that we have, and we -- together with us, we can work and develop a Comprehensive Plan. Commissioner Gort: Right. Commissioner Reyes: Because one thing that really bothers me is that sometimes we do things piecemeal. We want to help the City of Miami. We have -- help our residents, but we have to be effective. And I agree with you; the most important -- I mean, and I express it the other day, and I -- we have talked about this. Commissioner Gort: Look -- Commissioner Reyes: It is home ownership, but we have to -- I mean, how else we going to use it? Vice Chair Russell: Commissioner Gort. Commissioner Gort: But let me tell you, when it comes to home ownership and helping people, we have track record. Commissioner Reyes: Yes. Commissioner Gort: CDBG's (Community Development Block Grant) been doing it. Vice Chair Russell: Yeah. Commissioner Gort: CDBG knows the -- Commissioner Reyes: Yes, yes. City of Miami Page 104 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: -- needs that we have in our neighborhoods. I think they can come up and let us know, and it'll be a lot faster to do it through us than CDBG, because they have too many regulations. Commissioner Reyes: That's right. Commissioner Gort: So I think we can decide here and say, "We need to use this much for home ownership throughout the City. " Commissioner Reyes: And how we're going to do it, and that's it. We decide it and that's it. Commissioner Carollo: Well, you know -- Vice Chair Russell: That's what I was trying to do today, and I'd be open to making it citywide, but the issue is that we have a crisis, and our Community Development Department hasn't changed. It's the same that -- our folks, how long will they wait? There will be projects that come along that are time -sensitive; for example, Frankie Shannon Rolle Center. This is not a single-family home issue. Just walking away, Commissioner? Commissioner Carollo: No, no. I'm going to go over here. When you speak, I listen, really. Vice Chair Russell: This is very, very important. And for example, Frankie Shannon Rolle, we granted an up -zoning that was conditional on them finding the subsidies necessary, and they're applying, but they may not get them, and they're looking to us to help fill that gap. That'll be another issue I will be bringing to this board to say, "Does this board feel that's a good spend of this bond money?" And it may not be able to wait for a Comprehensive Plan -- Commissioner Reyes: And -- Vice Chair Russell: -- six months from now. Commissioner Reyes: -- I agree with you that we have -- it's a dire need, but what we have to do, we cannot spend money that hasn't -- Bonds have not been sold yet, you see. The bonds have not been sold yet. We have to sell the bonds and -- but meanwhile -- while the bonds are being sold, let's define the needs. Vice Chair Russell: I'd like to address that, because I believe the Administration has a different plan with the bond spend. Fernando Casamayor (Chief Financial Officer/Assistant City Manager): So we don't necessarily have to issue a bond before we identify projects. In fact, I would argue, you identify the projects and then you issue the bonds. In this particular case, which is using public money on private land, and in particular, bond dollars on private land, there are a significant amount of hurdles that we need to jump over and obstacles that we need to go around in order to establish a program whereby the single-family homeowner, who is going to be utilizing these funds, needs to understand that there are going to be some restrictions to the use -- Commissioner Gort: A lot of restrictions. Mr. Casamayor: -- some restrictions to their future potential use of their land, whether by covenant or by lien; that, you know, we need to establish these rules and these regulations for the program; that's one. Number two, we also need to figure City of Miami Page 105 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 out -- and we need guidance from the Commission to tell us how much of the $100 million is going to go to --possibly would go to revitalization of homes; how much of it would go to new stock; how much of it would go to developer, you know, grants, or developer incentives in order to build low-income or workforce housing. I -- we do have a Comprehensive Housing Plan that we are putting in front of the Commission on July 26. We're asking FIU (Florida International University) to come and do this for us. I would ask that you give at least those professionals the opportunity to take a look at our needs as a city in whole, and then take those -- what we get back from that study and see what we can do to come up with a Comprehensive Plan. We can still do certain projects as we go. For instance -- and I know this is strictly about affordable housing -- there was $200 million set aside for sea level rise and flood mitigation. There was 30 or $40 million set aside for street repairs, $7 million set aside for public safety. There are projects that we can idents very, very soon that we can come in front of the Commission and tell you, "Hey, these are some of the things that we've identified as priorities, " and we can start getting some approvals for projects. But particularly on the housing side, because it was really a $100 million kind of a general, "Hey, this is for low-income housing," I think we would very much so welcome -- whether it's by workshop or sunshine meeting or whatever you guys would think, we would very much welcome your guidance on how you would like us to craft the plan for that. Vice Chair Russell: So each of us -- we will see a plan by July 26? Commissioner Carollo: No. It's impossible. Mr. Casamayor: You will have -- Vice Chair Russell: Shouldn't be. Mr. Casamayor: George, why don't you go up and give an update? Commissioner Carollo: Look -- George Mensah: George Mensah, director of Community and Economic Development. On July 26, the City Commission would approve FIU --for FIU to undertake take the Comprehensive Housing Analysis of the City and provide us with how -- not just the bonds, but how the City, in terms of any funds that come in, we can use to help with affordability in the City. In terms of the plan for the 100 million, I think it's housing and economic development. So during the workshop, what we can do is we can make proposal as to which strategies to use; one is the -- obviously, the home ownership component, the new rental housing component, new housing for workforce, and then we also have the rehabilitation component, so. Commissioner Carollo: Yeah. And one of the key components you must take into consideration, because this is a citywide bond -- Mr. Mensah: Yes. Commissioner Carollo: -- issuance, is that you have to idents the areas of the City that have those needs -- Mr. Mensah: Exactly. Commissioner Carollo: -- and how many people in those areas have the needs, so we could know by district -- Mr. Mensah: Exactly. City of Miami Page 106 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: -- what the need is, and that's how the money needs to be spent. Mr. Mensah: That's exactly how the proposal is being written so that they will come with neighborhoods -- exact neighborhoods, what the income levels are, what they can afford. And so, that will make the determination on how to use those funds. Commissioner Carollo: Now -- Vice Chair Russell: Commissioner Gort. Commissioner Gort: Let me tell you, a $100 million is not much. Vice Chair Russell: I know. Commissioner Gort: So we have to be very careful how we place it, because we have to leverage -- Commissioner Carollo: You know well; you've been in the business. It's not much. Commissioner Gort. -- it. And we can leverage it to become a billion dollar if we leverage correct. Mr. Mensah: I also -- Commissioner Reyes: Excuse me. That is one of the reasons that I don't want to divvy it up, you see -- Commissioner Carollo: Well -- Commissioner Reyes: -- because we can use that money for leverages -- Commissioner Carollo: Yeah. Commissioner Reyes: -- and that's how we have to use it. Vice Chair Russell: All right. I -- Commissioner Carollo: To -- Vice Chair Russell: Of course, I'm in favor of a Comprehensive Plan. I'm just very frustrated that we don't have something before us. And to the process, the Oversight Board does not dictate or choose the projects; we do, under recommendation from the Administration. For lack of that, we can bring something to the board, as well. Commissioner Carollo: Well then, we could put a motion to disband them if you want. Vice Chair Russell: No, no, no. They have a job. They have a role, but they are not the ones who are selecting -- Commissioner Carollo: Okay. Vice Chair Russell: -- the projects. Ms. Mendez: But they're -- City of Miami Page 107 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: All right. Ms. Mendez: -- advisory. Commissioner Carollo: Yeah. Ms. Mendez: It is clear, they're advisory. You do -- Commissioner Carollo: Of course, they're advisory. Ms. Mendez: -- have ultimate, but -- right. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: But it's -- I'm hearing, before they even have their first meeting, that, you know, they're not going to have much of a say. They're going to advise, and we tell them already that they have to do. Vice Chair Russell: They've had quorum for a while; why do they not -- have they not had a meeting yet? I believe they're missing their City liaison or something like that. Is that the case? So things are just moving slowly on this issue, and we have crises. Commissioner Carollo: Not as slowly as you think. And let me say this to the Administration that I -- I think, Mr. Assistant City Manager, you explained this quite elegant. Most civilized cities do follow that process that you said. Now, Miami has an additional problem that no other city in America has, and that's why we have to be super extra careful in every word -- every "T" that's crossed, every I" that's dotted -- in that bond issuance, because twice already, we've been hit by the Securities & Exchange Commission. The last time, we became the only city in America that was taken to court, and we lost. We had to pay a million -dollar fine, and I don't know how much in attorney's fees. So if we go back out there and they find anything -- and believe me, if there's going to be a bond issuance that the Securities & Exchange Commission is going to check -- Commissioner Gort: It's going to be looking at us. Commissioner Carollo: -- it's going to be Miami's. If we go again and they find anything there that's wrong, strike three, you're out. It's going to be major, what's going to come our way; not to mention that the other side of that is the expenditures, to make sure that we're spending it right, how we're monitoring it. That's another major problem. So this is not what you think that --you know, it's not from one day to the other. To do this responsible for the residents of Miami, it has to follow a process. Commissioner Reyes: Madam -- Vice Chair Russell: All right. Commissioner Reyes: -- City Attorney, how many restrictions does GO (general obligation) bonds have to be used with private? That's the problem. We have to take into consideration all the restrictions that GO bonds have to -- when you are using it with the private sector. I mean, that's something that we have to take into consideration. City of Miami Page 108 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Thank you. Gentlemen, I sense the temperature here, but I will tell you, I -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: -- we are lighting afire today. This has to happen, and we need it soon, and we need it thorough; and according to Commissioner Carollo, we need it legal. So let's get it all right and let's get it done soon. I will withdraw -- I will defer this item indefinitely. I'll move to defer. Commissioner Carollo: Well -- Vice Chair Russell: I'll pass the gavel in order to do so. It'll come back in six months. Hopefully, by then we'll have a plan to which this will apply. Commissioner Carollo: -- let me just say, Commissioner -- Vice Chair Russell: Is there a second? Commissioner Carollo: -- be -- I'll second it -- careful when you light fires. Sometimes you get burned when you light them. Vice Chair Russell: All right. Is there any further discussion on this deferral -- indefinite deferral? I passed the gavel to make the motion. Todd B. Hannon (City Clerk): And Commission -- got it. Vice Chair Russell: Commissioner Gort is the Chair -- Commissioner Gort: Okay. There's a motion. Is there a second? Vice Chair Russell: -- and he seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Hannon: (INAUDIBLE) should be calling the question; he's the Chair right now. Vice Chair Russell: I apologize. Yes, of course. I passed the gavel. Commissioner Gort: All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Gort: Nay? No. No "nays. " Vice Chair Russell: Oh, okay. Commissioner Reyes: No "nay." Commissioner Gort: No "nays, " no "nays. if Vice Chair Russell: Thank you. Commissioner Gort: I said, "Nays? No." City of Miami Page 109 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 RE.14 RESOLUTION 4385 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners REQUESTING, DECLARING NO OBJECTION, AND SUPPORTING and Mayor THE CODESIGNATION BY MIAMI-DADE COUNTY ("COUNTY") OF and Mayor SOUTHWEST 17TH AVENUE (A COUNTY ROAD) BETWEEN UNITED STATES ROUTE 1/US 1 AND SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS "J.L. PLUMMER AVENUE"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-18-0279 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE.14, please see "End of Resolutions. " RE.15 RESOLUTION 4390 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PLACEMENT OF MARKER DESIGNATIONS Commissioners PURSUANT TO SECTION 54-136(1) OF THE CODE OF THE CITY and Mayor OF MIAMI, FLORIDA, AS AMENDED, IN THE PUBLIC RIGHT-OF- WAY LOCATED AT THE TRAFFIC SEPARATOR ON SOUTHWEST 13TH AVENUE, ALSO KNOWN AS CUBAN MEMORIAL BOULEVARD, BETWEEN SOUTHWEST 11TH STREET AND SOUTHWEST 12TH STREET AND ADJACENT TO THE PROPERTY LOCATED AT 1140 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, TO COMMEMORATE THE CUBAN MEN AND WOMEN THAT FOUGHT THE GUERILLA WAR AGAINST CASTRO'S COMMUNIST DICTATORSHIP BETWEEN 1960 AND 1966, SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS. ENACTMENT NUMBER: R-18-0280 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item RE. 1 S, please see "Public Comment Period for Regular Item (s) " and "End of Resolutions. " END OF RESOLUTIONS City ofMiarni Page 110 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: Let's try to, if we can, go through some resolutions, because the other ones will be read into the record. Is there any discussion about any resolution that's on the agenda? That's the RE (resolution) agenda. Commissioner Carollo: RE? Chair Hardemon: RE.1 through 15. Commissioner Gort: What is it? Vice Chair Russell: I would like to co-sponsor RE. 14, the co -designation of J.L. Plummer Avenue. Commissioner Carollo: I would like to also sponsor that. Commissioner Reyes: I'll co-sponsor that, also. Chair Hardemon: Sounds like it'll be a unanimous co-sponsorship. Vice Chair Russell: Yeah. I'll be -- Commissioner Reyes: Yes; not a bad idea, unanimous. Vice Chair Russell: -- and I'll be glad to move the RE agenda. Chair Hardemon: It's been properly moved. Commissioner Carollo: Didn't we have a ordinance or resolution that we only were going to be naming streets if the people died? Nzerie Ihekwaba (Chief of Operations/Assistant City Manager): Mr. Chair? Chair Hardemon: You're recognized. Mr. Ihekwaba: I believe Commissioner Manolo Reyes expressed interest to co- sponsor RE. 15. Vice Chair Russell: 14? Mr. Ihekwaba: 15. Vice Chair Russell: Oh, 15. Mr. Ihekwaba: And as well as 14; 14 and 15. Chair Hardemon: It'll be noted for the record. Commissioner Carollo: RE. 15 and--? Mr. Ihekwaba: And also, RE. 14. Commissioner Carollo: RE. Okay, let me look at that. 14 and 15? Mr. Ihekwaba: Yes. Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 111 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: All right. Commissioner Gort: I'd like to be in 15, also. Commissioner Carollo: Well -- Commissioner Gort: RE. 15. Commissioner Carollo: --14, it's -- Chair Hardemon: Also noted for the record, Commissioner Gort. Commissioner Reyes: For the record, I already requested Willy Gort to be a co- sponsor of that. Commissioner Carollo: Yeah. I think you guys forgot to put me there, also. Chair Hardemon: Which one is that, sir? Commissioner Carollo: 14; which I asked that before, but -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- and -- Chair Hardemon: It'll be noted for the record, RE. 14 co-sponsorship. Commissioner Gort: By the way, the reason I brought up the J.L. Plummer, knowing that he served for many years here as a member of the City Commission, but at the same time, his brother was Senator, and his father was also very active way back. It's one of the pilgrim families of the City of Miami. Commissioner Reyes: That's right. Commissioner Carollo: Well -- and you could keep going for another hour in -- Commissioner Gort: I know. Commissioner Reyes: That's right. Commissioner Carollo: -- all of the things that J.L. accomplished. Commissioner Reyes: Yes, sir. Commissioner Carollo: He served with myself and Commissioner Gort, and we're both very proud to have served with him. Commissioner Reyes: And I worked on -- when he was a Commissioner, I was an employee of the City of Miami, so I knew him very well. Commissioner Carollo: Chair, and he was a great -- Commissioner Gort: "Mia-muh " group. I remember as he said. Commissioner Carollo: Yeah. RE. 15, I think Commissioner Gort wanted to -- Commissioner Gort: Yes. City of Miami Page 112 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: -- also be a sponsor of that. Commissioner Reyes: And myself. Commissioner Carollo: Yeah. Chair, in RE.15, while we have the address of Southwest 13th Avenue, between 11th and 12th Street -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- I'd like to make a change to this resolution that it would be that address and/or on 13th Avenue, the first space that we have behind the Brigade 2506 Torch of Friendship. There's a smaller monument there for a wonderful man that was a great tango dancer, and I'm thinking maybe of putting that right behind another one that we have there, because this one here that we're approving today is extremely close to the heart of the Cuban American community and others in Miami, and I think it would be more important to see if we could put this one -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- right upfront, if we can. I don't know how we go about it with the other monument. I'll gladly pay the amount to move it right behind it, and it'll still be very visible, but if we could have an "and/or" on those two locations, then. Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes, sir. Commissioner Reyes: I want to add to -- I do agree with Commissioner Carollo. I think this is a very important part of our history; that people should know that since day one, there was opposition to the Communist regime, and there were fighters, freedom fighters that they called gorillas, but freedom fighters from one end of the island to the other. I mean, it was not only a particular place; there were thousands and thousands of men and women that took to the -- I mean, they took up arms, and they fought in very, very -- I mean, they were fiercely persecuted and totally abandoned, because no country, including the United States, supported them or sent any help, and these people were fighting with weapons that they took from the enemy. I mean, this is a very important part of our history. And I want to add that if we going to have this monument, and now that we have the representatives here, and Commissioner Carollo, I would want to add that -- I mean, in addition to having this monument, we should have a plaque, you see, a plaque on a stand that will -- I mean, it will address or will tell the history of the people that fought so bravely. And many of them, they were cut and shot on site. And all the -- they spent over 30 -some years in jail, in prison, and they were tortured, and all that. And I would like for a plaque, to include in that monument some -- an explanation of what that monument represents, and the amount of men and women, because there were women freedom fighters, also, you see, so people that come and visit would know why that monument is there. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: I would like to proudly co-sponsor RE. 15, as well. And thank you; thank the fellow Commissioners for that. City of Miami Page 113 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Thank you, Commissioner Russell. Later... Commissioner Reyes: Now, now that that passed -- Chair Hardemon: No. Let's do this: Is there a motion to approve the rest of the RE agenda; RE -- so that's everything except RE. 5? Commissioner Reyes: Yes. Commissioner Carollo: No. I need RE.15 -- excuse me -- RE.13 to be withdrawn from that so we could discuss it. Chair Hardemon: So you want to do everything except RE. 13? Commissioner Carollo: Yes. Commissioner Reyes: Okay. Commissioner Carollo: And of course, we did RE. 5, so that's not in question. Chair Hardemon: Correct. Commissioner Reyes: I have a motion that I want to make in reference to this budget. Commissioner Gort: (UNINTELLIGIBLE). Chair Hardemon: So I'll say the motion is made by Commissioner Carollo -- Commissioner Carollo: Yeah. Chair Hardemon: -- to approve -- Commissioner Reyes: Yes, sir. Chair Hardemon: -- the rest of the RE agenda, except RE. 13. Commissioner Carollo: Correct. Chair Hardemon: Okay. Seconded by the Chair. Any further discussion on that? Todd B. Hannon (City Clerk): And Chair, just for the record, RE.12 and RE.15 will be amended. Commissioner Carollo: Yeah. Chair Hardemon: Okay; it's noted. Any further discussion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RE. 1, 2, 3, 4 -- City of Miami Page 114 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 BU -BUDGET BU.1 BUDGET DISCUSSION ITEM 3242 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Vice Chair Russell: And is there a last item you would like to speak about, Commissioner? I mean -- Todd B. Hannon (City Clerk): Yes, BU. 1. Vice Chair Russell: -- Mr. Rose? Christopher Rose (Director, Office of Management & Budget): Not yet. Vice Chair Russell: I almost got us out of here. We've got one last item. Mr. Rose: BU.1 is the monthly budget update. You received it last night. You'll see Vice Chair Russell: To end on a high note. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Rose: So you will see that all the data is there. There's also some explanations of restricted funds that you can read behind it. The surplus that we're looking at is a budget surplus of 32 million in the general fund and a deficit of 4.8 in the internal service fund. If all that holds true, the fund balance would go up $2.9 million. I'll be happy to take any questions you have at this time. Vice Chair Russell: No further questions? Thank you very much, Mr. Rose. Mr. Rose: Thank you. Vice Chair Russell: Hearing no other issues, we have cleared our agenda. Do we have an executive session today? Is there --? Unidentified Speaker: It was called off. Vice Chair Russell: They called it off. The Management called it off. All right. We had an executive session scheduled today. What is the status of that, please? Because as Commissioners, we are tired, but willing to take care of our employees and work through this. City of Miami Page 115 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Unidentified Speaker: Right. We decided, in an abundance of caution, to cancel it. We have our attorneys; both of them that represent us had to leave early today, so we decided to just cancel this, and we will reschedule for another date. END OF BUDGET City of Miami Page 116 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 91a911;�d11:9[07►IIII IALyI1.1 D1.1 DISCUSSION ITEM 4026 DISCUSSION REGARDING A PRESENTATION BY THE City Manager's CHAIRPERSON OF THE FOLLOWING BOARD/COMMITTEE Office CONCERNING THEIR ANNUAL REPORT: -MIAMI SPORTS AND EXHIBITION AUTHORITY RESULT: DISCUSSED I Chair Hardemon: All right. Commissioner Reyes: Mr. Chair, I have a discussion item. Chair Hardemon: Before we -- discussion item? I know we have RE 5, right? And then -- Commissioner Reyes: Yeah, RE.S Chair Hardemon: -- we have RE. 13. Commissioner Reyes: And we have to --finally, we got to vote on it, right? Chair Hardemon: So -- Commissioner Reyes: Where is the --? Chair Hardemon: I'll let Chris get an opportunity to come back, as well. So -- Commissioner Reyes: Yes. Chair Hardemon: -- we can bring our attention back to RES. Commissioner Carollo: RE.S. Commissioner Gort: You got the -- Commissioner Reyes: RE.S is the budget. Commissioner Gort: -- Omni -- Commissioner Carollo: Hold on. Commissioner Reyes: There was a question for -- Isiaa Jones: I believe we're waiting on Chris Rose. Okay. Commissioner Carollo: Chris is still researching. Commissioner Reyes: Yes. He's praying now. Please, Lord. Please, Lord. Commissioner Carollo: Well, is there anything else that's left that we could do while Chris gets here? City of Miami Page 117 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Chris? I mean, he's in no hurry. Commissioner Carollo: I think he's heading to the Mayor's OjTce to hide there. I see him up there. Commissioner Reyes: Yes. Mayor Francis Suarez: Want me to do DL 1 ? Commissioner Carollo: Yeah. Don't let him in. Mayor Suarez: Want me to do DL 1, which is the annual report for Miami Sports & Exhibition Authority? Commissioner Carollo: Okay. Mayor Suarez: I could do that quickly. Commissioner Carollo: Do you have anything else besides that, Mr. Mayor? Mayor Suarez: I'm sorry? Commissioner Carollo: Do you have anything else besides DLI ? Mayor Suarez: No. I think everything else has been -- Commissioner Carollo: Okay. Mayor Suarez: Oh, there's a discussion item on scooters, I think, as well, that I wanted to discuss, but -- Commissioner Carollo: All right. Mayor Suarez: So the Miami Sports & Exhibition Authority, I've been -- I'm the de facto Chairman since being elected in November. This is last year's annual report. Obviously, I wasn't a member of MSEA (Miami Sports & Exhibition Authority), and I wasn't the Chairman of MSEA, so we've submitted an annual report based on that fact. I just want to state clearly for the record that this Commission, and myself included -- I've been, you know, supportive of the efforts to determine whether we should continue to have MSEA, and I think we've all discussed that openly. And I will be communicating to the board members, with the permission of this Commission, that that is something that we are analyzing, and that we will make a determination at some point in the future as to whether or not MSEA is going to remain in existence, or whether this Commission will abolish MSEA. But other than that, the, sort of, report speaks for itself. The accomplishments have to do with some grants that are -- that have been given by MSEA, that were given, you know, before I was the Chairman. There have been some more grants given this -- in one meeting that we've had. Other than that, there's not much more else to report. Vice Chair Russell: Thank you very much, Mr. Mayor. Commissioner Reyes: Now we have (UNINTELLIGIBLE). Vice Chair Russell: Do you have any questions? Commissioner Reyes: No. I'll be waiting for your report and -- City of Miami Page 118 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mayor Suarez: Okay. Commissioner Carollo: Whatever happened to the -- Mayor Suarez: Audit? Commissioner Reyes: Audit. Commissioner Carollo: -- audit that --? Mayor Suarez: It's still ongoing. We have not received the final copy. Once we do, we'll circulate it to the Commissioners, and that will obviously be part of the determination as to whether or not -- Fair? Commissioner Carollo: All right. Mayor Suarez: Okay. Okay. Vice Chair Russell: Thank you, Mr. Mayor. D1.2 DISCUSSION ITEM 4157 A PRESENTATION BY THE CITY'S EXTERNAL AUDITORS, RSM Department of US LLP, TO THE MAYOR AND CITY COMMISSION OF THE CITY'S Finance 2017 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), SINGLE AUDIT, AND MANAGEMENT LETTER. RESULT: DISCUSSED Vice Chair Russell: I'd like to draw our attention at the request of the Administration to Item DI.2, please, as we have some consultants here that we would not like to keep waiting on the clock. This is a presentation; the Comprehensive Annual Financial Report. Munriah Daniel: Yes. Good morning, Commissioners. Munriah Daniel, Assistant Director of Finance. I'd like to introduce our City's external auditors, RSM. The partner here, Donovan Maginley, will make their presentation on the annual financial audit, the single audit, and the Management Letter, in accordance with the City's Financial Integrity Principles. Donovan Maginley: Thank you. Good morning, Vice Mayor -- Vice Chair -- I'm sorry -- Commissioners and Mr. Mayor. I thought he was around. My name is Donovan Maginley, with RSM. We are the auditors for the City. As part of our arrangement, we performed an audit of the City's financial statements for the year ended September 30, 2017; and hopefully, in your package, you have the results of that audit, which includes the Annual Financial Report, along with what we call our Management Letter; a report on the single audit, along with a communication package that we are required to do, so -- as part of our professional standards. I will briefly go through some of those requirements, and if you can indulge me to just briefly address some key takeaways that we noted during the audit in the financial statements. First and foremost, we issued an opinion. Our Report was considered a Non -Modified Report, which is a clean opinion on the City's financial statements, as City of Miami Page 119 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 of September 30, 2017, which is also included in the CAFR (Comprehensive Annual Financial Report). As part of the financial statements, what we noted during the audit, some -- again, the key takeaways, the City's net pension liability -- that's highlighted in the financial statements -- is approximately $913 million; that's due to the pension funds in the aggregate. A little bit --focusing on the general fund, which is the main operating fund of the City, during the year they had a change in fund balance, which -- for purposes of commercial accounting -- net income of approximately $28.6 million. This results -- which leads down to the fund balance of the City -- has reported approximately $160 million of fund balance, of which 72.8 million is deemed restricted, and 59.8 million is deemed to be what we call unassigned and available for the discretion of Management to be used. Leading a little bit more in terms of your other reports that we issued: We issued a single audit, which is the Compliance Report on the City's expenditures for Federal and State funding during the year. We noted one finding as it relates to the State compliance, which is incorporated in the document. Inclusive in that is Management's response as it relates to how they're going to address it. Please note that in terms of the severity of findings, we did not think this to be a significant finding, but one that still needed to be reported to Management and to this body. Leading to our Management Letter; our Management Letter, which is the document which houses any conditions that we note or any rooms of improvement or best practices: During the current year, we have issued that report, which represents any findings that we noted. During the current year, we noted no new findings. However, in our follow-up of prior year's findings, there are still items that we noted there that still needs corrections, or things need to be addressed. Similar to the single audit, these -- Management has responded in terms of how they're going to mitigate and address these findings. Just as a quick notation, we don't audit the responses of Management, but as our duty, we'll follow up in subsequent audits to make sure that they have addressed the finding, and if they have not, it would be reported again to this body. As part of our -- audit -wise, I want to report to you that we had full access to Management. We were not impeded or influenced by anything that --by anyone or anything. We felt that we had full cooperation as it relates for us to execute the audit, and we have no disagreements in the application of any accounting or auditing procedures, and we felt this was a very good audit, and clean audit compared to previous years. And with that, I will turn over to any questions that you may have. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. You had brought up in my briefing a specific item that you felt was important enough to bring out specifically with regard to pension. Is that something you'd like to stress to the entire board, please? Mr. Maginley: Certainly. So in -- approximately about three or so years ago, the accounting standards made a change to governmental reporting that mandated that pension liabilities be reported in financial statements, and since then, the City has complied with that provision. This year -- again, it's highlighted in the financial statements -- and the number, as I mentioned before, is approximately $913 million that is obligated to fund the pension -- the respective pension funds that the City participates in, and this is as of September 30, 2017. Obviously, that number has changed. That number is predicated on an actuarial assumption, an accrual calculation, which is an estimate, but one that's done by a professional. And as part of our audit, our actuaries actually review the work that they do, and assess the assumptions that they do, have been incorporated in the production or the -- you know, the -- you had a production of this number. We felt it was reasonable. One thing I would say is that, as I mentioned in the briefing, a lot of our municipalities City of Miami Page 120 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 are in the same ratio or in the same boat, for the most part, in terms of their funding nature. Obviously, the City being the largest in the State, the number is somewhat magnified. Vice Chair Russell: So nearly $1 billion -- Mr. Maginley: Billion dollars. Vice Chair Russell: -- of pension liabilities for the City of Miami at the moment. Thank you. Mr. Maginley: That's correct. Commissioner Gort: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Gort: My understanding, at one time, it used to be $1.2 billion. Some payments have been made. I'm going way back, about four or five years, so -- Mr. Maginley: Right. Commissioner Gort: -- payments have been made. At this time, there's a plan that the Administration has to pay that liability. Mr. Maginley: Well, so the two -- there are two things that affect that: obviously, the contributions, but also the performance of the assets that are in the plan. Commissioner Gort: Right. Mr. Maginley: So those -- that may have contributed to the decline if you -- if your memory serves you right. I assume -- again, we don't know -- but I think Management, obviously, you know, in the continuation in terms of their budget, want to continue the required minimum -- at least the minimum funding requirements. And it is, I would assume, the Management's hope that the assets perform or out- perform -- Commissioner Gort: Right. Mr. Maginley: -- that it has done in the previous years. Commissioner Gort: Thank you. Mr. Maginley: Yeah. Chair Hardemon: Any other questions? Seeing no further questions, thank you very much. Mr. Maginley: Thank you. City of Miami Page 121 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 D1.3 4369 Commissioners and Mayor DISCUSSION ITEM DISCUSSION REGARDING CHARTER AMENDMENT. RESULT: DISCUSSED Vice Chair Russell: We have two remaining discussion items, 3 and 4. I believe that's Commissioner Reyes. Commissioner Reyes: Okay. Commissioner Carollo: 3 and 4? Commissioner Reyes: 3 and 4. Commissioner Carollo: Just 3 and 4 in the --? Vice Chair Russell: And then -- Commissioner Reyes: Yes. Vice Chair Russell: -- the RE's (resolutions). We have all of the RE's. Commissioner Reyes: That's right. That's the Manolo Reyes. I think it is 3 -- Discussion Item 3. Commissioner Carollo: Oh, okay. Yeah. Commissioner Gort: The budget. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Reyes: Mr. Mayor, please don't leave. Francis, please, don't leave. Mayor Francis Suarez: No, I'm not. Commissioner Reyes: This has to do with you. Mayor Suarez: Sure. Which is this? Commissioner Reyes: You see, we all know that there is a petition going on -- Mayor Suarez: Thankyou. Commissioner Reyes: -- for -- the Mayor is collecting signatures to place on a ballot. Commissioner Carollo: It's the committee. Commissioner Reyes: Oh, okay, committee, quote/unquote. Committee is collecting signatures to place on a ballot a different type of government -- I mean, a reform to the type of government that will be, according to what we read, a strong Mayor. I -- as a member of this legislative body, I said -- I started thinking, I said, "Either like it or not, either face it or not, we cannot hide our head in the sand; it's going to City of Miami Page 122 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 happen, and I don't want us to be left out without participating and providing our input. " And what I have done is -- and I ask for your -- I mean -- excuse my -- me for taking this initiative, and I took the liberty of developing some sort of -- I mean, this is going to be just like -- I'm presenting to all of you this -- this is going to be something that we can work from in case that we decide that we should go forward and change the type of government that we have now; use this as a template, where all of us, all of us -- I'm giving you this; we could discuss it, add, or delete from it. And I am presenting this as a template, and I want copy to you, Mr. Mayor, and I would like to discuss this, because if we agree on it, it is very simple, and it is based on division of power, where the Commission retains its power and the Mayor obtain new powers, you see. It is based on the type of government that we have, and it was developed at the national level. Commissioner Carollo: We're not going to discuss this today? Commissioner Reyes: No, no, no, no, no. You're going to take this home. Everybody's going to take this home. You are -- Mayor Suarez: I'll be quick. Commissioner Reyes: -- going to read it, and if you want to use it as a template, I think that it will be -- I mean, it will be very healthy for our government if we all come together into an agreement. And if we're going to present something to the voters, it comes from the body, you see. It comes -- it's an agreement, and we are -- I mean, we are all part of that. Mayor Suarez: Mr. Chair? Vice Chair Russell: Thank you. Commissioner Reyes: I don't know if you understand what my concern is. Vice Chair Russell: I do. We haven't studied it yet, but -- Commissioner Reyes: And why I have took this liberty to present this. It's a template, and it's very specific. I worked on it. And please, we have to have a meeting in which we will be able to discuss this; could be next meeting. And if we want to present it -- I mean, agree on it. If we agree on it, and it has to -- it's going to go to November ballot, it has to be approved before the 20 -- at the 26th meeting. Vice Chair Russell: Thank you, Commissioner. Mr. Mayor. Commissioner Reyes: Okay. Mayor Suarez: Thank you. I'll be very brief. I just want to thank you, Commissioner, and I want to thank all of you. You know, we've had multiple conversations about this. You know, you and I have talked about this multiple times. We've gone through and sort of -- Commissioner Reyes: We have argued and all of that. We yell at each other. Mayor Suarez: And we -- it's been healthy. But I appreciate this. This is very similar to the draft that I put forth in 2011, 2016. It's modeled on the County's version. And this is, you know, a draft that I find to be a very positive, you know, accomplishment of what the goal was initially, which was, essentially, a change of system of government. And obviously, it will go to the voters, and the voters will be the ultimate arbiter of whether or not they decide they want to do this or not do it. City of Miami Page 123 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 DIA 4370 Commissioners and Mayor Commissioner Reyes: And it will go to the voters if we -- Mayor Suarez: Of course. Commissioner Reyes: -- decide -- I mean -- and we are comfortable, and we think that we should change. I mean, that's why I'm bringing it, because I want everybody's opinion. Mayor Suarez: And I got this on Friday, and I've tried to spend -- you know, we've talked about this. I've spent as much time as I can. Commissioner Reyes: Yes. Mayor Suarez: I have a couple questions on it myself. We can all talk about it before, hopefully. Vice Chair Russell: Thank you. Are there any further discussion or questions on DL3? Commissioner Carollo: On what now? Vice Chair Russell: This item. Is there -- anyone else like to discuss it? Commissioner Carollo: Yeah. Do we now hold hands and sing Barney's theme song or what? Commissioner Reyes: No. Later on, we're going to hold hands. Mayor Suarez: Commissioner, if we put it on the ballot, yes, we can do that. I will do it with you. I'll do it with you. I'll do it with you. Commissioner Carollo: Okay. Commissioner Reyes: (UNINTELLIGIBLE) for you, Joe, that (UNINTELLIGIBLE). DISCUSSION ITEM DISCUSSION REGARDING DIRECTIVES TO THE CITY MANAGER. RESULT: DISCUSSED Commissioner Reyes: Don't forget; we got to vote. Vice Chair Russell: We do. We're missing a couple of Commissioners. Let's do D1.4, your discussion item, on the directives of the City Manager. Commissioner Reyes: I'm going to -- Commissioner Carollo: Where's that Item 4 in here? Commissioner Reyes: Item 4 -- City of Miami Page 124 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: What page? Commissioner Reyes: -- that's discussion regarding directives to the City Manager. I am going to -- Commissioner Carollo: What page? Commissioner Reyes: What page is --? On page 31. Commissioner Carollo: Okay. I'll get there. Commissioner Reyes: I have a list of directives that I am compiling, and the -- part of -- I mean, some of his staff, they came to me and said they wanted to deal with them. But the point is that I have -- there's bunch of directives that we have given, even -- and one that really come -- I mean, irks me a lot -- and not to say another word -- is that the first month that we were here, we voted for -- to establish Housing Authority, didn't we? Commissioner Carollo: We did, but Commissioner, if I may ask you this: Instead of going into this, I think that to make this end up a lot better for the City, it's almost good that this has happened, because, if you remember, what we had asked for and what we got -- Commissioner Reyes: Yes, I do. Commissioner Carollo: -- it was a night -and -day difference in that -- Commissioner Reyes: No, no, no. Commissioner Carollo: (UNINTELLIGIBLE). Now, I've been working a lot on this, and my missing link that I was having a problem with, I think I resolved it, because what I'm looking for is not to create more rental units. I want people to be able to buy their own apartments, paying, you know, this low monthly amounts so that they don't have to throw their money out the door in paying rent. The problem has been with a lot of the banks nowadays, they want the 20 percent down payment, and they - - you know, there's no way that most of the people that really need it can afford that. So I figured out a way that we could overcome that, and I'd like the opportunity to sit with the Manager, go over it with him. Maybe we could even have a sunshine meeting and discuss it further -- Commissioner Reyes: Well -- yes. But -- Commissioner Carollo: -- and then come back with something solid. And I'm going to give you my whole plan then on how we're going to be able to get the money to build. The Mayor and I have been having some discussions. I've taken him to places where we could get additional land that we need to. We have other places that we have land already, so I think we're going to have sufficient properties to start building in. The question is, where do we get the money for construction? And this is why we cannot afford to build a permits; that you have your money tie up for 30 years. If you have condos, you're going to be having a revolving door that you build. The minute someone qualifies and gets the keys to their new home, the bank gives you the money, and you go out and build some more, but we have to agree to certain things. That's why that hundred million dollars that we have on the bond issue is so important, because that could get us 20 percent of the way or more or less of what we need citywide, because, frankly, what I'm looking for is at least $500 million, City of Miami Page 125 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 which you're talking about half of our general fund if we were to put it out ourselves like that, and I also have some ideas on how we could go about that. Commissioner Reyes: Yes. Commissioner, but if we don't have the organization, we don't have the department or the Housing Authority, whatever it is, and we don't -- I mean, pacified [sic], what is the rule, and we don't determine how we're going to do it, and we don't organize, we have nothing. Commissioner Carollo: You're absolutely correct, and this is part of what I intend to bring back. Besides the Housing Authority, which is a sound way -- and, frankly, that's what I would prefer, rather than having a department for it -- there are other ways and other entities that we could create that -- Commissioner Gort: Mr. Chairman? Commissioner Carollo: -- can accomplish this. Vice Chair Russell: Commissioner Gort. Commissioner Gort: I think, in the meantime, I'm working with a group of individuals, and I think I'll be able to get some funding from outside of here; they're willing to do a joint venture for affordable housing. Commissioner Reyes: Yes, sir. Commissioner Gort: I'm working with DREAM (Department of Real Estate and Asset Management), and we have been able to locate some of the houses. We also be working with the Miami -Dade County and the State, and there's a lot of things that we can do. I'm beginning to do it, and hopefully, I can bring a plan together -- Commissioner Reyes: Last -- Okay. Commissioner Gort: -- within a month, ifpossible. Commissioner Reyes: I think that we should have a sunshine meeting and a work -- I mean, know what we got before -- sunshine meeting and determine what is going -- and I'm going to -- I mean, this is because of my -- that -- discussion item, that it was directives to the -- Commissioner Gort: If I may, sir? Commissioner Reyes: -- City Manager. Please. -- to the City -- that was one of the directives and one of the problems that I had. There was all -- I have about 24 other complaints that I will want to sit with the City Manager and try to get them straight, because one thing that I don't want -- and I think that it goes for every one of us -- that when we give a directive, you see, that that directive is fulfilled. It's not like you're going -- "Oh, yes, we're going to do it," and then four months comes by, nothing happens. Commissioner Carollo: Commissioner, I know how you feel -- Commissioner Reyes: You see? And -- Commissioner Carollo: -- because I've experienced some of that in the area of Code enforcement, but look, I don't think this is the day to take out a two-by-four. The Manager, you know, in all frankness, has had some personal issues to deal with, with his wife being sick, and I don't think it's appropriate today. City of Miami Page 126 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: But it could not be the Manager. I want the Manager to be aware, also; maybe he pass it down to some of his assistant or whatever -- Vice Chair Russell: Thank you, Commissioner. Commissioner Reyes: -- that it has not been fulfilled, but the thing is -- and I know that he has had some problems; nothing against directly to him. It is that when this body, anybody -- I mean -- and we vote on a directive, it must be complied with. That's what I'm trying to say. If not, we can -- I mean, we have -- there have to be consequences. Vice Chair Russell: Thank you, Commissioner. Commissioner Carollo: Your point is well -taken. Vice Chair Russell: Mr. Manager. Commissioner Carollo: This is well -taken. Emilio T. Gonzalez (City Manager): Thank you. Commissioner Carollo: Comes the end of July, you know, I'll give you the two-by- four, you know, if need be, but not tonight, please. Vice Chair Russell: Thank you very much. And that completes our discussion items. D1.5 DISCUSSION ITEM 4384 DISCUSSION REGARDING THE MULTIPLE DESIGNATION OF Department of PROPERTIES LOCATED IN THE WEST COCONUT GROVE Planning NEIGHBORHOOD. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Reyes ABSENT: Hardemon, Carollo Note for the Record. Item DI.S was deferred to the July 12, 2018, Regular Commission Meeting. Note for the Record: For minutes referencing Item DI.S, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " City of Miami Page 127 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 D1.6 DISCUSSION ITEM 4345 DISCUSSION REGARDING MOTORIZED SCOOTERS. Commissioners and Mayor RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item DI.6, please see "Public Comment Period for Regular Item(s). " Vice Chair Russell: Did you want to, while you're here, discuss DI. 6? Mayor Francis Suarez: I'm sorry? Vice Chair Russell: DI. 6 -- Commissioner Gort: Yeah. Vice Chair Russell: -- the scooters? Mayor Suarez: Sure. So, you know, as Mayor, I feel obligated to chime in on this issue. Obviously, the scooters have already sort of begun in the City, and we sent recently a cease and desist letter, because it was our analysis that there needed to be enabling legislation passed by the City Commission before they could legally operate on our right-of-ways [sic]. I personally am a big fan of the electric scooters. I think, from a transportation perspective, one of the things that I've done as the Vice Chair of the MPO (Metropolitan Planning Organization) is try to find transportation solutions in a very hot environment like ours for people to get to and from mass transit. It's a last mile/first mile solution. In the very limited time that they were operating, my understanding is that tens of thousands ofpeople use them. Certainly, we have to regulate that use, because they do use our public right-of-way, and we have to make sure that they do it carefully. We have to make sure that it doesn't create liability for the City. But I do feel that it is something that could enhance the City's ability to move its residents. I think it was enthusiastically embraced by the residents that used it in the time that it was being used, and I think we can serve as a national model, honestly, particularly for areas of the United States and of the world that happen to be hot. It's the only way to get around, you know, multiple miles without sort of sweating in the City. So I'll be looking to work with this Commission to bring forth an enabling ordinance that will take into account some of the concerns that have been expressed by some of the Commissioners, and obviously protect our public rights-of-way. Vice Chair Russell: Commissioner Gort. Commissioner Gort: The main reason I brought it up -- I'm not against it. I think it's very good. And people that want to use it, they should use it, but I think there should be a certain limit to it. I know some 14 -year-old used it, and a 14 -year-old on that type of vehicle, it could be dangerous. We had someone here today who had an accident, and he was talking about it. And what really gets me is that people who uses the City of Miami for experiment -- Mayor Suarez: Right. Commissioner Gort: -- and they ignore, and we are laughed at, because they're not complying with any ordinance. They just working out of the -- like some of the City of Miami Page 128 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 bicycles that are coming up now. We had Citibank, which it was a bicycle that we accepted by the City Commission. We put certain conditions to it, and I think it could be a revenue for the City also. So that's the only thing I ask, that we get an ordinance to make sure that we don't have any liability. Like a gentleman that fell down today, I don't know what he's going to do, but he said the reason he fell down, because the way we build and the way that we (UNINTELLIGIBLE) -- befell down and he had to go to surgery right away that afternoon. Mayor Suarez: Got it. Commissioner Gort: So -- Mayor Suarez: Thankyou. Commissioner Gort: -- I'm all for it. I think -- I don't have any problem with that. Commissioner Reyes: Mr. Chair? Mr. Chair? Vice Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: I have my concerns with it -- Mayor Suarez: Sure. Commissioner Reyes: --particularly in neighborhoods. I expressed that publicly. I don't know -- today, there was a radio station that call me in the morning, and they asked my opinion. You know the way I am; I speak up my mind. Mayor Suarez: Sure. Commissioner Reyes: And I told them that I was very concerned about these -- Mayor Suarez: Type of transportation. Commissioner Reyes: -- scooters -- Mayor Suarez: Yeah. Commissioner Reyes: -- being used in streets -- I mean, in our sidewalks; particularly in our neighborhoods, and we have very narrow sidewalks. We have a lot of people that use those sidewalks. And I cannot fathom a person going 16 miles an hour in -- on a scooter on a sidewalk. I mean, if a person just comes into the sidewalk, they cannot stop. And if you want to test that, get your car, go 60 miles an hour, and hit a pole, and you're going to see how hard it's going to be hit. You see, this could kill or it could, I mean, really hurt an individual. Another -- this is food for your thought, that another concern that I have, it is how much it will cost to regulate, and to make sure that the ordinance that is going to be put in place that it is complied by the owners of the scooters? Because if we are going -- as I ask a question that says that "Who's going to regulate them?" I said, "The police ojficer. " And then we have to request a huge number of extra police officers so they can be regulating, and I'm telling you this because no matter how much we talk and we write on regulations that shouldn't be, I have seen, even in the City of Miami -- as a matter of fact, on 22nd -- on Southwest 7th Street, between 22nd and 23rd Avenue, I have seen land bikes parked on the sidewalk, and people -- and that's a very busy street -- people that were walking, they have to get off the street -- I mean, off the sidewalk and go into the streets; that they are endangering their life. City of Miami Page 129 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mayor Suarez: Got you. Commissioner Reyes: You see, we have to be very careful what we're doing. I know that it sound -- it is very chic, very modern. You see all these use in Europe; we're not in Europe. You see, we are in Miami, and we have to be very pragmatic, very pragmatic. And the population that we have in Miami is very complex. We have a bunch of people that they are -- can't -- don't move as fast to get out of the way of this vehicle that it is riding on -- I mean, according to what I read, they could ride them on sidewalks, a sidewalk that is not even three feet. Mayor Suarez: Right. Commissioner Reyes: You see? Imagine, if a lady is --just turn the corner, and she has a baby in a stroller, and here comes this guy, 175 miles -- pounder -- at 60 miles an hour. It's faster than a defensive back hitting a receiver, because it goes faster than that. And I'm very concerned about it, very concerned about it. Mayor Suarez: Yeah. Commissioner Reyes: And also, liability, potential liability, and all of that. So we have to be very careful how we adopt that. Commissioner Carollo: Here's what I'd like to see that you put into an ordinance: First of all, we need -- whether it's a small department -- one or two people to regulate this and be on top of it. Commissioner Reyes: For the whole City? Commissioner Carollo: Well, whatever it takes. I don't know. It might be more. Commissioner Reyes: Yeah. Commissioner Carollo: But whatever the Administration feels that we need to regulate this well, and most likely, it should be in the police, but I don't want to see full-time police officers -- Commissioner Reyes: I know. Commissioner Carollo: -- handling this. They need to be fighting crime. They all -- I don't know how many companies are out there, two or more, but they need to pay a price that will go towards the regulation of this. Mayor Suarez: Sure. Commissioner Carollo: I mean, I think that's fair. Mayor Suarez: Yeah, I do too. Chair Hardemon: What is it? Commissioner Reyes: Regulation plus revenues, you see. Mayor Suarez: I'm sorry? Commissioner Carollo: Yeah. Commissioner Reyes: Regulation plus revenues for the City. City of Miami Page 130 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mayor Suarez: Sure. Commissioner Carollo: Secondly, they're the ones that want to do business here. We haven't asked them to come. We need from many of these firms hold harmless -- Mayor Suarez: Sure. Commissioner Reyes: Yeah. Commissioner Carollo: -- that they will have to pay our attorneys, and they need to put a bond upfront, right off the bat; at least a million dollars, if not more, of a bond, per incident, that they need to have out there to cover us, because what if they leave? What if they go broke? I don't want to get into that. I want to see a bond so we know we're secure, if there's incidents that we're stuck with afterwards. Last, but not least, I don't know what we have done to look at other cities that have had them, those that have them now, and those that had them and got rid of them. I believe this whole concept started in New York City. They have outlawed it. I want to know why? What happened there? Mayor Suarez: Yeah. And I would say, in the time that I've been discussing this ordinance internally, the -- I have to commend the City Attorney's Office. They've really done a pretty exhaustive, sort of national search of legislation to determine what's the best sort of practice. But I think all the comments that were made, the comments, we'll definitely take that into account. In terms of New York, you know, they obviously have a very comprehensive mass transit system, number one, which we don't. And number two, they also have much more density on the sidewalks than what we have. And so, I think in our -- I think what the Commissioner said is right, but I also look at the other side of the coin in terms of an opportunity to feed our trolley system. So, you know, I think there's two sides to the story. Commissioner Carollo: Yeah. Lastly, the only other comment I'd like to make is that we should look at this with a limited amount of time. It'll be a pilot program, citywide, to see how it works out for us, and then we revisit it six months later, whatever the time is. It shouldn't be more than a year, obviously. Mayor Suarez: Right. Commissioner Carollo: But we should revisit it, if it passes, and see how it went. My concern is very similar to what Commissioner Reyes mentioned. I look at one of the major problems that I have in District 3, and it's bicycles on the sidewalk -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- and they're actually hurting people. They knocked a tourist down a couple of weeks ago with a bicycle going through there. And these guys, they go quickly with it. They don't care. The old guy that sells the peanuts there, with a City license that he pays -- so I respect him very much -- he showed me his hand. He got hit by one of these guys with bicycles. So I'm concerned with that. Even though it's not as big as a bicycle, they go as fast, if not faster, than a bicycle. And I don't see anybody regulating, ticketing, going after these guys that are riding bicycles in the sidewalk, so I don't want to be in a situation that this happens, that they're being extremely careless, and we have no one to take action. Chair Hardemon: I don't know. I mean, I'm not one that's been impressed with these scooters, partly because it reminds me, first, of -- I guess you will call it "LimeBike" -- `LimeBikes, " because the LimeBikes end up everywhere. They just -- City of Miami Page 131 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Everywhere. Chair Hardemon: -- you find them in swales. You find them on sidewalks. Commissioner Carollo: Everywhere. Chair Hardemon: So what I've been running into with these scooters is, I found them in the right-of-ways [sic], in the middle of the sidewalk; so, of course, I think about, you know, people who have to pass by on wheelchairs, et cetera; they can't necessarily get by them. I was just in another city. I was in another city, and I saw the same sort of scooters; they were in the -- on the public sidewalk. You know, I don't really buy as much of it as they're quality options for people to use to get to, for instance, other sorts of transit or to get around in cities easier. I mean, they're a scooter. They're scooters. Commissioner Reyes: Yes, sir. Commissioner Carollo: Well, that's the bottom line. Chair Hardemon: I mean -- Commissioner Carollo: You can paint it -- Chair Hardemon: -- a bike -- Commissioner Carollo: -- any way you want to, but it's a scooter. Chair Hardemon: -- yeah. A bike, I could see. Commissioner Reyes: Call them whatever you want. Vice Chair Russell: Mr. Chairman? Chair Hardemon: But -- and so -- look -- so, you know, I'm not excited, and I'm not excited about it necessarily -- for instance, the City bikes that we have, we have designated spots for them. I think they're --it's really organized the way that it is. It doesn't cause any sort of visual disturbance to the majority of the city blocks that it's on. You can get on them. You travel -- most people know how to ride bikes; they ride bikes. Even if it's for -- if you're getting it from point A " to point `B, " or if it's for leisure. I think the scooters just sound a bit more of a -- they appear to require a little bit more skill -- Commissioner Carollo: Yeah, (UNINTELLIGIBLE). Chair Hardemon: -- and we don't have -- and then, if -- to make it visually acceptable, then the only thing I could see is you're saying, "Let's create a designated area for the scooters, " but, you know, I don't know if that's necessary when you already have bikes. Commissioner Carollo: Then the other point being -- Chair Hardemon: So it's like, we have one; why do we need the other? Commissioner Carollo: Yeah. The other point being is -- Vice Chair Russell: Mr. Chairman? City of Miami Page 132 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: -- like I've seen in my district already, they know they can't go as fast, even if they wanted to, in the sidewalks, so they're taking them to the streets. Chair Hardemon: Right. And then, look -- and I'll get -- I'll come to you, Mr. Vice Chairman. And scooters are compact, so I feel like people --you know, people have scooters, they can own scooters, and choose to take them with them wherever they like. Mr. Vice Chairman. Vice Chair Russell: Thank you. I will be sponsoring this legislation, and working and taking everyone's consideration, but I believe the Mayor's taking a lead on it; I'm certainly an advocate. I anecdotally have met my first person who is actually considering getting rid of their car, now that we would have this in place, and they tried it for the first time on a whim from their home in the North Grove, and they work in the Center Grove; it's about a mile away, more or less, and they just went on the app to see if there was one nearby, and there was one 200 yards away. He walked to it. He rode it to work down Bayshore Drive, and he's actually considering it, if this becomes a regular use of transportation. It's not for everybody, but this happened to be a 50 -year-old businessman. And, you know, there are safety issue. So I would also like to make sure that our legislation takes into account not just the commercial versions of these, but also the recreational, because people do buy them and own them on their own, and children do own them. And so, I'd like us to regulate that, as that does fall under the State statute, as well, and we will be seeing that. I would recommend that we bifurcate the bicycle issue -- Mayor Suarez: Totally agree. Vice Chair Russell: -- and make this all about the scooters, because we have a bicycle partner in the Citi Bike situation. And the difference between bikes and scooters when they get scattered and dumped, they don't have to be picked up. The scooters have to be picked up every night to be charged. And so, there is an organized pickup system so they don't just get left in a park for days and days; the bikes, however, are different. So those are just some of the things. The usage cap is very important to me, so they can't just litter everywhere. They can only put out a percentage of what is being used every day, and I think that shows we're only encouraging what people want to use from it. So those are just some of the things; there's many others, but I do look forward to it, and I think it can make a difference in Miami. Commissioner Gort: Mr. Chairman? Mayor Suarez: I do, too. Commissioner Gort: I want to make sure that I get copy, not at the end. I want to be part of the information be given to us. Rafael Suarez -Rivas (Senior Assistant City Attorney): Yes. Thank you. It was my impression that all the elected officials, as the Mayor mentioned, have the proposed ordinance, but we'll certainly run off a copy for you right now, Commissioner Gort, and you can discuss it today or you can set a time in the future where you might want to consider this on first reading, and various comments have been made by the ojficials. Mayor Suarez: Mr. Chair? City of Miami Page 133 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Mr. Mayor, I don't think you want to bring this up today. (UNINTELLIGIBLE). Commissioner Gort: I haven't seen anything. Mr. Suarez -Rivas: No. Right. No, no. This is just a discussion item. I'm just mentioning it -- Commissioner Gort: All right. Mr. Suarez -Rivas: --for the future. Commissioner Carollo: Its only a discussion item, right? Mr. Suarez -Rivas: That's all. Mayor Suarez: Yeah. This is a discussion item? Mr. Suarez -Rivas: No, no. We'll run off a copy. Commissioner Carollo: Okay. Mayor Suarez: Yeah, yeah. My understanding was that the City Attorney circulated a draft last night. Mr. Suarez -Rivas: Yes. That was -- but we -- I'll -- we'll get -- make a copy for Commissioner Gort -- Mayor Suarez: No, no, that's fine. Mr. Suarez -Rivas: -- now in case he didn't -- right. Mayor Suarez: (UNINTELLIGIBLE) that -- Mr. Suarez -Rivas: Yes. Mayor Suarez: -- she circulated a draft -- Mr. Suarez -Rivas: Yes, yes. Mayor Suarez: -- to everyone -- Mr. Suarez -Rivas: Yes. Mayor Suarez: -- not just -- Okay. Mr. Suarez -Rivas: Yes, I certainly believe so; may not have seen it. Commissioner Carollo: I (UNINTELLIGIBLE), because I'm not counting the votes up here right now, so I think that's why (UNINTELLIGIBLE). Mayor Suarez: I hear you. Listen, I -- Vice Chair Russell: Its got a ways to go. Mayor Suarez: I've been up there long enough to figure that part out. City of Miami Page 134 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: (UNINTELLIGIBLE). Mayor Suarez: But I -- look, I've take -- you know, I understand your concerns and your comments; I think they're all reasonable. I do -- I am a big believer in this. I've seen in the short time that they've been operating in the areas and in the places that I've seen them to be extremely positive, but I do think, just like with everything else that's new, it needs regulation. And so, I think that's the spirit that I'm hoping to hear from all of you, and hopefully, we can get something -- to do something that I think is innovative and that I think could serve as a model of innova -- transportation innovation in the US (United States), and hopefully, we can do it in a responsible fashion. Thank you. Vice Chair Russell: Thank you, Mr. Mayor. END OF DISCUSSION ITEMS City of Miami Page 135 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: I'll open the floor now for public comment. If you're a member of the public and you want to speak on any of the Planning & Zoning agenda items, now is your opportunity to be heard. So if you are a member of the public, approach one of the two lecterns. State your first name, your last name; you may state your address, and then what item it is that you're speaking about. Once again, this is the public comment section of this afternoon agenda. If you want to speak on any of the Planning & Zoning items as a member of the public, state your first name and your last name; you may state your address, and what item it is that you're speaking about. You're recognized, sir. Sherman Rattner: Hello. My name is Sherman Rattner. I'm the President of 1809 Brickell Avenue Tenants Association, and sort of a continuation of FI [sic] and PZ. 11, and the conversions between preserving affordable housing and preserving historic properties seems to be many of the same issues going on, and I would hope perhaps you would consider as amendments including affordable housing -- including multi family affordable housing in the same kind of incentive programs that you're discussing for historic housing, and why it should not be part of that same bill, since many of those same issues apply. One of the things that we're using that might be useful, if it's in -- if it's something you want to do, then it's kind of a carrot and a stick, and I -- hearing that young lady speaking about the impact it had on her life, and that makes me think of Bert Harris Act. But there's a lot of provisions and a way to deal with that, using the carrot and the stick, where you can discourage people from not doing something you don't want done, and encourage them to do something you do want done. So as an example, as a means of saving our affordable housing, which will expire in 2019 -- and I think this applies to the historic preservation -- I know there's a group that's planning a citizens' initiative that will incorporate zoning reversions. Essentially, it's a two-pronged approach, basically. If they do not continue in one path, keeping the affordable housing or incorporating it into some future development, then they revert back to the original zoning that existed -- in our particular case, back to 1965. On the other hand, if they incorporate the existing affordable housing or if we're talking about historic preservation, then you give them immense bonuses on what they can do with their market rate housing and affordable housing preservation; and in the same way, you would apply that to historic housing. So there are ways of dealing with this. I know in our situation, we don't have a lot of time, so I hope you will consider incorporating some of these ideas. I can go into more detail with each of your separately, if you would care to meet with me, on how we can preserve 1809 Brickell Avenue and the thousands of other affordable housing projects that are going to be lost -- Chair Hardemon: Thank you very much, sir. Mr. Rattner: -- in the same way that historic housing is going to be lost if we don't act now. Thank you. Chair Hardemon: Thank you very much, sir. Ma'am, you're recognized. Tamme Flood: Hi. My name is Tamme Flood. I live at 928 Northwest 9th Court. I'm speaking on PZ.9, which is an appeal that's coming before you by Becky and Skeet (phonetic) Long -- Becky Long and Skeet (phonetic) Perry. I'm a resident of Spring Garden, and I went to the Commission -- to the hearing on the HEP (Historic & Environmental Preservation Board) Board. There was a lot of misinformation given, and I just wanted to clarify. You have -- you should have 12 pages in the City of Miami Page 136 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 application for the HEP. Do you have the 12 pages in your full packet; do you know? Chair Hardemon: I don't know. We have to -- I have to look and -- we have to find it. Ms. Flood: I just want to make sure that you guys have seen, because there -- The Class I Permit for -- first of all, I have a copy of the Class I Permit in there for the County. It states that it's a new seawall. But in the resolution that is for today, you say that you're repairing the seawall. So that's already a discrepancy. Originally, when I came before this Commission in March the 9th -- there's two grants through FIND (Florida Inland Navigation District); one for the big park, one for the little park. And what we were saying is instead of launching people in the kayak launch into the Miami River, which we feel like is a death launch, put them in the little park, which is on the Seybold Canal. That was really the main reason for all of this. It's not that we're opposing kayakers. We love kayakers. My daughter is going to speak. She's a kayaker. But the Miami River is the wrong place to do this. The members of our neighborhood --from the Spring Garden Civic Association, you have a letter of support. They're afraid that we're going to lose the FIND Grant if we don't take the sea -- the kayak launch. The FIND Grant already has the seawall money in it. And as I understand from CIP (Capital Improvements Program), that money's been allocated; it's $500,000, just from the City. The whole project is $1.5 million to repair a seawall. That doesn't make any sense. And you're going to cut into a park. 500 square feet is going to be taken off the tip of that park. You're going to discover artifacts that have -- in that 12 pages, I have the archeological zones. We're red; we're a high red probability of archeological artifacts. They're going to stop the project. It's going to take us forever to get the seawall repaired. So we're just asking -- and Becky will make a presentation -- that you reconsider the whole thing. In the interest of economics, I mean, it makes no sense to spend $1.5 million when you could spend a hundred thousand, and you can put that money somewhere else in the City. Thank you. Chair Hardemon: Thank you very much, ma'am. Hello. Daimara Perez: Hi. My name is Daimara Perez. I am the owner and CEO (Chief Executive Officer) of American Investment Group. It's a real estate company. And I've done business for a while in the area of downtown and Brickell. I'm here to speak for PZ.2, Arts Luxury, and I'm here to ask you to consider approving this project. As a real estate broker in this area, I am really concerned, because there's a shortage of rental units, especially of larger apartments. You know, there are several that are one -bedrooms. They're very, very small, and they're very costly. And there are many young families that are looking to move to this area, especially because they work in the metropolitan area; and, as we all know, traffic is terrible, so. And there's -- there are very few apartments that are, you know, two bedrooms or more. So I think that this project will be great to satisfy those tenants that are currently looking. Also, let's say that the tenants not necessarily have a family, but they want to live in the area, again, because they work around. They could find roommates and they could still make arrangements to be able to afford. In a one - bedroom apartment or a studio, it's really hard to do that. So I really believe that by increasing the size of the units, it will greatly improve, obviously, my ability to make business and the ability of potential tenants to live in the area. Also, this area has been, let's say, revitalized. So obviously, new people living here will help the businesses around and the overall economy of the City. Again, I really appreciate that you guys take my testimony into consideration, and I look forward to you guys approving this. Thank you. Chair Hardemon: Thank you very much. City of Miami Page 137 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 George Cabrera: Good afternoon. My name is George Cabrera, and I'm at 690 Southwest 1st Court, and I'm here for PZ.2, for the Arts Project. I am the President of Cabrera Consulting Group, but the former President of one of the oldest organizations here in South Florida, Aspira, Florida. And our organization was -- is very close -- was very close by to the Arts Project. And as an educator, and as a former President servicing this community, I'm here to urge you to please consider this project. This is very important for the community. This whole live, work, and play initiative is very important for the families. The larger unit that is being built is much necessary for a lot of the young families that we service. So I'm here today before you to please consider this project. Thank you. Arva Jain: Arva Jain, 720 Northeast 69th Street, Miami 33138. I'm here to speak on behalf of FR.2, a very positive public benefits legislation. I want to thank Commissioner Carollo and Commissioner Russell for championing this legislation. I want to share with you all that the first project -- or the project that I hope gets the first benefit from this legislation is actually an affordable housing project that is in Commissioner Hardemon's district, the Chairman's district in Little Haiti. It is a -- it is designated with a 30 year covenant. And through the designation, because the designa -- because of the new legislation, it requires all monies that are benefited from the sales of TDRs (transfer development rights) and TODs (transfer development densities) be reinvested into the properties, which is really important, which was Commissioner Reyes' comment that that is built into the legislation as an important improvement; that these are monies that will now be used to produce, I think, exceptional affordable housing. I sit on the Commission of Miami Preservation, with George Manesh (phonetic) and Mr. Lieu (phonetic) and Homes for All. We had a meeting earlier this week, and one of the discussions was, "How do we come up with funding? Where's the gap funding for affordable housing?" with a focus on NOAH, Natural Occurring Affordable Housing, which tends -- which sometimes falls into culturally historic neighborhoods. So again, where, by choice, people choose to take advantage of this tool, it could be a source of gap funding. I know that I'm using it. I know that it was discussed at length in the meeting for these buildings that are, you know, multiplex buildings, so I think this is an important public benefits tool. Chairman, I'm in your district. You have -- it's the home of Palm Grove. It's home of MiMo (Miami Modern). You've seen how incentives can work; and so, I appreciate your support on this legislation. And again, very -- a lot of work by Planning & Zoning, and a lot of other people in this room. And thank you for, I think, what's going to be a very valuable tool and incentive for affordable housing and the encouragement of historic preservation. Thank you. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Commissioner Gort: You know, this mike over here is not bad. You guys can -- Katie Flood: My name is Katie Flood. I live at 928 Northwest 9th Court, in Spring Garden Historic District, and I want to address Item PZ.9; particularly, the kayak launch at Pointe Park. I am a kayak owner and a boat owner. I use the Miami River to get in and out with my 40 foot sailboat all the time. And in all my years of living near the River, I have never in my life wanted to use a kayak in such an active and dangerous waterway where cargo ships, with limited maneuverability, are passing by, you know, six times a day. And I think that the last thing you would want, you know, as our elected officials, is to put us in danger by actively placing us in their path. You're also endangering local boaters when you do this, not just, you know, kayakers and small watercraft. I think it's pretty reckless to put them in our way, to put them in the way of cargo ships. You know, you're kind of creating an enormous liability for yourselves. I know that the Florida Department of Transportation recently published studies for the marine industrial capacity of the river, and they City ofMiami Page 138 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 have plans to double its freight traffic for this year alone, so there's kind of a conflict of interest there. You're trying to increase the freight capacity, the cargo capacity of your river, but you're also trying to put small watercraft in their way. So I would greatly urge you to reconsider this entire project. Thank you. Krassi Ivanov: Good afternoon. My name is Krassi Ivanov. I'm residing at 870 Northwest 11th Street. It's apart of Spring Garden. I'm here for the past 30 years, and I was waiting to see some improvements. They're on the way. They're there -- 18 years ago, I went to the Miami Rowing Club Board, and asked them to create and open some door (UNINTELLIGIBLE) kayak (UNINTELLIGIBLE) to make this a little bit different, thinking about the European way in London (UNINTELLIGIBLE) far away from that, but there's a time we can see that the improvements, they are there. Long time ago, the president of the Rowing Club was laughing, and said, "When somebody fell on the river and on the canal, they're going to stuck there forever. This is not the case now. The river is cleaner. The canal is (UNINTELLIGIBLE). The waterways, they're a little bit different. I don't think money spent into this project, they are in the wrong place. Canoe kayak recreation you can do in the inside waterway, where there's not wakes. There are places, just like rivers, canals, and special stadiums, like we have behind the Rusty Pelican. Getting into this project, I think we're going to shut two things in one. We have the recreational possibility, and we have some type of possibility to bring some activities that they were going to create additional traffic, that never going to create additional boating, and it's going to be much quiet in the environment that's going to join them. And I think for this project, any penny that the City is going to spend is going to be in addition to -- that's what you're doing already with improving the rivers and the waterways. Please go ahead and support this issue. Thank you for your time. Chair Hardemon: Thank you very much, sir. Sir, you're recognized. Giuseppe Mantica: Good afternoon. My name is Giuseppe Mantica, 2350 Southwest 27th Avenue. I'm herein support of Item PZ.2 for two reasons: One, for the developer behind the item, and the reason why it's being asked for. The developer is J. Milton. It's one of the most reputable developers in Miami -Dade County. The family behind it is also constantly giving back to the community. The company's business model is "Build to Keep," not "Build to Sell," as many of the developers do, and this is important, because it shows how rooted they are in the community. The developer also owns approximately 10,000 units, which mostly are located in the Miami -Dade County area, which I believe makes them one of the top payers of real estate taxes in the County; I think around $9 million in 2017 alone just in real estate taxes. The company also employs around 500 people. Those are temporary jobs. We also like to consider, please, the -- those are permanent jobs. Also consider the temporary jobs that each of their projects generate for the City. Because of the previously mentioned, I urge the Commissioners to facilitate the multi -million -dollar investment that the developer will carry, which will benefit the City. In regards to the project, why is this being requested? I think that what -- the reason why they are requesting is because it's -- the change in the zoning will allow them to build bigger units, not necessarily more units. And let me tell you, as a person who has earned less than $50,000 a year, the solution is roommates. That's the solution. To be able to share a unit is what makes it affordable, is what makes it attainable. So please support this decision so that we can have roommate friendly units in that area. Thank you so much. Chair Hardemon: Thank you, sir. Linda Alger: Good afternoon. Linda Alger, 2784 Southwest 29th Avenue, 33133. I want to speak on Item PZ. 11 and 12, I believe, which are companion items to the FR City of Miami Page 139 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 first reading) item that was heard earlier. And I want to point out, when you brought up T4s, the Coconut Grove Metrorail Station, the land adjacent to it was rezoned a long time ago, and a lot of it was rezoned T4. So while that land is not on a major corridor, it actually sits off of US 1, between 27th Lane and 28th Lane. Those properties were rezoned T4. They currently back up to public storage companies; and the current project that's being built, the Casa Grove Project, which is a 12 -story building, which is, I think, up to their fourth floor now. So I just want to make sure that in a true transit -oriented zone that those T4s are not taken off the table for receiving sites for the TDDs. Thank you. Chair Hardemon: Thank you, ma'am. Sir. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs. I'm representing Parc Lofts Condominium Association, and I'd like to request intervener status for today's meeting and for the next meeting, as well, second reading. Chair Hardemon: Its not the time. Mr. Gibbs: Pardon me? Chair Hardemon: Not at this time right now. Mr. Gibbs: Not at this time? So -- Chair Hardemon: When the item comes up, whatever the item is, then we'll discuss it. Mr. Gibbs: I just want to be sure that, at that time, my clients can at least speak to the issue. Chair Hardemon: What is -- which item is it? Mr. Gibbs: Item PZ.2. Chair Hardemon: PZ.2. Yeah, when we get there, we'll discuss it. Mr. Gibbs: Okay. Thank you. Chair Hardemon: Okay. You're recognized. Luis Mata: Luis Mata, 5085 Northwest 7th Street, Unit 1001, Miami, Florida 33126. Good afternoon, Chairman and Commissioners. Thank you for the service that you provide our city. And I'm here in support of PZ. 2, and it's for three simple reasons, some of which you've heard. The first one is need, and I think that for all of us in the community that drive by that area and see it from the highway on the ground, it's basically vacant. It's barren. We have folks come in from out of town and ask us, "What's going on there? You guys going to build a soccer stadium or something there?" The answer is, "No, nothing's going up there. Nothing has been going up therefor some time. " So there clearly is a need in the area. There's also a need for income and take revenue in our city to continue to do great things, so developing there will bring us tremendous tax revenue and property tax revenue. The second reason for developing -- or for supporting this item is the solid developer, and as previously mentioned, the Miltons are committed to our community; have been for decades. And choosing to support a developer to continue the legacy left by their father, it allows us to continue to grow our city and to provide needed households for decades to come. Beyond that, I'd really approve and want your desire, but there's one last thing. And I'm serving on boards; you worry about making a decision that's City of Miami Page 140 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 going to make an impact and change what has been done previously. Well, previously, similar requests have been made, and previously, they've been approved five times. So that should provide some comfort, as it did to the PZAB (Planning, Zoning & Appeals Board) Board in passing this, and to you all, as well, that this has been done before; it should be done again with a solid developer to fill the need. Thank you, folks. Chair Hardemon: Thank you, sir. Sir. Yariel Diaz: Good afternoon, Chairman and Commissioners. My name is Yariel Diaz, 1857 Northwest 24th Street, Allapattah. I'm here in support of PZ. L As Allapattah continues to gentry, we support projects like PZ.1 that will bring more affordable housing to lower- and middle-income residents of Allapattah. Thankyou. Chair Hardemon: Sir, you're recognized. Sonless Martin: Good afternoon, Chair, Vice Chair, Commission. Sonless Martin, 14050 Northeast 6th Avenue, Apartment 310, North Miami, Florida 33161. I'm, too, in support of PZ.2. I think it's a great project. I have pretty much similar sayings, like everyone else. He's a reputable developer. I think it's great for the City. I just think this is a all-around win-win for everyone. Thank you. Chair Hardemon: Thank you. Richard Veber: Good afternoon, gentlemen. I'm Richard Veber. I live at 723 Northwest 9th Avenue. I'm here to speak against the appeal of the HEP Board decision for the replacement of the seawall at Spring Garden Pointe Park. I've got some photos I'd like passed; just small sample. The seawall will have -- be paid for by buying funds, and they -- the City has already spent, I believe, a couple of hundred thousand dollars in preparation for getting this funding available to have this project done. The seawall, in my opinion, is a liability to the City. I mean, as it is right now. There is a dip in the land there, afoot, where I think it's undermining the seawalls even, and I think it's a risk, a legal liability for the City. So I want to be -- voice my opposition to this appeal, and want to show --you to have this. Chair Hardemon: Make sure you give one of those to the Clerk. Vice Chair Russell: Thank you. Chair Hardemon: Thank you, sir. Now, is -- the dog is telling us exactly where the seawall is in this picture? Mr. Veber: (UNINTELLIGIBLE). Chair Hardemon: The dog telling us that this is the seawall? Mr. Veber: (UNINTELLIGIBLE). Chair Hardemon: Okay, Okay, got it. Thank you, sir. Commissioner Carollo: Is that dog, or -- Chair Hardemon: I thought that it was a tail, but that's a paw. That's a paw. You're recognized, sir. Commissioner Carollo: Almost thought it was (UNINTELLIGIBLE). City of Miami Page 141 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: You're recognized. Charles Greenfield: Am I recognized? Chair Hardemon: Yes, sir. Mr. Greenfield: Thank you. I'm Charles Greenfield. My family has been in Spring Garden since the 1920s, so we've been there a long time. I am also against the appeal. I think it's important that the Pointe Park maintain its openness to the general public. I think it's very, very important. The fact that there will be a kayak approach or a roadway into the canal area, I think, is very important. And more importantly, as a taxpayer, I'm thrilled that there are other sources, private sources that are going to be part of this project. I'm a little tired of always being a taxpayer that pays. It's nice to know that this is going to be a joint project between private and government funding, so that, to me, is terrific. Another point I'd like to make is, we use the park all the time, and I think it's important that people come to our neighborhood, see an open park like that. A lot of people like kayaks, explore the river. The Miami River at that point is -- has a sharp turn where the Fifth Street Bridge is, so all the freighters have to, obviously, slow down. So I think there is a minimal danger to kayakers. In addition, kayakers can do a 360 -degree turn very easily, as opposed to a jet skier or someone else who I think is in more danger than a kayaker. So I would say, please think of our park. And thank you, City Commission, for that consideration to maintain our park and open it to people. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street. Just have questions for -- some of those items are going to be up -zoning, especially the one in 8th Street and, actually, 9th Avenue, Northwest and 1st. They are being -- up -zoning from 7 --for T5 to T6. Are -- we are getting any benefit? Chair Hardemon: Is that PZ.5 and 6? Ms. Betancourt: PZ.S, yes. Chair Hardemon: PZ. S and 6 were deferred. Ms. Betancourt: That's it? That's why you are --? Okay. Questions for the PZ that have the problem with the utility connections. Are we working in any kind of way to get those private owner who have FPL (Florida Power Light) going through their property to be able to remove them? Because I see that unless it is a project -- a specific project is the one -- it gets, you know, the attention of the City, but as the City, we have many different business owners, private owner who have FPL going through your backyard, and nothing you can do about it. If anything that the City is planning on trying to help those owners who don't want those transmitters behind our backyard to protect us? That, to me, is the only thing I got to say. And if -- hopefully, that all this up -zoning that we are doing are going to be a little bit more continued with Miami 21. You know, Miami 21 is nothing that -- what we approve than what we've done now. We have done more changes to Miami 21 to change everything that we approve, than we're actually doing Miami 21. So if we're going to do more changes, are you going to -- as the City, going to plan to --for example, 7th Street, to be up -zoned, according with what the market is, that is going to be as a transit zone? Now we having, you know, all these businesses and owners who are -- lost the property in Flagler and 1st; now is new development, who bought it cheaper, and now they're doing great stuff for the future of our City, but are we planning actually in improving the whole thing for everybody who actually still own it, property, in those areas? Because that will be fair [sic/ for those who be there 30 City of Miami Page 142 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 years ago and now they have to sell because they're broke, because of construction. I think the City should try to think about those that still there and help those, as well, not just the big developers to come. Chair Hardemon: Thank you. Seeing no further comments, I'm going to close public comment at this time. PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ ORDER OF THE DAY Chair Hardemon: All right. So let's swear everyone in and try to get some public comment and get people out of here. Commissioner Reyes: Okay. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll 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: Thank you very much. Barnaby Min (Deputy City Attorney): PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, to remove the presumption of prejudice, pursuant to Florida Statute Section 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 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. Staff will then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and in the City Code, providing the appellant shall present first For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations 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 City of Miami Page 143 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 support or withhold objection to the requested action, pursuant to Section 2-8 of the City Code. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's direction -- discretion. If any Commissioner thinks that documents supplied to the Commission less than seven days before merit a continuance, the item may be continued by the City Commission. Thank you, Mr. Chairman. Commissioner Gort: Will those that wish to testify, please come forward? Chair Hardemon: Well, before -- Commissioner Gort: Sorry. Chair Hardemon: Are there any items that need to be continued, deferred, or withdrawn? Francisco Garcia (Director, Planning): Yes, sir. Chair Hardemon: Can you tell us what they are, please? And tell us what the action is first. Mr. Garcia: At present and for consideration for either continuance, deferral, or other action are the items that follow: PZ. 10 was published as an item to be deferred indefinitely. It is a companion item to one you've heard previously in the regular agenda. In addition to that, in conversations with the applicants for Items PZ.5 and PZ. 6, I have expressed my reluctance to go forward with these items at this time. I believe they are here to represent their own interests, and I would propose to the Commission that, at the very least, these items be deferred to the hearing of July 12, and I'm speaking about Items PZ.5 and PZ. 6. Chair Hardemon: Is the applicant here for PZ.S and PZ.6? How you doing, sir? Announce yourself for the record. William Riley: Mr. Chairman, for the record, my name is Bill Riley; offices located at 600 Brickell Avenue, here on behalf of the applicant for PZ Item S and 6. Chair Hardemon: Okay. Do you have any objection to the requested deferral by the staff? Mr. Riley: We understand that there are some questions that staff has, and they want to evaluate those questions with us. We have a meeting with them next week. We'd like to proceed today, if it's the will of the Commission, only on first reading. But if it's the will of the Commission to be continued, I'd just ask for the Commission to continue it to the July 12 meeting to allow us to continue to the next step. Chair Hardemon: So this is land use and it's a zoning change, PZ.5 and PZ. 6. You know, we just find that very hard-pressed. If you have a -- if you have staff saying, "Hey, they need more time, " we would assume that you do need more time. But, you know, I don't think we want to put too many things on that 12th agenda, because I think it's going to be kind of fiery. Mr. Riley: And that's my only concern, Mr. Chairman, is that because -- Commissioner Carollo: Put it on the 26th, then. City of Miami Page 144 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Riley: -- it's first reading, we believe we can answer all the questions with staff before second reading. And at second reading, if we don't meet those commitments, then second reading would have to be deferred. Chair Hardemon: Well, I'll tell you, I'm not one of those people that likes to --we do well on first reading and then second reading we -- because say I'm not here on second reading, and I hated you on first reading, but you got by on first reading. Mr. Riley: Understood. Chair Hardemon: Now you get by on second reading. So I'm just not one of those that -- I don't agree to that whole philosophy. Mr. Riley: Understood. Chair Hardemon: But other Commissioners may. Mr. Riley: If we could be deferred to July 12th? I know that's a big agenda, but we would appreciate it if that's something the Commission might consider. Chair Hardemon: Where is that? That's your district? (UNINTELLIGIBLE). Commissioner Carollo: It is a big agenda, but we could do it just a week and a half later. The 26th I think we'd meet? Victoria Mendez (City Attorney): The next one is the 26th. Commissioner Carollo: Yeah. And that shouldn't be as bad; even though I'd like to bring up to my colleagues that there is an item that I believe is going to take hours on the 12th, if we do a special meeting for it, and that's the Melreese property, and potential professional soccer. Chair Hardemon: How many -- are there any Planning & Zoning items on the 12th? Are there any Planning & Zoning items that are being scheduled for the 12th? Mr. Garcia: We have three Planning & Zoning items at present. Chair Hardemon: For the 12th? Mr. Garcia: Yes, sir. Chair Hardemon: And by that time, you'd have already had your meeting with the City. Mr. Riley: Yes, Mr. Chairman. Commissioner Carollo: Well, if you think you could fit it in the meeting, but I would suggest that if we do that -- this is going to be a full, full meeting. We're going to be here until the a.m. (ante meridiem) -- that we consider changing the meeting on the 12th to just a little before or a little after. Chair Hardemon: At least one of the issues. Commissioner Carollo: Yeah, because that's going to take hours. City of Miami Page 145 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: No, I'm -- I think you're correct as far as doing it, but, look, if you want it for the 12th, and, you know, Commissioner Carollo agrees to move it for the 12th -- it's a couple of items -- Commissioner Carollo: I have no objections in putting it in the 12th. But just remember, we might be here for a long, long time, so bring coffee. Chair Hardemon: All right. Are there any other continuances, deferrals, or withdrawals. Mr. Garcia: The one we just discussed, sir, and the indefinite deferral of Item PZ.10. Chair Hardemon: Okay. Is there a motion to approve the indefinite deferral and then the deferral to 7/12 for PZ.S and PZ.6? Oh, and indefinite -- Commissioner Carollo: They're -- I think it's a motion. We just got reminded by the City Attorney of another key item that we have that day. Chair Hardemon: Right. Commissioner Carollo: So -- Chair Hardemon: We'll see what we can do. Commissioner Carollo: Yeah. That's the motion. For any reason, Bill, we run into a little problem, we'll send -- you know -- a little pigeon with a notice. Chair Hardemon: It'll be -- it's -- Mr. Riley: I appreciate the consideration, first of all. Chair Hardemon: -- ultimately, it ends up being your time, so, you know. Mr. Riley: Understood, Commissioner. Chair Hardemon: Okay. Mr. Riley: Understood. I really appreciate the Commission's courtesy. Commissioner Carollo: Yeah. Chair Hardemon: Okay. Commissioner Carollo: Okay. There's a motion. Chair Hardemon: Been properly moved. Second it? Commissioner Reyes: Second. Chair Hardemon: All in favor, say "aye. if The Commission (Collectively): Aye. Chair Hardemon: Okay. That motion carries. City of Miami Page 146 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 PZ.1 ORDINANCE First Reading 3188 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 75-1_," URBAN CENTER -LIMITED, TO 76- 8-0," URBAN CORE -OPEN, OF THE APPROXIMATE .60 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1392 NORTHWEST 36 STREET, AND 1385 AND 1373 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For additional minutes referencing Item PZ.1, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Hardemon: Let's open up Item PZ.1. Commissioner Gort: Mr. Chairman? Chair Hardemon: Yes. You're recognized. Commissioner Gort: I have to do a Jennings disclosure. Chair Hardemon: Okay. Commissioner Gort: For PZ.1, I met with Attorney Melissa Tapanes Llahues on June 18, 2008 [sic]. We discussed the project, especially related to the zoning change. The discussion did not predispose me on any decision at this time. My decision's already based on the written record and the testimony presented in the public hearing today. On PZ.2, I met with Mr. Joseph Milton on June 26, 2018. We discussed this project, especially as related to the zoning changes. The discussion did not predispose me to any decision of this item. My decision's only based on the written records and the testimony presented in here tonight -- today. Chair Hardemon: Can you read PZ 1 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there an applicant? Commissioner Gort: Is the applicant here? Chair Hardemon: Ms. Tapanes. Melissa Tapanes-Llahues: No staff report? Chair Hardemon: You want them to go first? City of Miami Page 147 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 Ms. Tapanes-Llahues: That's absolutely fine with me. Good afternoon, Chairman, Honorable Commissioners. My name is Melissa Tapanes, withlaw offices at 200 South Biscayne Boulevard, Miami. I'm here representing Allapattah Ventures, LLC (Limited Liability Company). Joining me this afternoon is Victor Balestas, as well as Jake Morrow, with Allapattah Ventures, LLC, as well as my colleague, Maritza Haro. We're here today to discuss 1.34 acres of land that you have before you in our presentation, which the applicant owns. It's at the southeast corner of Northwest 36th Street, a major section line road, and Northwest 14th Avenue; only two blocks away from the Allapattah Metrorail Station. The purpose of this application is simply to make one congruent site for purposes of redevelopment. A portion of the property, which is the subject of this application, is zoned T5 -L, and we wish to extend the existing T6-8 zoning district to the entire 1.21 acres of land. The goal is simply to increase the permissible density of the property by 30 to 40 units to develop an efficient affordable housing project, consisting of approximately 210 units. The exact unit count will be based on the unit mix and affordable housing credits that we're applying for. We're here to respectfully request your approval of the rezoning, as well as your acceptance of the proffered covenant; consistent with the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, Miami 21, as well as the will of this Commission to increase urban infill development and the provision of affordable housing close to transit -oriented infrastructure. So just to give you a little bit of background, this slide before you is a exhibit of Ordinance 11000. Miami 21 down -zoned the southern portion of this property from C2 to the T5 -L. That's very important, because it made the T5 -L zoning district inconsistent with the -- Miami's Comprehensive Plan, which has a general commercial designation. The City did not take into account the existing uses or the unified ownership of the property. Today, the property is utilized with what we know as auto -- used auto sales, towing companies, tire, and it's abutting the T3 zoning district. These are just some pictures of the property. So this is the project site. We were before the Planning, Zoning & Appeals Board on October 2017; we deferred, because we were just in time to apply for affordable housing tax credit points. And what we did was we thought that if we were able to fund the project through the affordable housing credit applications, basically, the rezoning would not be required. So, as you know, these applications are very competitive. What we did was we submitted a full application. It was deemed acceptable. It received a maximum number ofpoints. It also received lottery ball number one. Unfortunately, the project was ultimately disqualified, because it did not meet the threshold for efficiency. What that means is, simply, we did not have enough units to make this project an efficient, affordable housing project to make it worthy of tax credits. So the application before you is simply to implement the general commercial land use in a way that is consistent with your Comprehensive Plan through T6-8 zoning to provide for affordable housing within two blocks of a Metrorail station. What we did was, to protect the T3 zoning district in response to staff recommendations and what we knew to be concerns in our discussions with Allapattah residents, including the Allapattah Neighborhood Association, we committed to townhouses along Northwest 35th Street; no vehicular access onto Northwest 35th Street, except for the parking of these townhouses; and we also committed to build affordable housing, or attainable housing in order to move this project forward in a way that we internalize the transition, as well as provide for the buffer from the T3 single family to this site. So this project is not only providing all affordable housing, but also, very notably, townhouse affordable housing units, which are in quite a bit of demand. We should mention that this is a reduction in daily trips from the current zoning district, which is, obviously, a positive to transportation in the area, as well as the utilization of transit -oriented projects, such as, you know, the Allapattah Station that is only two blocks away. So our application sets forth the goals, objectives, and policies that we're consistent with. We're here to respectfully request your approval. Pedestrianism and transit is very important to this Commission; again, less than two City of Miami Page 148 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 blocks from the Allapattah Metro Station, half a mile from the Allapattah Branch Library, one mile from the Miami's Health District --just two stops via the Metrorail --four miles from the County's largest employer at Miami International Airport. In our humble opinion, this is an ideal location to bring affordable housing to this City, and it is consistent with the Comprehensive Neighborhood Development Plan. We're here available for any questions that you may have. And we respectfully, again, request your approval of this rezoning, as well as the proffered covenant. Commissioner Gort: You have the covenant. You want to go over the covenant? Ms. Tapanes-Llahues: Yes. We definitely have additional copies. This is the same covenant that is in your packet. Commissioner Gort: Will you go over it? Ms. Tapanes-Llahues: Oh, yes, absolutely. Commissioner Gort: We have it in our package. Ms. Tapanes-Llahues: Yes, absolutely. Commissioner Reyes: While she is looking for the -- and reading, I want to disclose that I -- provisions of Miami 21 and Florida law, I, as a City Commissioner, am disclosing that I spoke to Melissa Tapanes on March 18 in regards to PZ. 1, and a representative of the development during this quasi-judicial hearing, and the subject of our meeting was -- This procedure complies with FS (Florida Statutes) 286.0015. Ms. Tapanes-Llahues: Thank you. Commissioner Carollo: I'd like to also put on the record that I spoke to Melissa Tapanes with -- The young man that I met with, was -- Ms. Tapanes-Llahues: Jake Morrow. Commissioner Carollo: -- is that the developer? Ms. Tapanes-Llahues: Yes. Commissioner Carollo: And that I also met with the developer of the project. And few times have I been impressed by -- and particularly somebody young -- in doing developments like this. He knew what he was talking about in true affordable housing, and not something when we get here that's not affordable housing. But even more so, what impressed me was that when we started talking numbers, the numbers that he gave me, based on the square foot of the units and what he was going to charge, was right on target in what affordable housing truly is. So I was very impressed with that. Ms. Tapanes-Llahues: Thank you, Commissioners. To answer Commissioner Gort's question, so this covenant has been approved by the City Attorney's Office for correctness of form. Section 2 of the covenant provides that the project is intended to be developed as a phased project, together with the parcels that are not apart of this application, which are already zoned T6-8, abutting the Northwest 36h Street Corridor. Primarily, vehicular access to the project shall not be provided on Northwest 35th Street, so long as the properties to the south are zoned T3 or below. The only exception are for the townhouses that will be provided on Northwest 35th Street. The property shall incorporate townhouses along Northwest 35th Street frontage in order to buffer the residential neighborhoods to the south. It also City of Miami Page 149 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 includes Subsection "D," which is that the project will be developed as either affordable housing or attainable mixed -income housing development as defined in Miami 21. In the event that it is not developed as affordable housing, the property shall be developed according to the T5 zoning transect regulations. Subsection "E" discuss the fact that in the event that between 2017 and 2022 -- that's five years -- that the applicant will commit to submit at least five low-income housing credit State apartment incentive loan, sale, or tax-exempt bond financing applications. And if the applications do not result in financing allocation by these entities, the project may be developed according to the T6-8 transect regulations. Commissioner Gort: Okay. Thank you. After hearing all the issues that we discussed and -- We need so much -- we talk so much about the affordable housing being closed to the transportation -- public transportation. This is one of the projects, and there's going to be many more. One of the things I'm going to ask Francisco, to please, the Planning Department look at this whole area, because this whole area has changed quite a bit. For those reasons, I'll move it. Vice Chair Russell: I'll second it. Ms. Tapanes-Llahues: Thank you, Commissioners. Vice Chair Russell: I guess I'm the Chair at the moment. Chair seconds. Let's open for further discussion. Anything? I have a question on the covenant, because I'm very in support of this item, and I was originally introduced to the team that is -- the applicant, as they're also involved in a affordable housing situation that they purchased. Recognizing the potential crisis that is happening there, I believe this is the first, if I'm not mistaken, affordable housing project they're getting into as a company, and I believe they're doing it in response to seeing the need, the need that's in the City, and so, I applaud that. For them to have hired the right people to really, you know, study our Code very carefully and find the best potential ways to maximize the affordability is great. The funding source, obviously, remains to be determined, and it looks like, primarily, we're looking at income housing tax credits, low-income housing tax credits, which, as you said, is a lottery system; obviously, our general obligation bond. And if -- this is in Commissioner Gort's district, but I would be very supportive of an expenditure of that, if it complements the low-income housing tax credits. All that being said, here's my only concern. On -- in the covenant, on paragraph `D, " it says, "The project shall be developed as either affordable or attainable mixed -income housing. " And in that same sentence, it says, In the event it is not developed attainable or affordable housing. " So those two things are kind of in contradiction. So when you say, "shall, " it means, this is going to be -- Ms. Tapanes-Llahues: Right. Vice Chair Russell: -- affordable. But then it seems that we're giving them an out right into the next paragraph, "E, " that says, If they give five applications to the low-income housing tax credits and they don't get them, they get to keep the up - zoning, but they don't have to do affordable, " and that's a little bit of a concern to me, because I don't know that that has enough teeth for us to say, you know, `All best efforts were made to find outside funding. " And maybe it's a lower level of affordability. We did this on another project where we offered an up -zoning, and there were kind of two tiers. If they get the certain subsidies, they have to do `X" affordability. If they don't get them, they have to do `X" affor' -- because we are giving an up -zoning here. Ms. Tapanes-Llahues: Absolutely. City of Miami Page 150 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: And there's a value to that, in which they should be able to find some affordability inherent to the additional volume and density that they're acquiring. So I don't want to do anything that completely lets them off the hook of affordability, so I'd like the staff to look at that between first and second. I don't have a specific amendment to it at this moment, but I'm certainly in favor of this and will support the Commissioner on this item. Commissioner Gort: You can place a ratio of affordable housing units if they don't get the funding. That's my problem. That could be part of the second reading. Ms. Tapanes-Llahues: Right. One thing that we can say is that the five applications is basically a million -dollar commitment to go forward through the cycles, and it's a five-year basic moratorium on the site. We're willing to work with you on language that is acceptable. As far as making the project affordable within the threshold, we can easily commit to workforce housing within this property as an alternative, if that's something that would address your concern. We wanted to be transparent and respectful of the process. We're happy to work with you between first and second. Commissioner Gort: All right. Let me -- there's a great need in that area for housing. And let me tell you, we had -- one of the residents in the area, she had a fire in their house, and they had to look for a location -- temporary location for three months, and she was not able to find it, and it was very expensive. And she tells me, one of the reasons -- one of the things that's happening in our neighborhood, a lot of the people buy these properties, and they use it for Airbnb -- all right? -- within the residential area. Commissioner Reyes: That's right. Commissioner Gort: And that makes the rental of the homes very, very expensive, so. Commissioner Reyes: I -- Vice Chair Russell: Francisco -- Commissioner Gort: I just wanted to put that out. Vice Chair Russell: I'm sorry. Commissioner -- Commissioner Reyes: Yes. Vice Chair Russell: -- Reyes and then the director. Commissioner Reyes: I agree with this project. And when we met -- and Commissioner Gort hit it right on the tail. There is -- this -- if it is an area that needs affordable housing, it's Allapattah, and more development, also. And I will approve -- I mean, I approve of this project, and I will support it. Ms. Tapanes-Llahues: Thank you. Vice Chair Russell: Mr. Director. Francisco Garcia (Director, Planning): Thank you for the opportunity. I would first like to say that we certainly agree with the intent of the project and that it aligns very nicely with many of the City's policies, particularly as pertains to affordable housing, and we certainly will work with the applicant to support their efforts going forward. I would be remiss if I didn't point out that our greatest concern and the City of Miami Page 151 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 reason why our recommendation was ultimately denial, as you see on the record and as I've discussed with you in briefings, is that the up -zoning of the T5 component of this parcel to T6 would bring T6 zoning to immediately abut a T3 -O-zoned area, and that, as you know, is a condition that we'd like to avoid whenever feasible. What I'd like to do, with your permission, is also to pursue with the applicant -- and as I understand in the covenant, there are already provisions to having the southern portion of the site developed as townhomes -- Commissioner Gort: Right. Mr. Garcia: -- mindful of the fact that there is an abutting condition they need to reconcile somehow. What I'd love to be able to do is to try to work out a means whereby there is a strip of land of some depth that is left at T5, if at all possible, because that gives assurances that that buffer will continue in perpetuity. That said, we certainly have no objections to anything that has been stated on the record. Commissioner Reyes: That was my concern when we met. And by having those townhomes as buffers, I think that addresses my concerns between -- having T3s that (UNINTELLIGIBLE) -- that's -- will be like a border. Ms. Tapanes-Llahues: So in response to the director's comments, T6-8-0 abuts T3 all throughout the City. This is just an excerpt of this area in particular, and that's just a part of what happens in the City of Miami. So what Miami 21 really encourages is compatibility, and that's what the townhome buffer does. The issue with that, we do require the density for the T6-8, and that's the purpose of this application. Its simply for density purposes. But we'll continue to work with the department to ensure that there is that internalized transition and buffer within the site. And thank you for your comments, Mr. Garcia. Vice Chair Russell: Thank you. Commissioner Gort: Thank you. Vice Chair Russell: It's been moved and seconded. Is there any further comment? Commissioner Carollo: Call the roll. Vice Chair Russell: All right. Do we need to read this into the record, or we're ready to go? We'll do a roll call, please. Victoria Mendez (City Attorney): It's been read already. Vice Chair Russell: All right. Roll call, please. Todd B. Hannon (City Clerk): Roll call on Item PZ. 1. A roll call was taken, the result of which is stated above. Mr. Hannon: The motion passes on first reading, 4-0. Ms. Tapanes-Llahues: Thank you very much. Vice Chair Russell: Thank you. Ms. Mendez: And as amended, with a covenant. A covenant was -- Mr. Hannon: Oh, okay. I -- City of Miami Page 152 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Mendez: Thank you. Mr. Hannon: Covenant that was submitted into the record? Ms. Mendez: Submitted, yes. Commissioner Gort: Yeah. Vice Chair Russell: That's in there already. Mr. Hannon: And it's in the agenda. Ms. Mendez: It's already in there? Vice Chair Russell: Yeah. That's not an amendment. It's in the backup -- Ms. Mendez: Okay. Vice Chair Russell: --already. Ms. Mendez: Thank you. PZ.2 ORDINANCE First Reading 4188 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 45 NORTHEAST 16 STREET, 64, 52, 48, 42, AND 38 NORTHEAST 17 STREET, 1635 AND 1643 NORTHEAST MIAMI COURT, AND 1602, 1610, 1616, 1642, 1632, 1624 NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM 76 -24 -A -O," URBAN CORE TRANSECT ZONE - A - OPEN, TO 76-24-13-0," URBAN CORE TRANSECT ZONE - B - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. A motion was made by Commissioner Carollo, seconded by Commissioner Reyes, and was passed unanimously, to deny intervener status to Parc Lofts Condominium, pursuant to Section 7.1.4.3(d) of Miami 21, for Item PZ.2. Note for the Record. For additional minutes referencing Item PZ.2, please see "Public Comment Period for Planning and Zoning Item(s). " Vice Chair Russell: PZ. 2. City of Miami Page 153 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 Tucker Gibbs: Before you get started, Mr. Vice Chairman -- Vice Chair Russell: Yes. Mr. Gibbs. Mr. Gibbs: -- Yes. I had asked before and then I was told this was the time for me to ask for our intervention for Parc Lofts Condominium Association. Vice Chair Russell: Yes. And do you have other people here that you're representing? Mr. Gibbs: I have the property manager, who is here. Vice Chair Russell: The property manager. Mr. Gibbs: Yes. Vice Chair Russell: And did they speak at public comment or they're -- they reserved their time for now? Is that --? Mr. Gibbs: Their time for now, but I will say that -- Vice Chair Russell: If they're intervener, obviously, they go through the whole process as an intervener. Mr. Gibbs: Right. Vice Chair Russell: If not, we'll give them public comment time, but -- Mr. Gibbs: Our issue here is, I have a comment to make, but I need to be an intervener, because I need that status for second reading, as well. So I'm asking for the intervener status right now, and I will make a brief statement, and reserve my comments, if necessary -- I'll explain that, if necessary --for second reading. Vice Chair Russell: Got it. So if you could limit right now to an explanation of why you believe you should be an intervener. Before you do, Commissioner Gort, please. Commissioner Gort: No, no. I just want to hear from our departments, and I want to hear from other lawyers that we have sitting here, and -- Victoria Mendez (City Attorney): Right. He's just going to make a brief statement on the record as to why he believes he's an intervener. Based on what I've reviewed, he's an abutting property owner -- Chair Hardemon: Is it abutting -- is he abutting property owner or abutting property own -- is it property manager, is what you just described? Mr. Gibbs: So a condominium has common elements. Common elements are owned and controlled by the condominium association, and that is my basis for standing. Vice Chair Russell: Common elements. Mr. Gibbs: It's approved in courts. I represent condominiums in courts all the time. Iris Escarra: If I may, I -- Mr. Gibbs: If you have a property interest, and they do. They have a -- they own that common element -- those common elements. City of Miami Page 154 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Mendez: So he was going to state for the record the reasons why, and then we can make our determination, but based on case law in the past, people who have lived across the street from a property have been allowed to intervene, but I would rather he make his arguments, and then the board can decide. Chair Hardemon: Okay. Commissioner Gort. Commissioner Gort: Could you explain to me what's the difference between the -- what he's requesting, to be an intervene -- or being someone in opposition? Ms. Mendez: Right. So it's -- basically, as an intervener, he has interests that are usually more significant than the public at large. So sometimes the public comes in and they oppose a particular project, and what have you, but they don't have an interest in the case as an intervener does. It has a higher status. Pursuant to our Code, it was drafted that way and -- Commissioner Gort: I mean, stuff that's being built next to me and Igo as the -- Ms. Mendez: Well, it depends how -- Commissioner Gort: -- to speak against it, I'm not going to be affected. I'm not an interven -- Ms. Mendez: Right. So -- Commissioner Gort: -- I can be an intervener, also. Ms. Mendez: You can be an intervener, yes. But some people just decide to oppose a particular project by just saying their comments on the record and sitting down; others, like Mr. Gibbs' clients, like to participate much more fully. They could ask questions. They can -- so it's just a higher status. Ms. Escarra: Chair, if I may ask for your indulgence? We are objecting to the intervener status, so if I can have a few minutes after Mr. Gibbs speaks? Chair Hardemon: Sure. Ms. Escarra: Thank you. Chair Hardemon: You're recognized. Mr. Gibbs: Okay. My name is Tucker Gibbs, law offices at 3835 Utopia Court, in Coconut Grove, and I'm here representing Parc Lofts Condominium Association, which is located at 1749 Northeast Miami Court. My client is seeking intervener status, because as a neighbor immediately across 17th Street, he will -- it will be impacted by the project to a greater degree than the general public at large. That is the requirement for standing in court. It's not a requirement for standing here, but that is the standing requirement that's generally acceptable. My -- that court case says, you look at the proximity to the piece of property, you look at whether the person got noticed, you also look at their interest. So I'm going to tell you, my client is within the 500 feet notice area, because they're right across the street. My client attended, and representatives testified before the Planning, Zoning & Appeals Board hearing on this application. And my client has an interest that is greater, because my client is going to be impacted by this rezoning. The rezoning allows for a -- and your staff report shows that your rezoning -- the rezoning would allow a greater amount of square footage by the tune of over 200 percent more; that impacts my City of Miami Page 155 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 clients. Having said all of that -- Well, I'll say that if I get intervener status; if I don't, I'll go on. But for those reasons and those set forth in my letter to the City Attorney, which I presented to her this morning, I request intervener status for my clients. Chair Hardemon: I have a question for you. So it's a greater square footage, but are there a greater number of units? Mr. Gibbs: Not a greater number of units. Volumetrically, it's a bigger building, because of the additional square footage. It has an issue of -- they -- my clients have issues with the size of the building, the physical size of the building looming over theirs. Theirs is a very small -- it's a relatively small building, because when they were built, that was what was allowed there. Now they have these coming in. And in addition, your City staff has recommended denial on this. This isn't somebody just raising their hand and saying, I object, because I don't like it. " This is much more complex. Now having said all that, my clients have met with Mr. Milton and his attorney. I've been in contact with her, as well, and we're seeking to settle this matter. I'm here today essentially to establish my clients'standing. If we don't come to a settlement, we'll be back at second reading. I don't plan on putting on a case in chief here. I plan on presenting our position very briefly and moving on, letting them make their presentation. We have time between first and second reading to come to a settlement agreement or not. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. I'm sorry I'm not familiar with the "common elements" argument toward intervener status. Could you explain how you have common elements that grant you intervener status? Mr. Gibbs: Condominiums -- when you buy a condominium, you buy your unit, your four walls, but there are common elements; the lobby, walkways. The outside areas of many condominiums are common elements. The condominium association controls those elements, pursuant to a declaration of condominium that is recorded in the public records. My clients seek intervener status based on their property interests. I will tell you that I've argued this in court. I haven't even argued it. I've asserted this in court. No court has ever denied standing for a condominium association. You can just look at the dockets of cases on appeal. Vice Chair Russell: So you share a walkway, a lobby, a something, because -- Mr. Gibbs: That's right. Vice Chair Russell: -- us I see you're across the street. I'm not -- Mr. Gibbs: When you buy your unit -- Vice Chair Russell: Yes. Mr. Gibbs: -- you own a proportional share of the swimming pool, you own a proportional share of the walkways -- Vice Chair Russell: Right. Mr. Gibbs: -- of the hallways, of -- those are referred to as common elements or limited common elements. City of Miami Page 156 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: But you don't share those with the applicant? Commissioner Reyes: That's right. Mr. Gibbs: Oh, no, no, no. The applicant is the property owner across the street, but for me to have standing, my interest has to be affected by their project. Vice Chair Russell: Ah, the common elements of your clients are affected -- Mr. Gibbs: Exactly. Vice Chair Russell: -- not that you have common elements in -- Mr. Gibbs: Right, right. Vice Chair Russell: I thought you were implying that you share something with them that gives you intervener status. Mr. Gibbs: No. I apologize if that was the -- Vice Chair Russell: Thank you for clarifying. Mr. Gibbs: Yeah. No, that's not the case. Chair Hardemon: Ms. Escarra. Ms. Escarra: Thank you. Good afternoon. Iris Escarra and Carlos Diaz, offices at 333 Southeast 2nd Avenue. As Mr. Gibbs stated, there is case law that establishes what is and isn't an intervener status that the City Attorney's Office has used as guidance before. It's a four prong test. It is not one element. It is four prongs. The proximity to the property being zoned, I give that to Mr. Gibbs; he's across the street from us. There's no argument there with regards to the proximity. There is an argument with the next three elements that you need. So in Renard versus Dade County, 261 So.2d 832, Florida Supreme Court, 1972, it said, you have to have proximity to the property being rezoned, character of the neighborhood, type of change, and notice"; although notice is not considered a controlling factor. In the case of F & R Builders versus Durant, the Court held that a notice sent to property owners by an appeal board concerning an application for a special exception did not afford the property owner standing to bring the proceeding for common element [sic] certiorari challenging approval. So even though he is within the notice, it is something that they look at, but it is not a factor alone that can give him standing. The type of change being sought. The type of change being sought and the character of the neighborhood. The area is already zoned T6-24. The only change that we are seeking is from `A" to "B. " So the character of the neighborhood already has the principal designation of T6-24. So typically, character of the neighborhood elements go to when you're an industrial and you go into business or you're a residential and you go into business. Those major factors change the character of a neighborhood that, therefore, someone should be able to have standing if they're completely changing the character. We're not changing the character. It's simply going from "A" to "B. " That character already exists. Furthermore, with regards to the third element, dealing with the type of change being sought. Here, the type of change being sought with the T6-24 `A" to "B" -- again, the two elements that have the same lot coverage, the same height, the same density, the same open space, same characteristics; only difference is more square footage. Therefore, out of the four elements, Mr. Gibbs is only eligible for one of the four elements. The other three elements, I argue that he fails to meet that criteria. City of Miami Page 157 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: So -- Mr. Gibbs: Response? Oh Chair Hardemon: -- I want you to name what gives you intervener status again. And I'll tell you, from what you stated, what I'm having an issue with. Mr. Gibbs: Okay. I'm going to -- and that'll be in my response. I'll explain it in context of Ms. Escarra's response. Chair Hardemon: But you should know that I'm going to interrupt you, because I want to talk about one part of it, but go ahead. Mr. Gibbs: Okay. I won't deal with proximity; we've established that. Character of neighborhood. Your Planning Department, in their staff recommendation, talks about the character of the neighborhood, and they see this rezoning as an intrusion of higher intensity that will provide options above and beyond the zoning requirements in the proposed development, and they will say that it applies for -- it provides for larger residential unit sizes and amenities and a garage that will pull it away from the possibility to provide a mixed -income development, providing for affordable residential units as City Code req -- City goals require. So what they're saying is, "We're the same as 'B'. " Well, they're not the same as `B. " This -- the "B" allows them for, as I said, over 200 percent in square footage, which means, volumetrically, a larger, more intense building, according to your staff report. Chair Hardemon: It appears that the staff report, from what you just read, just says that it -- having a larger square footage makes it more or less affordable. That's one of the goals, to have more affordability. Mr. Gibbs: It's more intense. The staff report specifically says, more -- an intrusion of higher intensity -- Chair Hardemon: Okay. Mr. Gibbs: -- in this transitional area. Chair Hardemon: Okay. It says what? Mr. Gibbs: So what -- Chair Hardemon: Continue. Mr. Gibbs: Yes. And then I -- as I said before, that will provide options -- that's one thing it will do -- above and beyond the zoning requirements of the proposed development. It is different. What that statement is saying is, "This is different." My clients live across the street, and they're affected by that difference, because their property is less intense by a greater degree. Therefore, the impact on you, as a resident somewhere else, or me, as a resident somewhere else, I don't -- they don't -- I don't share that. They don't share that with me. And it has to be -- it's supposed to be shared --supposed to be different than the public at large. The fact that they're across the street; the fact that this is a more intense project; the fact that the City staff, your professional staff, who doesn't represent me and my -- as an attorney -- and my clients and their issue, they're saying the same thing. This is different. And they say that the boundaries where the subject properties are located do not show evidence of being illogically drawn in relation to the existing conditions, which means this is something that -- the `B" is different. It is -- three acres in the entire City of Miami Page 158 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 City is zoned this category; just three acres. And so, what we're trying to say is, "Wait a minute. This has impact on us. " And I will tell you, that impact is greater by virtue of the fact that it's closer to it and by virtue of the fact that the evidence in the record, which is this staff report, says -- Chair Hardemon: Well, what is -- Mr. Gibbs: -- that it's more intense. Chair Hardemon: -- the impact? What is the impact that you're saying is greater to you than it is to anyone else? Mr. Gibbs: The impact is the size of the building. The (UNINTELLIGIBLE) of the building. The -- Chair Hardemon: When you say -- Mr. Gibbs: It's a massive building that comes -- My clients have a smaller building. They walk out their front door -- Chair Hardemon: Butyou're going to (UNINTELLIGIBLE) -- Mr. Gibbs: -- and they're going to see this thing looming over them. Chair Hardemon: The thing about it is this: Your clients could have built -- what? - - up to how many floors? Mr. Gibbs: My ch -- I have -- Chair Hardemon: With this zoning, they could build how many, how tall? Mr. Gibbs: I don't know how -- my clients -- Ms. Escarra: 48. Chair Hardemon: Excuse me? Ms. Escarra: 48. Chair Hardemon: Right. And how many floors is the building now? Mr. Gibbs: My floors, I think it's six floors. Chair Hardemon: Okay. So -- Mr. Gibbs: That's -- Chair Hardemon: But -- so the fact of the matter is that whatever your -- this area is zoned for, that's what we're considering. It's going from one zoning to the next. I don't care if you build a one-story building. If you build a one-story building in a T6-24 area, then you've made a mistake. I understand that this was built at a different time -- Mr. Gibbs: Before -- Chair Hardemon: I understand that. City of Miami Page 159 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Gibbs: --Miami 21. Chair Hardemon: But -- no, I understand that, but now this is what it is zoned. So my point to you is that, you know, we're -- this is -- we're talking zoning now. And so, with the zoning, no matter what size your building is, you can't look at a six -story building, and then have something zoned T6-24, where you could build 48 stories, and say, "Their building is too tall. " Mr. Gibbs: I'm not saying it's too tall. Chair Hardemon: So let me say this. Mr. Gibbs: You're saying that -- you're -- I'm not saying that. Chair Hardemon: Right. So that's why -- Mr. Gibbs: I'm saying it's volumetrically larger, bulkier. That's what it is. Chair Hardemon: I'm trying to understand what is the difference -- I want -- because I want to make perfectly clear -- hear what I'm saying -- when you say that it is "volumetrically different, " I want to understand what that looks like. Maybe the Planning Director can give me some assistance with that. Mr. Garcia: I'm happy to, sir. The sole difference, practically, between T6 -24A and T6 -24B is the FLR, the floor/lot ratio. It is true that T6 -24B has a -- almost double -- actually, a little bit more than double the amount of floor/lot ratio than T64 -- T6 - 24A. That said -- and I need to emphasize this, because we will cover this later -- it is the intent, pursuant to ordinances passed by the City Commission, that this entire area that is presently T6 -24A will soon be rezoned to T6 -24B, conferring the same privileges to all the property owners in the area, one. Two, as pertains to the form or the massing, or the bulkiness, as I think Mr. Gibbs has alluded to, they are indistinguishable from one another. They both have the same height. They both have the same setbacks. It is true that T6 -24B has more development capacity in terms of square feet by right than T6 -24A. That really is the sole difference. Chair Hardemon: So how is it they can have more development capacity, but then still make up the same footprint, as you described? Mr. Garcia: So, the shell is the same. The area with -- the form of the building is exactly the same. The amount of space you can fill in with the building is the same. It so happens that in T6 -24A, you have less square feet to build within that shape, which means -- and I think it's been said before -- that likely, the unit sizes are going to be comparatively smaller. That really boils down to that. Chair Hardemon: So, for instance, if I have 100 units in a building -- Mr. Garcia: The density remains exactly the same, the number of units. Chair Hardemon: It's just that they're larger units? Mr. Garcia: Potentially, yes. And that, again, is -- again, as illustrated by the fact that the property he represents is a six -story building. That's ultimately up to the developer. Chair Hardemon: Right. City of Miami Page 160 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Garcia: The developer, though, under T6 -24B, has more square footage to develop with. Chair Hardemon: So this is my question to you: You stated that -- I just want to be clear. I wanted to find something where it reads it. To have intervener status, you have to be what again? Mr. Gibbs: A difference -- you have to have an interest, an interest that is different than the general public at large. Chair Hardemon: Was there another statement? I believe there's something else that (UNINTELLIGIBLE). Mr. Gibbs: You can quote it in there better than I can, Iris. Ms. Escarra: Its -- and this is in Renard. It says, "In determining the sufficiency of parties' interest to give standing, factors such as proximity of his property to the property to be zoned or rezoned, the character of the neighborhood, including the existence of common restrictive covenants and set -back requirements, and the type of changes proposed. The fact that a person is among those entitled to receive notice under the ordinance is a factor to be considered on the question of standing of [sic] challenge proposed. However, since the notice requirements the many zoning throughout the State vary greatly, notice requirements are not controlling on the question of who has standing. " Chair Hardemon: So the part -- what I'm trying to understand is that you have to have an interest that is greater than, say, the community, the general -- the public at large. Mr. Gibbs: Right. Chair Hardemon: So what I want to understand is, if the number of units is not changing, the amount of intensity is not changing, just simply -- the building structure is not changing. You can build what you can build, the height, et cetera. If only the square footage of each individual unit that is inside of that building is changing, how was that a negative effect, and how does your applicant then have --? Mr. Gibbs: I don't want to sound trite, but if you have three bed -room -- more three- bedroom build -- three-bedroom units, you have maybe more cars. We don't know that, because this is a rezoning. I can't say how many cars, because they -- all you're doing is rezoning the property. You're giving them to right to ask. What I'm saying is, my -- and we're getting into the merits of this. What I'm trying to say is, my clients, by virtue of the fact that they live there, they have an interest in it, they appeared in front of board, their interest is different than somebody from Coconut Grove, or somebody from Flagami. Their interest is different. And I will tell you, in the past, this very board, with you as Chairman, when I appeared here on Virginia Street -- and I sat down with the City Attorney's Office -- the issue with the City Attorney's Office was, "We can recommend if you can show us that you're within the distance, within the 500 feet notice distance. " So what did was, I brought my Wad up and I showed -- Chair Hardemon: But maybe there was something else that was already -- There are other factors to it, clearly. We depended on Renard in the past. There are other factors. So maybe if someone agreed with the other factors, and so the only outstanding factor would have been this, and they would have heavily considered that. City of Miami Page 161 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Gibbs: Ifyou're at -- Chair Hardemon: We've done neighbors who are three houses down, no; one house down, yes. So -- Mr. Gibbs: That's okay. If you're adding -- Chair Hardemon: -- Mr. Vice Chairman -- Mr. Gibbs: -- almost -- if you're adding double, almost half a million square feet that's allowed, as of right, not with the bonuses -- a half a million square feet, according to your staff report, and you're telling me that you're not more intense, okay. And I grant you, you can approve this, but I got a funny feeling a Court's going to look at that and they may have some other issues to say. Ms. Escarra: Chair, if I may add something to the record? Chair Hardemon: Yes. Ms. Escarra: Yeah. We have no problem if they want to speak as part of the public portion of the item. I did want to put Chabau versus Dade County, 385 So.2d 129, Florida, Third DCA (District Court ofAppeals) 1980, opined, the Court stated, "The association representing an individual property owner in their opposition to developer's request for zoning variances was not an aggrieved party within the meaning of Dade County Code, and therefore lacks standing to appeal the Zoning Board's decision on the variances. " Mr. Gibbs: That case is not applicable here. Ms. Escarra: Here was an important factor -- I'm not done. An important factor in that case was that the County Code did not have the criteria within it. Here, the City Code does -- has an intervener, but the criteria that is followed is case law. So the Code -- we're in a similar situation as we were in this case. And to add to the character of the neighborhood, there are five other rezonings of T6 -24B in the immediate area of this property. Commissioner Reyes: Excuse me. That was going to be my question. As I see, next to it we have canvass, right? That's a huge building that is -- I mean, that was not opposition to it. Ms. Escarra: Correct. Commissioner Reyes: They have canvass right over there. Ms. Escarra: Correct. Commissioner Reyes: And if you keep on going, I can see a lot of T6-24Bs. I mean, all of them has been -- Ms. Escarra: Correct. Commissioner Reyes: -- sold. I mean, if you're going to oppose this, you will -- you're going to have a lot of trouble, because you're going to have to be opposing everybody there, you see, because that's the way that it was -- that -- the zoning was changed to -- I mean, to 26 -- Ms. Escarra: Correct. Those five have already been rezoned, and the City is -- City of Miami Page 162 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Absolutely. Ms. Escarra: -- in the process of rezoning the whole area. Commissioner Reyes: And they're going to be built, and the only -- Another problem that I -- I mean, another thing that I have heard is, you have an opposition on the size of the apartments. As a matter of fact, in my opinion, my humble opinion, that makes -- what makes it appealing, because nowadays, we have this -- it is the new wave of micro units, and micro units, and I have stated right here on this dais that it is not considering that there's going to be families in the future that's going to be -- those -- even those people that they're going to live in a micro unit, they're going to get married, and they're going to have children, and they're going to need this type of units, units that they have two and three bedrooms. I think that by building more of those will make it more affordable, because if we build less and less of them, it is a matter -- I mean, it is a function of supply and demand. There is less supply of large units; more demand, and the price goes up. I mean, it's very simple math -- I mean, economic theory. And I don't know, but -- Mr. Gibbs, I have one thing that I want to convince myself is that why this building specific, when we have two other buildings across the street from you, and there's a bunch of buildings that they have been zoned the same way, and one of them has been built canvass, which is a monstrosity. Chair Hardemon: But the thing about it is this: I don't want you to get too far into why these other ones you did not, but I will say this: That "in determining the sufficiency of a party's interest to give standing" -- I'm reading from Renard -- "to challenge action of zoning authorities, factors such as proximity of his or her property to be zoned or rezoned" -- that's one of them -- "character of the neighborhood" -- that's two of them -- "including the existence of common restrictive covenants and set -back requirements, and the type of change proposed are considerations. " So all those things are things to be considered, right? And what the Commissioner described, though, by saying all these other T6-24Bs is the character of the neighborhood. Commissioner Reyes: That's right. Chair Hardemon: And so, this character of the neighborhood, when you have these sorts of buildings that are already there, you have these sorts of designations that are already there, the same general setback requirements, all these things are the same, except for larger development capacity -- well, greater square footage per unit. Those are the things that makes me -- make me feel like that you don't have an interest that is greater than the general public, because nothing's -- when I consider all these things to be together, just because you're 500 feet close --you're within 500 feet and you got some notice, there's not much that's really different. If this thing was going from a six -story building to a 24 -story building by way of zoning, then I could probably see things your way. You know, you're going from a --this sort of height to other form of height because of the zoning, that makes good sense, but it's not doing that here. You're already within the sort of zoning. You're changing from A" to `B. " Changing from A" to `B" allows you to do `XYZ, " and that has happened one, two, three, four -- on five other sites that are very close to the site that's being considered right now. So the character of the neighborhood is really that. Commissioner Reyes: The character of the neighborhood, right there. Mr. Gibbs: Well, if the character -- the character of the neighborhood is defined by different things. The rezoning is a rezoning that happened. Rezoning applications City of Miami Page 163 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 that Ms. Escarra has talked about do not talk about the character, because those haven't happened before. So the -- and the question of my client's standing, based on case law that deals with a homeowners association, does not deal with a condominium association and a condominium association standing. That case has absolutely no bearing on this at all. And the City hasn't rezoned a lot of those properties that had been asked for, but Igo back to the real reason. The real reason is, this applicant is getting a half a million square feet under this rezoning that he didn't get -- he didn't have before. That's what he's getting. And so, the question that my clients have is that is more intense. I don't care what anybody says. Whether it's 500,000 square feet of three bedrooms, two bedrooms or one bedrooms, that's a lot more building that's allowed. Chair Hardemon: Your client -- Mr. Gibbs: And that in itself -- Chair Hardemon: -- will your client ever rebuild his building? Mr. Gibbs: Pardon me? Chair Hardemon: Will your client ever rebuild his building? Mr. Gibbs: My client is a condominium association, and they have -- How many members do you have? Chair Hardemon: It's very difficult. Mr. Gibbs: How many? Chair Hardemon: It's very difficult to -- Mr. Gibbs: 72? Chair Hardemon: It's very difficult -- Mr. Gibbs: It's almost impossible. So my clients are stuck, and again, that goes to their -- Chair Hardemon: But see, that's the -- Mr. Gibbs: -- standing, because they are -- Chair Hardemon: Yeah, but that makes me feel like it's all about spite. That makes me feel -- Mr. Gibbs: Spite? My clients have -- you -- my clients have been talking to -- and I've been talking to Iris, and we're pretty doggone -- I don't even want to get there -- But the fact is, I came here to ask for standing on the off chance that we would have a second reading, where we would be in opposition. I didn't expect it to be a half an hour -- Chair Hardemon: That's what happens when people come asking for standing. We actually think about -- Mr. Gibbs: Hey, I get it. I've done it before. I understand, I understand. Chair Hardemon: What do you think, Mr. Vice Chair? City of Miami Page 164 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Chair? Vice Chair Russell: Thank you for asking. Commissioner Reyes: I'm ready to vote. Vice Chair Russell: I actually -- I'm listening very closely, and I don't know it has to do with us making judgment on how much impact they have, but whether or not they have standing to complain or not about that impact. Do they -- are they affected more than me living in the Grove? I would say, `Absolutely, yes. " I would say, how much and by what? That has yet to be determined as the application goes forward. You may be very well right that they are not very affected, but are they affected more than someone two miles away? Absolutely, in my mind. And do they meet the distance requirement? Absolutely. But I don't -- as will remain to be seen whether or not their standing actually has an effect on the application itself. So far, the temperature here is not so much, but there are a lot of facts we don't know, but we would never know if they -- if their standing's not granted. So I'm open. Ms. Escarra: If I may? Chair Hardemon: Is -- you know, before -- Commissioner Gort: Make your motion. Chair Hardemon: This thing said, the type of change proposed -- Go ahead. You want to say something? Commissioner Carollo: Yeah. Thank you. I -- you know, I just vote here, so I just wanted a minute. Mr. Gibbs: Well, a very important one. Ms. Escarra: It would actually be two votes. This is just to see if he could speak during the item. Commissioner Carollo: Yeah. I -- Ms. Escarra: Then we actually have to hear the item. Ms. Mendez: So just to remind everyone, the importance of the intervener status is because -- if he wants to question staff, if he wants to question witnesses, if he wants to ask questions, he can; more so than the public that just speaks two minutes. So that's why Mr. Gibbs is so adamant. Commissioner Carollo: I perfectly understand that, and I appreciate it. To both attorneys and others, can I speak now? Chair Hardemon: Yes. Commissioner Carollo: Thank you. Before I speak, I want to divulge, according to the law, that I did speak briefly with Luis Mata and the developer of the property, Mr. Milton. Did I meet with you to speak to you about this? No. It was another matter. Remind me, whatever it was later on. But having said that, Tucker, you kind of pooh poohed one -- not both -- of her case of laws that she cited. Do you have any case law that you want to cite? City of Miami Page 165 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Gibbs: Off the top of my ahead beyond Renard, no, I don't. Commissioner Carollo: Okay. Mr. Gibbs: I mean, I -- no. Commissioner Carollo: Okay. Vice Chair Russell: Mr. Chairman? Ms. Escarra: I -- if I -- Vice Chair Russell: What I really believe, this is about standing or not standing; is about protection of our decision as it goes forward on a potential appeal. If someone comes back and says our decision was wrong, and they did not have the ability to make themselves heard, our decision could be overturned. Am I wrong there? And so, it's really not about how much he's affected, but whether he should be in the room to discuss it, and that's just looking at wanting to make sure that we cover ourselves and that our decision is sound. Same thing on the flip side. If we allowed someone to intervene that shouldn't be intervening and they change our decision, that would obviously give grounds on a later decision to -- Ms. Escarra: If I may, Commissioner Russell. He still has the ability to speak and put it -- his information on the record. He could still have standing to appeal later on as speaking as part of the public comment. He just -- I'm -- I -- he hasn't met all the four criteria in Renard, which is the one case he's citing, which is the case I'm citing, to be able to speak during the item. So he will have standing on appeal, should he decide to take it that far, if he speaks as part of the public component and not during the item. Vice Chair Russell: Madam City Attorney, Iris has mentioned that we need to meet all four criteria; is that correct? Or is it we must consider all four of these criteria in making a decision, but it's pretty open-ended? Ms. Mendez: As -- I don't necessarily think that they need to meet all four criteria. 1 think that they just need to prove that they have a definite interest that exceeds the general interest in the community, and then all the other factors that the Chairman put on the record having to do with the distance, characteristics; all those things come into play. And then he gave a nice synopsis of when you put it all together, then this Commission makes their decision based on all that. Vice Chair Russell: Got it. Commissioner Carollo: If I may ask Tucker a question. Tucker, one of the key elements that you brought out that, you know, kind of struck me was that you have a six -story building and they're going to build a 48 -story building, so that's going to block their sun, their view, their sky. I don't know what else it could block. Was that one of the elements you brought out? Mr. Gibbs: I said that they have a six -story building, and they will have a building next to it that looms over it in volume. Commissioner Carollo: Yeah. Mr. Gibbs: And that's -- Commissioner Carollo: And volume which is -- City of Miami Page 166 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Gibbs: -- and I can't -- I won't make the argument -- Commissioner Carollo: -- (UNINTELLIGIBLE). Mr. Gibbs: I know where you're going, I think. I will not -- as an attorney and as a member of the Florida Bar who knows my case law, I will not make the argument that my clients' views are something that can argue. Commissioner Carollo: Okay. Mr. Gibbs: So I don't argue that. Commissioner Carollo: All right. The -- Mr. Gibbs: I can't. Commissioner Carollo: -- volume in height, even if they don't get to build one more inch, is still going to be humongous in significance next to a six -story building. I mean, I'm going to give you an example. My mother's house, which is in Manolo's district -- and that reminds me that she wants to complain to him about something that was done without her getting notification, and I'm wondering if it was done so that he and I would get into a fight, but, you know -- She has got -- is duplex zoned, but she's got a single-family home, and next door to it -- I don't know how it was done -- they built seven stories on the side. That is tall. It really has an effect, because she's two lots away from that. And then in front, about a quarter of a block, they built 20 stories. Even if I would have half the mass of those two buildings, it still would be huge. So if you're zoned for 48, but the problem was -- and here's where I think the problem really lies -- that this building was built way before Miami 21 came into play; that they could have the mass, the height, this here; and obviously, anything beyond six stories that's going to be built there in the same mass that they have is going to be a bother to them. Mr. Gibbs: 2006 was when the project -- when our building was built, and our building was built that way because I believe that was -- was that allowed? Was anything bigger than that allowed at that site? Mr. Garcia: My research indicates that the zoning at the time was Cl, which would have allowed a greater height than that. Mr. Gibbs: But that was one of the first buildings built in that area, was it not? I'm sorry; I didn't mean to cross-examine you. Commissioner Carollo: Okay. Well, the bottom line, I think, that -- you know, whenever it was built or not, I think what I had stated, it still stands. And this is where I really see the problem; that no matter what is going to be built there, your client is going to feel that he's going to be affected, and he's going to, you know, be against it. The problem is that the whole neighborhood has changed. If you were telling me, "Well, that's the only building there, " but it's not. Look at all around. Commissioner Gort: You can sell the air rights. Mr. Gibbs: If that's the case, why not wait till this is -- rezoning happens? Why not give the people who live in the neighborhood the opportunity to speak on the rezoning as a whole? Because right now, what just happened -- according to Iris, what has happened is these five sites -- you're saying there are five sites that had been rezoned already. City of Miami Page 167 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Escarra: Already. Mr. Gibbs: That those five sites had been zoned piece by piece, and now the City is saying, "Okay, we're going to do everything. " Commissioner Carollo: That -- Mr. Gibbs: So when -- Commissioner Carollo: -- sounds logical, and I agree with you on principle, but that's not the way the City usually goes about it. Mr. Gibbs: Don't say it that way. Commissioner Carollo: I -- well -- but that's the truth. I'm dealing with this in another issue in my district, and I feel for the man, because he's one individual that, you know, he's not going to want to flip. It's his property. (UNINTELLIGIBLE) it. And one of my concerns was, "Well, why are we doing this at one time?" And it's because that's the nature of the beast, but you have that already. Now you want to stop them and make him wait all this time, and I don't think it's right. I think the -- look, wherever this goes, up or down, it should be heard already, and that's my opinion. I feel for your clients, because, as I described, I've seen my mother's property. You know, I see it on a weekly basis, but, you know, that's not their fault. Chair Hardemon: So is there a motion regarding the intervener status that anyone wants to make? Commissioner Carollo: I'm going to make a motion to deny it, based on everything that I stated, based on case law that I heard and -- with the exception of one of the two case laws that counselor objected to, because he said he was the homeowners, not a condo association; and even though there are difference, I don't think, for this particular matter, there's that great of a difference on it. I will make a motion to deny his request. Commissioner Reyes: Whose request? Make -- Mr. Tucker? Chair Hardemon: Is there a second to that motion? Commissioner Reyes: I second it. Vice Chair Russell: Discussion. Chair Hardemon: You're recognized. Vice Chair Russell: I'm okay on this one either way. I just want our decision to be safe; that the decision we make is very sound; that we've considered all the facts. We've approved several of these already, and some before this Commission -- was this Commission and the prior Commission, we approved some, because the intention was, even in my first year in office, to create a T6-2413for this entire area, and it's taken so long that several projects have tried to move ahead with the -- you know, forecasting what our intention is to do anyway. So, I don't know how much it's -- the intervening is going to affect or not affect in everything we've discussed up here. I just want to make sure, if they're supposed to be at the table that they're at the table, because in the past, if someone's across the street, it pretty much triggered the intervener status for -- And Francisco's description is actually the first time I've ever heard that T6 -24B doesn't actually change the shape of the building. I had -- City of Miami Page 168 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: Yes. Vice Chair Russell: -- you know, I -- Commissioner Reyes: And -- Mr. Chair, and I -- if -- I feel for the -- your client, because -- but the thing is, the reality is that when you -- they -- that building was built, that was prior to Miami 21, you see. Vice Chair Russell: But I hadn't finished. My question was just to the City Attorney. Commissioner Reyes: Oh. Vice Chair Russell: In your opinion, based on the criteria that we're considering, are we safe in saying that there shouldn't -- this is not a qualified intervener? Chair Hardemon: And I want to -- before she says something, the difference, though, in our intervening statuses in the past is that we've been in like T3 areas. These were homes, like single-family homes, and they wanted to build -- Commissioner Reyes: Yes. Chair Hardemon: -- a parking garage -- Vice Chair Russell: A parking garage. Chair Hardemon: -- or things like -- like other things -- Vice Chair Russell: Yeah. Chair Hardemon: -- that were different that changed the character -- Vice Chair Russell: Right. Chair Hardemon: -- true -- of the neighborhood, so -- Vice Chair Russell: But a 40 -story in front of six stories is the equivalent of a parking garage -- Chair Hardemon: No, no. Vice Chair Russell: -- in front of a single-family home, right? Chair Hardemon: But, look -- no, you're saying, a 40 -story, but they share the same -- they -- T6-24 -- Vice Chair Russell: Yeah. Chair Hardemon: -- A " or `B, " but -- so they build a six -story building, but if they were to build it today, they'd build a 40 -story building. Commissioner Reyes: Yeah. Commissioner Carollo: That's the difference. Commissioner Reyes: That's the -- City of Miami Page 169 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: They could still build it. Vice Chair Russell: That is true, but -- to me, that doesn't speak to whether or not they're an intervener, that's all; you know, how much it affects them or not, but I'm open to this as long as we're legally sound in it. I'm open to this not being -- Commissioner Carollo: I'm with you on that. I'm glad you're learning to be legally sound before we vote, so -- Commissioner Reyes: Call the question. Commissioner Carollo: -- I 'm joining you on that one. Ms. Mendez: At the end of the day, the Chairman, I think, did the analysis as to why, if you vote as to not granting the intervener status, as to the reasons why, and you've given reasons. You don't feel that the interest is more than the general public. You don't feel that there are certain characteristic of the change in the neighborhood that would grant this type of status to them. Your reasons have --and you've articulated several reasons, so -- reason enough to make your decision. Commissioner Reyes: As I was saying before, it was -- I mean, construction of your clients' building was before Miami 21. Miami 21 -- Vice Chair Russell: Doesn't matter. Commissioner Reyes: -- came around and changed everything. Commissioner Carollo: 2010, I believe. Commissioner Reyes: 2010, right? 2009, 2010. Commissioner Carollo: Yeah. Commissioner Reyes: And then the whole area was so different, and it was allowed by that new law, you see, by new zoning law for those parcels there to become -- to build as high as it is. So, I mean, I know how you must feel, you see. The building is such a big building just across the street from you, but, see -- I mean, I -- every time that I get out of my house, I see that -- I'm looking at a seven -story building that was built after Miami 21, you see, right on 8th Street and 53rd Avenue -- Chair Hardemon: Seeing -- Commissioner Reyes: -- but that's the nature of the beast, you see. I'm sorry, but -- all of them -- I mean, there are five, six that are considered T6 -24A, if we include the one that right at the bottom of -- you see. Ms. Escarra: We'd be number six. Chair Hardemon: So -- Commissioner Reyes: Yes. Chair Hardemon: -- seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. City of Miami Page 170 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: All against? That motion carries. Commissioner Carollo: Oh, we're missing somebody? Chair Hardemon: So intervener status is denied. Mr. Gibbs: Mr. Chairman, can I ask a question? Because we were denied, we didn't speak at the public hearing -- Chair Hardemon: Right. Mr. Gibbs: -- do we have an opportunity? Chair Hardemon: You didn't give a two -minute public comment statement. Mr. Gibbs: I can give you a two-second public comment. How 'bout that? And my two-second public comment is -- and I just want to make sure I get it straight, so let me -- my comment here. My clients object to the application and support your City Planning Department's staff recommendation for denial. It increases the square footage, base allowable square footage from 50 -- 519,000 square feet to a million point one -- almost a million -- a million point one thousand square feet -- a million point one square feet; excuse me. And according to the Planning Department, that's 228 percent increase in square footage, and so we urge this denial. However, I would like you all to understand something. I'd like you all to understand something. My clients have been meeting with the other side. We've met with Mr. Milton. It's been a very cordial back and forth with issues that we have with their -- with the project. They have been very forthcoming with us. They've been very open about things they can do and things they can't do to mitigate the intensity of their building, is my words. And so, that's why I wanted to have intervener status, just in the off chance that we did not come to an agreement. That's all. Commissioner Reyes: I understand. Commissioner Gort: How many seconds was that? Chair Hardemon: Thank you very much, sir. Commissioner Gort: How many seconds? Mr. Gibbs: Was less than two minutes. That was less than two minutes, come on. Commissioner Reyes: It was five minutes (UNINTELLIGIBLE). Chair Hardemon: Ms. Escarra. Ms. Escarra: Hi. Good afternoon. Iris Escarra, 333 Southeast 2nd Avenue. I'll try to be brief, because I -- a lot of you already know our application. We're located in the increased density -- residential increased area of the City of Miami Comprehensive Plan. We're located within the Miami downtown DDA (Downtown Development Authority). We're also located in the Urban Central Business District. We're also located within walking distance of two existing Metrorail Stations. So, from a connectivity and from a master plan perspective, this area has been designated in order to come and build density and build units. In addition to that, the Omni CRA (Community Redevelopment Agency) plan, which was adopted many moons ago, actually has an encouragement to require 10 percent affordable and workforce housing units. So as a master plan perspective, this is something that the area has been working on for a long time in order to encourage that sort of mixed City of Miami Page 171 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 integrated affordability within one building. Secondly, the Comprehensive Plan says that general commercial sites, which we're not amending, allows up to 37 times the net lot area for -- regards to FLR. With that said -- Commissioner Carollo: Iris? Ms. Escarra: Yes. Commissioner Carollo: Can I -- Chair, if I can get a point of privilege, and interrupt Iris just for one minute on something unrelated to that, but she's got a map there that I've been meaning for some time trying to, in a public forum, bring forward. Commissioner Russell, at the end, on the water -- no. Right there. At the end of the water, that area there, that's right next to Margaret Pace Park. I -- yeah, that water area there right on the top. No. Yeah. No, on top, on top, where his finger is. Chair Hardemon: Oh. Commissioner Carollo: Yeah, right there. Commissioner Gort: That's it. Commissioner Carollo: That is constantly full of seaweed. Commissioner Reyes: Oh, yeah. Commissioner Carollo: It looks really bad all the time. Vice Chair Russell: I have a Constituent Services Department, if you'd like to contact them? Commissioner Carollo: Well, you have a good one; that I'm sure. Chair Hardemon: You're pointing past it. Commissioner Carollo: Yeah, I am. You know what? Ms. Escarra: It's (UNINTELLIGIBLE). Commissioner Carollo: She -- I'll take her finger better than (UNINTELLIGIBLE). Ms. Escarra: I'll be Vanna White. I could be your Vanna White. This area right here. Commissioner Carollo: Don't charge your client for these five minutes, okay? Send me the bill. But that area there, I -- you know, we have to find out if we have the rights to it; I believe we might, but we need to. If we fill that in, it would -- you could expand that park so much more, and I know you want parkland, and you can make that area so much better for all the residents around there. And, you know, in the next bunch of big money that we get the next fiscal year for park impact fees, I'll be willing to support you so we could fill that in, if we can, and I would have to have staff research if we own all that. You would have much better use of it than anything that's there. And I just wanted to bring it out to you so you could give it some thought into the future. Vice Chair Russell: Noted. City of Miami Page 172 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: Then those people who just built that apartment right there, then they wouldn't have a waterfront apartment. Commissioner Carollo: Of course, they would. They still would have (UNINTELLIGIBLE) project. Vice Chair Russell: Might have intervener status. Commissioner Carollo: They would have nothing in front of them. Chair Hardemon: They probably would have intervener status. Commissioner Carollo: Nothing in front of them. And what they have now is mud and seaweed, and it really looks bad. And you could clean it today, and in a week, it'll be the same way, if not a day. Chair Hardemon: Okay, Ms. Escarra. Ms. Escarra: Yep. With that said, the area has already designated this area to really and truly encourage redevelopment. It's located within the Omni CRA, as well. With that, I wanted to call up the client, Joe Milton, who I'm representing on this, for him to tell you a little bit about the area, his vision for the area, and the investment that he is making in the redevelopment of this project. Joseph Milton: Honorable Chairman and Commissioners, it's an honor to be here. It's actually very nostalgic for me to be here, because of the many times I spent here with my father, being part of the growth of the City as we expanded multifamily housing throughout it. My vision for the Arts and Entertainment District is very similar to Broadway and the Art and Entertainment Districts of New York. It has to be very pedestrian friendly. The situation with these micro units, as they call them, these units that are 350, 400 square feet, that's -- doesn't work. I mean, the reality is, the one -bedroom should be around 700 square foot as a minimum; the -- a studio can be in the 600 square foot; two-bedroom, a thousand square foot or near it; and three bedrooms, 1,200 square feet. Those are real sizes for people to live and enjoy their dwelling. Regarding the use of the young professional, young professionals do get married. Before they get married, they have roommates. I have a young professional that's a daughter, and she has a roommate. Her boyfriend has a roommate; they're not living together yet. Chair Hardemon: Better make that very clear on the record. Mr. Milton: They're not room -mating with each other. Chair Hardemon: Better make that statement. Mr. Milton: How about that? So -- But it is a growing trend. There's -- that's probably the most social moment we have in today's generation. Commissioner Carollo: (UNINTELLIGIBLE). Mr. Milton: You know what? I don't even want to know. I'm going to be honest about it. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Milton: No, I don't want to know. But it is -- I do see something that -- you know, you want this district to be developed, and it has a lot of exciting things in it, City of Miami Page 173 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 especially with the Arsht Center. That's one of the things that attracted me to this area. As an Arts and Entertainment District, this made a lot of sense for me. And I think the density -- I mean, your -- right now, we could build 851 units; that's not what we're looking for to maximize our density. I don't think it's the right product for the area. That would be a much more intense development in regards to its use, especially on the (UNINTELLIGIBLE) traffic. We're going to build -- our intent right now is to build only about 540 units, which is about 60 percent of the allowed density. Like I talked to -- and the reason is to build bigger units. We think it's a healthier product for the area. One of the things that always does excite me is to run job creation, economic growth, and I only do it when I come to this Commission. So you guys test me every time, and I'm always excited to come out with the results. A job site of this size will employ direct construction for two years to 30 months, 500 direct jobs, 240 indirect jobs, and have an economic infusion into our economy, our local economy, of 135 million. The -- we'd also do the management; that we currently manage all 10, 000 units that we own in Miami and Dade County. And as a management company, we're going to have people in the office who'll run the administration that's on location; the Engineering Department, the courtesy guards, valet, housekeepers. That will compose of a staff of about 65 full-time jobs, plus another 21 indirect jobs that includes support from our staff and other suppliers to the location, for a total of 86 full-time jobs once this comes online. Our real estate tax impact, which is always important, because we always need more funds for the City to do the great things it does, the City of Miami will have over $2 million in real estate tax -- closer to $2.1 million in real estate tax impact. Once it comes online, Dade County will also benefit at the point of 3 million, and the State of Florida at the point of 196, 000. And that concludes my presentation. Thank you. Ms. Escarra: And lastly, I'd like to put that the Planning, Zoning & Appeals Board recommended approval of this application as proposed. In the backup, you will see that there is a covenant wherein we are consistent with the other five applications regarding workforce housing within the building. We've committed to 14 percent of the units if rental and 10 percent of the units if condo, which is consistent with the other approvals, as well as the text change that's working its way through to the PZAB on July 9. With that said, that concludes our presentation. We're available. We have our architects here; we can make a longer presentation, but I think the -- in honor of the board's time, I'm -- I can conclude my presentation at this point. Commissioner Carollo: Chair. Chair Hardemon: Yes. Commissioner Carollo: If I could ask the -- Chair Hardemon: Staff. Commissioner Carollo: -- Planning Director a question. The actual units that you could build there now is how many? Mr. Garcia: The density provided is 500 units per acre. Ms. Escarra: 851 for a block. Mr. Garcia: Correct. I believe what has been stated on the record is that the intent is to build a lesser number of units. Commissioner Carollo: I understand. So it's 851 -- Ms. Escarra: Um-hm. City of Miami Page 174 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: -- and you're building 500 and -- Ms. Escarra: 40. Commissioner Carollo: -- 40. That's a big difference. I mean, I'd rather have units that are real livable units in the size that I heard here that would give it additional density for that than have smaller units that you're going to have another 300 and change more; and this is right, according to the present Code that we have? Mr. Garcia: Yes, sir. Commissioner Carollo: Okay. In the uplifting in the request that they're making, can they build any additional units at all? Still the same? Mr. Garcia: No. No, sir. Commissioner Carollo: Just the density. Mr. Garcia: The density remains the same. Yes. Commissioner Carollo: All right. I just wanted to get that on the record and make sure that I understood what I heard. Thank you. Mr. Garcia: That's correct. Commissioner Carollo: Chair, unless there's any further questions right now, I'll make a motion for approval on first reading. Commissioner Reyes: I will second it. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Ms. Mendez: I haven't read this item -- this title into -- Chair Hardemon: You haven't read it. Ms. Mendez: An ordinance -- Vice Chair Russell: Mr. Chair? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: You're recognized for discussion, Mr. Vice Chairman. Vice Chair Russell: Thank you very much. This is very similar to several construction projects that we have approved in this area in the Omni CRA, and I think it's what's coming. It's -- this is a blank slate for us to develop a new community in the area. It is the hub that is centered around our free transit system of the Metromover. It's -- this is a great opportunity for us. I just wanted to make sure we have the covenant in place with the 14 percent of affordability that will be included on site. Ms. Escarra: Correct. That's if rental, and 10 percent if condo. Vice Chair Russell: Correct. Got it. Yes, I'm in favor. City of Miami Page 175 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: The only big, big problem that I have with this is I want to know why the County gets 3 million in property taxes and we get 2.1. Ms. Escarra: We got to call the Budget Director back out. Chair Hardemon: All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. Ms. Escarra: If I may ask the board for one more indulgence on this application: If it could come back for second reading on July 12? Chair Hardemon: Not going to happen. Not going to happen. July 12 is a very busy day. We just added two items to it. It's something that we don't have to do; it's not going to happen. Commissioner Carollo: Would it kill you if we do it on the 26th? Ms. Escarra: That's fine. Thank you. Commissioner Carollo: Okay. Thank you. PZ.3 ORDINANCE First Reading 1675 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.05± ACRES OF REAL PROPERTIES AT APPROXIMATELY 2124, 2126, AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Chair Hardemon: Can you read PZ 3 into the record, please? Madam City Attorney, can you read PZ 3 into the record? Is that a -- Victoria Mendez (City Attorney): PZ 3. Chair Hardemon: -- ordinance? City of Miami Page 176 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Ms. Mendez: Which item; PZ.3? Chair Hardemon: Yes. Is that an ordinance? Commissioner Carollo: Did I (UNINTELLIGIBLE)? Ms. Mendez: Yes, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: You're recognized, ma'am. Ines Marrero: Yes. Hi. Good afternoon. For the record, my name is Ines Marrero. I'm attorney with offices at 701 Brickell Avenue, on behalf of the applicant. I'm joined this afternoon by Elias Akar. He is the sole owner of 8th and 27th -- 22nd LLC (Limited Liability Company), and I can't believe we're actually presenting. This application has been pending for over two years, when we had our outreach at the Little Havana NET (Neighborhood Enhancement Team) Office. It was -- we had to defer it because of Hurricane Matthew. I don't think I even remember Hurricane Matthew. It was in 2016. So the application before you, I will -- seeks the rezoning of four lots on 7th Street, Southwest 7th Street, between 21st Avenue and 22nd Avenue. This is the south side of Southwest 7th Street. When I first met with Mr. Akar, this application made so much sense, because Southwest 7th Avenue -- the south side is one of the most underutilized corridors of the City. When we think of the principal corridors of the City, we think of 27th Avenue, 22nd Avenue, Flagler, 1st Street, every main street -- Coral Way. On the back, you have residential. So there's always a little bit of pushback when we're trying to up -zone and create density along those corridors, because we abut single-family residential or established neighborhoods. The south side of Southwest 7th Street abuts the north side of Southwest 8th Street. I will put an aerial up so you can see the property. So by way of reference, the application -- and it's hard to orient yourself, because we always think of 8th Street as being south, but this is Southwest 7th, Southwest 8th; this is 22nd Avenue, 21st Avenue. This is --there's a small theater here. There's an Auto Part [sic] Zone. There's a bank, and this is the drive-thru for the bank. So we filed the application, and we submitted all the backup, how we're consistent with the land use policies, and we had a recommendation of denial from staff. They felt that while this may be something appropriate, they wanted to study the whole corridor. So we move forward. We were heard by the Planning & Zoning Board, and your Planning & Zoning Board approved our request. They thought that it's appropriate; that this area needs some kind of jumpstart. There's something to -- needed to bring things up and improve the area. We looked at the staff report, and I was surprised that the objection from staff related to the fact that this would bring an intrusion of commercial uses when, in fact, T4 -L allows commercial uses. We could have a fast- food restaurant. We could have a bank. We could have a Walgreens. We could have any of these. The only thing that we're gaining by up -zoning it to TS was height and density. By the way, 22 units is what's being picked up. So when the item was initially scheduled before the Commission, the item was indefinitely deferred, so that the staff could study the appropriateness of rezoning this area. And I understand that staff had an opportunity to look at it, and they concur. Generally -- I don't want to speak for your Planning Director, but they generally concurred that this segment should be up -zoned. It should be looked at. It's appropriate to up -zone it. However, they feel that at this point, it's still premature to rezone just our property. If it was being rezoned in conjunction with the whole corridor, it would be okay, but because we're here first and filed our zoning applications and went through all this trouble, we are -- no, they can't formally recommend approval. City of Miami Page 177 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: Staff? Ms. Marrero: So we've had the opportunity to meet with the Commissioner of the district, and we understand the concerns in the area with affordable housing. We can't really commit to make the project affordable. We're just going to do 22 units. That's what -- the density that's being picked up. However, we have proffered a voluntary proffer, a contribution to District 3 of -- we'll do -- we're proffering a contribution of $200,000 to the City, preferably earmarked for District 3, but if not, as you see fit for the Affordable Housing Trust Fund, if one is created. In addition to that, we are also proffering contribution of $185, 000 to the Arts and Entertainment projects in District 3, and those will be due -- we will be making those payments shortly after the approval of the application. We feel that that's something that we can do to enhance what's happening along 8th Street and contribute to the projects that add to the character of 8th Street and want people to visit, and be part of the whole Little Havana area. With that, that pretty much concludes our presentation. We had submitted a draft to the City Attorney's Office; they've commented. But the terms of the proffers were a little different, so we would be working closely to amend that and bring that to this Commission for second reading, if we have the pleasure -- the fortune of your support today, with all of those contributions formally spelled out. Chair Hardemon: Thankyou very much. Commissioner. Ms. Marrero: One final comment. In all those meetings -- Commissioner Gort: Chairman? Mr. Marrero: -- all the times that we were -- we did outreach to meetings, meetings at the NET Office, mailed notices, the Planning & Zoning Board, and all the times we've been deferred, there hasn't been a single person who had been in opposition to this proposal. Chair Hardemon: Well, here they come now. No, I was just joking. Ms. Marrero: No, they're not, believe me. Chair Hardemon: Commissioner Gort. Commissioner Gort: The -- what you marked there in green, is that the property? Because I -- there's an alley in there also, right? Ms. Marrero: There is an alley. We would maintain the alley. So we -- we're not looking to re plat the property. We also own the properties on 8th Street, but that's not -- Commissioner Gort: Okay. Ms. Marrero: -- part of what's being rezoned. Commissioner Gort: So -- Ms. Marrero: But the properties that are being rezoned is what's marked in green, yes. Commissioner Carollo: Does that alley go all the way to 22nd Avenue or not? Ms. Marrero: Does not. City of Miami Page 178 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: No. Commissioner Carollo: Then -- Commissioner Gort: It breaks up. Commissioner Carollo: Yeah. That alley, we should vacate it and -- doesn't make sense leaving it there. Commissioner Gort: That's why I brought it up. Commissioner Carollo: Yeah. I'm glad you did. I didn't realize it. That's a good observation. Before Igo on, let me state for the record that I met with Ms. Marrero, I met with the developer, so that's on the record, so I could comply with State law. This is an extremely unique and important project to start developing that part of 22nd towards 17th, and at the same time, from 22nd to 27th. It's -- you know, if you look in the same width that that property has, they own the property facing 8th Street; that's why it's an important parcel. It covers from 71h Street, really, to 8th Street in the two parcels they have. Just to the left, a few hundred feet that you don't see from there, we approved two huge towers way before I was here. I think they waited for me to leave the end of 2001 to get it approved, and then it got flipped, and somebody else built it, and then whoever built it flipped it again now to whoever's managing it, and they're about 14, 15 stories tall. Now, in front of 81h Street -- and I know it's -- that's not before us now in this item -- how high can you go there with our present zoning, in stories? Ms. Marrero: By right, you can do eight stories; with a bonus, you could go up to 12. Commissioner Carollo: Yeah, which is part of what Miami 21 has; it's upside down, but you should have that in the back and then in the front of 8th Street, but that's the way it is. In the back, the one that you're asking us for, how high can you go? Five? Ms. Marrero: Five stories. Commissioner Carollo: Yeah. And the other one that I just mentioned, it's 14, 15 stories. They're only going to increase by 22 apartments, and I would venture to say that there is high or higher than anyone since I've been here in what they proffered forgetting additional permits. If we will get that and a little more for every project that comes here, we would have a lot of money for building accessible homes. They're offering 17, 500 for a unit, so. Chair Hardemon: So let us -- let's go with the motion so we can approve it. Commissioner Carollo: I will make a motion for approval. Commissioner Reyes: I second. Chair Hardemon: Been properly moved and seconded for approving PZ.3. Seeing no further comment, it's already been --previously read into the record, correct? I believe so. So all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? City of Miami Page 179 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 PZA ORDINANCE First Reading 1676 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING "74-L", CLASSIFICATION FROM GENERAL URBAN TRANSECT ZONE -LIMITED, TO "75-0", URBAN CENTER TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2124, 2126 AND 2130-2132 SOUTHWEST 7 STREET AND 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Chair Mardemon: And then, Madam City Attorney, read into the record PZ.4. Victoria Mendez (City Attorney): Yes, the accompanying PZ. 4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Also with a proffered covenant and proffers. Thank you. Chair Mardemon: Okay. Francisco Garcia (Director, Planning): And if I may, I'd like to insert briefly a comment. I'd like to receive the latest version of what I understand is a revised covenant. Commissioner Carollo: Right. Mr. Garcia: But we don't -- I don't have that on my files. If I can ask the applicant to please share that with me. Commissioner Carollo: I have one more question of you, Francisco. By vacating -- I don't know how long it is or how wide it is; I can't really tell from here, but by vacating that alleyway that we don't need and certainly don't want to maintain, and they own both sides of the property, how much more would they be able to build, do you think, on both sides? Do they get an extra apartment or two or --? Mr. Garcia: I've taken note, and I'm happy to look into that very briefly, Commissioner. We would first -- Commissioner Carollo: I just want to know for second reading, so that I take that into account. Mr. Garcia: I must mention that the alleyway runs past their property and onto other properties, as well. City of Miami Page 180 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Well, we vacate it for whoever it is, if we're not using it. There's no need for it. Mr. Garcia: Agreed. The aerial photograph shows that it doesn't seem to be utilized for any public benefit. If that's the case, we'll certainly explore the possibility of vacating it. Commissioner Carollo: Great. If you could let us know, and then, if it runs into the other properties, it runs through the whole, you know, area that they own. So figure out, since you've got to split it to both sides -- the front is taller, the back is shorter,- what horter,what would they get in addition in the front; what would they get in addition -- additional units in the back. Commissioner Reyes: Mr. Chairman, that was my question. You see, the property that's facing 8th Street, that is where all the theaters are, right? Ines Marrero: Yes, that's correct. Commissioner Reyes: That's where all the theaters are. Is that alley used for garbage? You see, what -- all the garbage is -- I mean, they have those big garbage collectors, and they come in the garbage trucks -- Ms. Marrero: Yes. I don't -- I believe the answer's "no. " Commissioner Reyes: -- you see. I don't know if they're used for that, but -- Commissioner Carollo: Well, he'll find out. Commissioner Reyes: -- you see. Commissioner Carollo: And I'm going to -- Commissioner Reyes: And find out -- Commissioner Carollo: -- (UNINTELLIGIBLE) look at it. Commissioner Reyes: -- why they -- That's right. That's right. Chair Hardemon: So the Chair would like to entertain a motion to approve Item PZ. 4, 7, and 8. Commissioner Carollo: That's a motion. Its a companion item. Commissioner Reyes: Second. Chair Hardemon: Well, 4, 7, and 8. 7 and 8 are two different items, but they're resolutions. Commissioner Carollo: Excuse me. 4 -- Chair Hardemon: 4, which is this item that we're on. Commissioner Carollo: Yeah. Ms. Mendez: Just 3 and 4. Chair Hardemon: 7 and 8 are two different items. One is -- City of Miami Page 181 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: 7 and 8. Chair Hardemon: -- closing the alley -- Commissioner Carollo: 7 was deferred -- Chair Hardemon: (UNINTELLIGIBLE). Commissioner Carollo: -- and 8 was deferred, right? Yeah, yeah. 7 and 8 were -- Chair Hardemon: No. 7 and 8 are still on. Ms. Mendez: 7 and 8 have nothing to do with 4. Commissioner Carollo: No, no, no. They don't. Ms. Mendez: Oh, okay. I haven't -- okay. Commissioner Carollo: They don't. Yeah, you're right. Commissioner Reyes: (UNINTELLIGIBLE). No. Commissioner Carollo: No. Chair Hardemon: They have nothing to do with it, but they're easy -- I mean, to just knock out and then move on to the next item. Commissioner Reyes: Okay. Commissioner Carollo: Well -- Commissioner Gort: 5 and 6 were deferred. Commissioner Reyes: 5 and 6 were deferred. Commissioner Carollo: Yeah, but we -- Chair Hardemon: Why is everyone so confused? Commissioner Carollo: -- got -- These are ordinance, so they got to read them all. Chair Hardemon: Well, 4 has been read into the record. Commissioner Carollo: Yeah. Ms. Mendez: Yes. Chair Hardemon: 7 is not an ordinance. 8 is not an ordinance. Todd B. Hannon (City Clerk): Correct, but the motion and the second should really be just for PZ. 4, since -- Chair Hardemon: Why? City of Miami Page 182 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Hannon: -- this is an ordinance that we've always handled with its own motion and a second. And then, if you want to take 7 and 8 together, since they're resolutions -- Chair Hardemon: Okay. Is there a motion to approve 4? Commissioner Reyes: 4. Commissioner Carollo: 5 and 6 is deferred. Chair Hardemon: Correct. Commissioner Reyes: That's right. Commissioner Carollo: Okay, 7 and 8. Chair Hardemon: So it's -- I'll take that as an approval of the motion by Commissioner Carollo; seconded by Commissioner Reyes on 4. Any further discussion? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Ms. Marrero: Thank you very much. PZ.5 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item PZ.5 was deferred to the July 12, 2018, Regular Commission Meeting. Note for the Record. For minutes referencing Item PZ.5, please see "PZ Order of the Day" and City of Miami Page 183 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 "Public Comment Period for Planning and Zoning Item (s). " PZ.6 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT - ABSENT: OPEN, TO 76-8-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. Item PZ.6 was deferred to the July 12, 2018, Regular Commission Meeting. Note for the Record. For minutes referencing Item PZ. 6, please see "PZ Order of the Day" and Public Comment Period for Planning and Zoning Item(s). " PZ.7 RESOLUTION 4191 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE CLOSING, VACATING, Planning ABANDONING, AND DISCONTINUING OF A UTILITY EASEMENT PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROXIMATELY LOCATED BETWEEN NORTHWEST 7 STREET AND THE MIAMI RIVER, ON THE EAST SIDE OF NORTHWEST 11 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. =1►/_ClaIIT, l=1hkiill 01IT, 11=1:M:aiMlly*& MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Chair Hardemon: Is there --? Commissioner Carollo: Thank you. City of Miami Page 184 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: Chair would like to entertain a motion to approve 7, which is in your district, Commissioner -- Commissioner Carollo: Yes, it is. Chair Hardemon: -- and then 8. Commissioner Carollo: I will make a motion -- Victoria Mendez (City Attorney): 7 and 8. Commissioner Carollo: -- to approve 7. Can we do them both together? Chair Hardemon: Yes, 7 and 8. Commissioner Carollo: Okay, 7 and 8. Chair Hardemon: Okay. So moved; seconded by the Chair. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. PZ.8 RESOLUTION 4206 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE CLOSING, VACATING, Planning ABANDONING, AND DISCONTINUING FOR USE AN ALLEY AYES: GENERALLY LOCATED SOUTH OF NORTHWEST 26 STREET, ABSENT: WEST OF NORTHWEST 2 AVENUE, NORTH OF NORTHWEST 25 STREET, AND EAST OF NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-18-0276 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Reyes ABSENT: Russell Note for the Record: For minutes referencing Item PZ.8, please see Item PZ. 7. City of Miami Page 185 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 PZ.9 RESOLUTION 4203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY Planning ISAAC M. PERRY III AND REBECCA LONG, AS LISTED ON THE AYES: APPEAL LETTER FOR 601 NORTHWEST 7 STREET ROAD ("APPELLANTS") AND THEREBY REVERSING, AFFIRMING, OR MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS, PURSUANT TO SECTION 23-6.2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS AND REPAIRS TO THE EXISTING SEAWALL AND THE CONSTRUCTION OF A NEW KAYAK LAUNCH RAMP FOR A NON-CONTRIBUTING PROPERTY LOCATED WITHIN THE SPRING GARDEN HISTORIC DISTRICT AT APPROXIMATELY 601 NORTHWEST 7 STREET ROAD, MIAMI, FLORIDA, WITH THE FOLIO NUMBER 01-3135-027-1330, ALSO KNOWN AS "SPRING GARDEN POINT PARK." ENACTMENT NUMBER: R-18-0281 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort NAYS: Carollo, Reyes Note for the Record. For minutes referencing Item PZ.9, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Hardemon: Okay, let's move on now to PZ.9; that's the HEP (Historic & Environmental Preservation) Board decision. All right, the -- is there an applicant? Is the applicant here? I'm sorry; it will be the appellant and the appellee. Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: Is the appellant here? Iris Escarra: Thank you, and have a wonderful afternoon. Chair Hardemon: Anybody here for PZ.9? Commissioner Gort: (UNINTELLIGIBLE)? Chair Hardemon: Mr. Garcia, so the appellee will be its, the City? Francisco Garcia (Director, Planning): The appellants are appealing on this item a -- an approval in the form of a special certificate of appropriateness by the Historic & Environmental Preservation Board. They, I imagine, will set forth their concerns and how they are impacted by the approval of the project proposed; and we, the City, who are the applicants for the project, would like to present to you the merit for your consideration of going for ward with the project. Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 186 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Rebecca Long: Hello. I am Becky Long, at 600 Northwest North River Drive, and I want to take as little of your time as possible. This item got appealed from the Historic Board because my husband and I failed to present the seawall to the Historic Board. And so, I'm here today to make up for that and try to explain to you the hidden treasure that we have in the seawall in Pointe Park. Chair Hardemon: Ma'am, can you use this microphone, so that when you speak -- oh, you have one. Great, -just in case you step away from the lectern. Ms. Long: Thank you very much. What we have in Pointe Park is 300 feet of a seawall that was built a hundred years ago. And my husband is the one who knows the most about this, and he has taught me, as best he can, what to present; and so, now I'm going to try to present his information to you, and he's watching, so we all have to do as good as we can to understand. This seawall was built a hundred years ago, before they had plywood, and they weren't using steel in seawalls in South Florida. So the seawall was built with planks of wood, no plywood or steel, and that means they had to use a very special type of construction, which is called a gravity seawall. " Gravity seawalls are built in a special way, and this shows the front of -- we're looking at a cross-section of it, so the front of the seawall is here, standing straight. After a hundred years, it is still standing so straight and proud. The thing that speed up on the seawall, which everyone talks about, is the cap on the top, the concrete cap way up here on the land. It's cracked and junked and ripped up, and definitely needs repair. But the first that our neighborhood heard of this -- it came barreling through without any notice to neighbors. It caught us unaware, and it was on such a fast track that we did not present the seawall to the Historic Board as we should have. I talked about kayaks and the safety issue of launching into the Federal shipping lane at the Historic Board, and my husband was unable to get there; and so, they were unable to hear what they should have heard that evening, which was about the historic seawall. So today, I'm going to try to let go of the kayaks and speak to you about the seawall and what it really involves. I was concerned about the kayaks initially, because I'm a teacher, and I took my teenagers on tons of field trips. And when I first heard about the kayak launch, I thought, "Well, it surely" -- "in the little part of the park and goes into the canal, that would be safe." However, when we saw the plans, the kayaks are getting launched straight into the river, and the river in this area is very narrow and turning to go through the bridge, so the big traffic that's coming down the river is moving right up along the park. The tugs, giant tugs, their props are seven feet high, so it really churns up the river, and that is all the way up on the rocks of the park so that it can turn to go through the bridge. So for that reason -- because we have Norseman Boat Yard, the Seybold Canal -- it's really a big intersection of big traffic, and kayaks have no engine. It's hard to get out of the way if you're in a kayak, and so, we thought that was inappropriate. So as a teacher, I became very concerned about the safety, because I knew my students, the minute they don't have me, they'll be using that kayak ramp down into the big current. As it goes out the river, it is big flow right through that bridge, and the kayaker is going to immediately get tangled into the fender system, so that's very dangerous. And so, that was my big concern. The night we were at the Historic Board, my husband was unable to appear, for health reasons, and so, they never got to hear (UNINTELLIGIBLE) antique seawall. So that's why I'm here today, and try to explain to you how this goes. The City, when they went before the County for the Class I permit, they were asked about research, and the City man said, "Well, we did not put a diver in the water. " We asked over and over for an engineering report, and they did not produce one. So it was -- this was getting rushed along without the proper research. And so, that's why we're here, to try to rectify that problem. A word about my husband. His grandfather came to Coconut Grove in the 1800s. He walked down the State of Florida with an ox and a bride, and he settled in Coconut Grove, and he built five little wooden houses in Coconut Grove, and then he worked at the Barnacle. He was part of jacking the Barnacle up, so we have it today. So my City of Miami Page 187 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 husband is an old guy, and he was born into that early culture of Miami. And so, he heard all that -- the stories of those earliest days, and I think, for that reason, this seawall is a very important issue for him. And so, what I would like to say is, you don't need a diver to look at this seawall, because at low tide, the wall is completely revealed, so no diver is needed. At low tide, we're all the way down here with the water, so the entire wall is revealed. I have a photograph of it here, which I'll try to show you closer. The main thing is, you can see on this photograph a line where the planks of wood were used to build it. At low tide, they created this with planks of wood; no sea -- no plywood and no steel. So this was quite an accomplishment, at low tide, to create a wall that's -- Commissioner Reyes: What kind of wood? Ms. Long: -- still standing today. Commissioner Reyes: What kind of wood? Ms. Long: Well, back in -- Commissioner Gort: They had to use Dade County Pine at that time. Commissioner Reyes: Dade County. Ms. Long: Maybe they used Dade County Pine, okay. So we think the wall is worth saving, and my husband has submitted a plan -- I'll show you --for how to repair it. So here we are. We can see the whole wall at low tide. A hundred years ago, the tide was even lower, so they were able to construct this seawall. Now, one of the important things is who built the seawall. They deserve some respect. The Bahamians built this seawall. They built the little houses in the Grove that you all are wrestling with right now, how to save them, and yet, homeowner rights. It's a big complicated issue. But here, we have an example of the technology they brought from the Bahamas and helped us with here in the early days of Miami. And this is the gravity seawall. They built these in the Bahamas, and they came here and built this for us. So it may be tough to hold the little wooden houses in the Grove. The ones his grandfather built, they're gone. But 300 feet of seawall in the shape of a pyramid -- it's a pyramid -- it's still standing strong today. So here, we can look at how we might repair it for a fraction of the cost. So what we would do is apply judiciously what you call "batter pile. " And batter pile is square -- six-inch square steel column that would be driven down into the earth, all the way down, and then it's filled with concrete. You would weld a tie rod. You would do those about every six feet, and then put a tie rod in. Its welded to the metal here, and it comes back upland, and it's anchored into the ground, and then fill comes on top of those ties. So those would be put up against the wall to try to holster it and give it support. Then you could form boxes out of wood on top of the cap that's there and put a new tall cap on top of the existing wall. So then, we would have a tall cap. The top of it would serve as a sidewalk, walking down the canal, and we would have fill on top of the tie rods with sod, and this could all be repaired at a fraction of the cost ofputting in 300 feet of sheet pile that will then bury the gravity seawall forever. It hides it away forever. And our proposal is not to keep people out of the park. That's not what we're about. We live with the park. We open the gates everyday. We welcome people to the park. We'd like a sign in the park explaining about the gravity seawall built by the Bahamian craftsmen and honor their effort, and let's keep it going for another hundred years. So we think this repair of the wall could be done from maybe a hundred thousand, not a million plus. So we spent the money for this appeal so that you could study this and, perhaps, save a million. So we spent almost a thousand so that a million of public money could be spent elsewhere, where a seawall is really needed. Remember, sheet pile that you might drive in front of this City of Miami Page 188 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 seawall and bury it forever, that sheet pile rots out in 40 years. It's rusted. However, this wall is standing fine. It needs to be pressure -cleaned and repaired. There are two major cracks, but even with the cracks, nothing is leaning toward the canal. It's actually leaning back toward the park. So there's no wall falling into the canal at all. And we would like to celebrate our pyramid. We have 300 feet of pyramid. If we celebrate the pyramid, repair it, put a sign in the park showing this construction, and giving tribute to the people who brought their technology from the Bahamas and created it. Now, a couple weeks ago we saw Morningside Park flooded; it needs a seawall. Here, we're trying to spend a million dollars to cover up a seawall that's serving beautifully. It needs some gentle repair, but that million could go help the Morningside Park not be flooded. Where they need seawall, they don't have it. We have a seawall, and right now, while I'm talking, it's holding up Pointe Park. There's nothing collapsing. The only beat up part is the capon the top. Chair Hardemon: Thank you. Ms. Long: And here, my husband has outlined much easier to create a new tall cap on the wall than to build a cap on all of that sheet pile. Chair Hardemon: Thank you very much. Ms. Long: The sheet pile is very irregular, and it's very expensive to build the form to pour the concrete, if you go that route. So we were here to appeal to you to save the million, and celebrate the effort made by these people a hundred years ago. Let's display the effort made a hundred years ago, and celebrate our own 300 foot pyramid. That's about 300 tons of concrete. Chair Hardemon: Thank you very much, ma'am. I want to allow the Planning Department to make a comment regarding the issue, because I would assume that you're apart of the --you represent the City in this appeal. You're recognized. Francisco Garcia (Director, Planning): Yes, sir. What I would like to do then is to introduce Robert Weinreb, who is the project manager, so that he can describe to you more in detail exactly what the City proposes to do to preserve the seawall and also preserve the interest of the residents who use the park, as well. Chair Hardemon: Be brief, sir. Be brief. Vice Chair Russell: Manolo, did you want to designate this wall as historic? Commissioner Reyes: If -- Vice Chair Russell: I'm kidding, I'm kidding, I'm kidding. Commissioner Reyes: Let me tell you, yes. Chair Hardemon: No, no, no. Let's stop. Vice Chair Russell: I'm kidding. Commissioner Reyes: Let me tell you something. Chair Hardemon: Stop. Commissioner Reyes: Yes -- Chair Hardemon: It's 5:15. City of Miami Page 189 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Reyes: -- I will designate it historic, because it had history behind it. It has history. No other places that they don't have history. Yes, ma'am, that's a historic wall. Ms. Long: To celebrate the people who were able to build it. Commissioner Reyes: Yeah. Chair Hardemon: Yeah. Ms. Long: Whereas the sheet pile really hides it away and entombs it, and it's really fine. Chair Hardemon: Sir, you're recognized. Robert Weinreb (Project Manager, Capital Improvements Program): Thank you. Bob Weinreb, with the City of Miami. Now, just to review, this project is 297 feet -- linear feet of seawall, which is along the Seybold Canal. And I have a few photos just briefly showing the cap. This is more of the cap going down. Now, this photo shows that the bottom of the seawall has failed in many areas, allowing the upland material to filter back into the Seybold Canal. Our marine engineering firm, Moffatt & Nichols [sic], surveyed the seawall; and instead of spending a lot of money, determined, along with the Miami River Commission and the dredging crew that just completed the dredging, that the seawall was in failure. Vice Chair Russell: Was in what? Mr. Weinreb: And our project, which started -- Excuse me? Vice Chair Russell: I couldn't hear you. "Failure, "you said? Mr. Weinreb: Is in a state of failure. Vice Chair Russell: Thank you. Mr. Weinreb: And our project, which started in 2015, was a grant from the Florida Inland Navigation District. The total cost of the design and permitting was 150,000; and the FIND, Florida Inland Navigation District, gave the City $75,000, or half of the cost. It was determined that the seawall needed to be replaced, and the idea of the plans -- and we have Army Corps of Engineers and Florida Department of Environmental Protection approve plans to put a new seawall, seaward of the existing seawall, 18 inches higher to protect the upland. So the old seawall would still remain in place; it's just -- it's passed its useful life. So the plan is for a replacement in front of the existing seawall, and we have all of the permits, and went to the Department of Environmental Resource Management of Miami -Dade County. They reviewed the plans and felt that this was the proper approach, and they had asked the Board of County Commissioners to approve the Class I permit. And Commissioner Barreiro, when he was still a Commissioner, asked about whether there was commercial use of a neighborhood park, and asked that there be no commercial use in the park. We reviewed the deed, and there is a deed restriction with the State about commercial use. And there was also a question of dockage, and DERM (Department of Environmental Resource Management) said that it was too shallow and that dockage of motorized vessels would not be permitted, and this was a site for non -motorized uses. Sally Heyman -- Commissioner Heyman asked if it had gone before the Historic Preservation Board. And we presented it to the Historic Preservation Board, and they voted nine to nothing in favor of the project City of Miami Page 190 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 moving forward. And because it's in a historic district, they had a responsibility to look at that. Chair Hardemon: Okay. Mr. Weinreb: So from our own consultants, from our own Department of Capital Improvements, who inspected the wall years ago; from the Miami River Commission, who recommended that the seawall had problems 13 years ago, we've tried to move forward. We've now obtained last year, with the help of the City Commission, a $552,000 grant from the Florida Inland Navigation District to help pay for about half the cost of the new seawall and the kayak launch. Chair Hardemon: Thank you very much. Let me do this: I noticed you had a visceral reaction, so I want to give you an opportunity -- I'm sorry. I wanted to give you an opportunity just to reply very briefly to what was stated on the record, because I saw that you had a reaction to it. Ms. Long: Well, my reaction is, everyone wants to say the seawall is failing, but, really, it's a strong seawall. It's not falling into the canal anywhere. And you can see in this picture -- you can see by looking here, this footprint has sunk into the mud for a hundred years. So nothing is really coming out big time under the wall. It's eroded on the top of the park. It, of course, needs to be filled in from the park side. There is holes and big erosion, but that's not leaking out the bottom. When you look at this picture, you can see that the bottom is kind of sealed up; you see where it had sunk into the mud, so we don't have the park leaving underneath the seawall. So the damaged area is the top cap, which we could fix in a simple way and -- I got distracted. Signal -- Chair Hardemon: Bad camera angle. They tried to embarrass me. I have a question for you: What did you teach? Ms. Long: High school. Chair Hardemon: Where at? Ms. Long: High school. Chair Hardemon: Where at? Ms. Long: Oh, Carol City High, Drew Middle School. Ms. Long: When did you teach at Drew Middle School? Ms. Long: Oh, honey, I'm old,• it was long ago. My most interesting assignment was teaching delinquents, and I only had 10, and they were always equally divided, white, black, Hispanic; equal, so nobody has a lock on delinquency. But what did all those boys, 13 to 17, have in common? Not one of them could read. So I taught them how to read, and the way I did it was to take them on field trips all over Miami. Then we'd come back; they would dictate a story about the trip that I would write down, and we would use that text to teach them to read, because you couldn't use a first -grade book. And so, I had a wonderful time teaching, but that's over now, and now I'm trying to present all the technical stuff that my husband knows very well. Chair Hardemon: Well, I'll tell you, your husband should be very proud of you. Commissioner Gort: You did a good job. City of Miami Page 191 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: And you presented very well. You were very clear. You -- Commissioner Reyes: Fantastic. Chair Hardemon: -- I mean, you explained things in ways that -- Commissioner Reyes: A public teacher can do. Chair Hardemon: -- some attorneys don't do it. Right? It was very plain. Ms. Long: Well, thank you. Chair Hardemon: And many times, that's just how things have to be for someone to understand it. All right, so I know you were an amazing teacher, because with something that your husband dictated to you, you were able to explain very clearly. And so, I just want to -- I want to say that. So just thank you for being here today. Ms. Long: Well -- thank you -- he created these drawings. He has built big buildings, and he has built sailboats that can cross the ocean. So -- and he was a US (United States) Army certified diver, so he knows water, currents, constructing things. He created these pictures. He would be happy to consult on this repair pro Bono. He's just wanting to retain some features that are from those early days of Miami, and he thinks there should be respect for the Bahamians that knew how to do it -- Chair Hardemon: Right. Ms. Long: -- and they came here and created this structure, which is not collapsing. Chair Hardemon: No. So, you know -- so thank you very much for your time with that. You know, unfortunately, I would ask for my board members to deny the appeal, but that -- it's not because of you. And so -- Ms. Long: You have no respect for the seawall? Chair Hardemon: I love the seawall. It keeps the sea at bay. Ms. Long: It's a shame to bury it away forever by sheet pile that's going to rust out in 40 years. So why can't we use that money for that seawall in a place in Miami where it's really needed? Chair Hardemon: We're going to find some money to spend it where we need it, I guarantee you that. Commissioner Gort: Mr. Chairman? Chair Hardemon: Commissioner Gort. Commissioner Gort: My understanding is, you're going to build a concrete wall in front of the existing wall; is that correct? It's not going to be demolished; it's going be retained, and all you got to do is make sure that it's fortified. Mr. Weinreb: That is correct, Commissioner Gort Vice Chair Russell: Would be nice to have an educational plaque there for people to understand the history of the construction of the Bahamian construction. City of Miami Page 192 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: I thought about that. I think that's something that we can do. It has to be -- it doesn't have to be done here -- Vice Chair Russell: Do (UNINTELLIGIBLE). Chair Hardemon: -- at this time. Ms. Long: If you bury it away -- Commissioner Gort: I think she's requesting to have a sign there giving the history - Vice Chair Russell: Yep. Commissioner Gort: -- of how that wall was built, and I think that (UNINTELLIGIBLE). And by the way, I'm sure you were an excellent teacher, and you continue to be a good teacher; you're teaching us today. Ms. Long: Oh, I'm not very good ifl can't win you over now. Chair Hardemon: No, no. Now, teaching and making an argument and having things vote in your favor is -- Ms. Long: But the point is -- Chair Hardemon: -- completely different. Ms. Long: -- 300 feet of solid seawall will bury it; no one will ever even know it's there. Why would we cover it up and hide it when we can do a delicate repair? Every six feet, put in a batter pile. That's different than 300 solid feet of sheet pile that's going to rust out in 40 years. So it really is a -- not a good way to spend a million dollars. We never could grip an engineering report. We never saw an engineering report on this. We would like a certified engineer to issue a report on the condition of the wall. The City has never provided that. Would any of you spend a million on a seawall on your own property without an engineering survey? Chair Hardemon: I wish I had million dollars -- Commissioner Gort: Yeah. Chair Hardemon: -- and a seawall -- Commissioner Gort: (UNINTELLIGIBLE) where I can spend (UNINTELLIGIBLE). Chair Hardemon: -- and a property on the water to spend (UNINTELLIGIBLE). Commissioner Carollo: Well, you -- Ms. Long: But we have a city, and we're careful with our money. Commissioner Carollo: Well, look, you have presented a fabulous argument, and you've done it very eloquently. Don't think that you're out yet. You know, the ball game's still going. You did catch my curiosity on something beyond the wall, and, boy, the history explained there is really something. But those delinquents that you taught, have you seen them anywhere in Miami? Ms. Long: They're walking around Miami (UNINTELLIGIBLE). City of Miami Page 193 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Well -- Ms. Long: We need to put a -- Commissioner Carollo: Any in 8th Street that are doing business there? Chair Hardemon: Ah, man. Commissioner Reyes: You see anyone around (UNINTELLIGIBLE), any of them? Chair Hardemon: So the Chairman would like a motion, please. Vice Chair Russell: It's out of my nature, because I certainly love the romantic story of this, and I am one for preservation, but I do have to trust in the engineers and the Capital Improvements Department of our City. Ms. Long: We've never seen an engineering report. Vice Chair Russell: So I will make the motion. Chair Hardemon: It's been properly moved; seconded by the Chair. Commissioner Gort: Second. Commissioner Carollo: Is there an engineering report? Commissioner Reyes: Is there an engineering report? Mr. Weinreb: When we started the design and permitting, Commissioner Carollo, our engineering firm took a survey of the wall and said that it needed to be replaced. This is -- Ms. Long: Which is incorrect. Commissioner Carollo: Did they say why, though? Mr. Weinreb: -- Moffatt & Nichols, a national engineering firm. And our Capital Improvements Department, several years before that, reviewed the wall from the water and said that it needed to be replaced. Ms. Long: That's not true. Mr. Weinreb: And the Miami River Commission also said the same thing. When they did the dredging -- recently, where they completed the dredging and cleanup of the Seybold Canal, the dredging company was afraid to go near the seawall, because of the condition. Ms. Long: That is not true, either. Mr. Weinreb: So -- Commissioner Carollo: What -- Mr. Weinreb: -- I don't like that -- these are facts that I'm giving you -- Commissioner Carollo: Well -- City of Miami Page 194 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Weinreb: -- not -- I'm not making something up here. Commissioner Carollo: Well -- Mr. Weinreb: I'm on the record. Commissioner Carollo: -- but you 're -- Mr. Weinreb: This is factual. Commissioner Carollo: You're -- the only fact that you're giving me is the recommendation; not necessarily the fact that it has to be torn down. Mr. Weinreb: Well, if you look at the last picture I just put up, I think it shows between the undermining of the equipment -- of the upland, and this is part of the seawall with -- There is no question that this is not something that is fixable -- Commissioner Carollo: Well, look -- Mr. Weinreb: -- with some minor repair. Commissioner Carollo: Could I -- Mr. Weinreb: And also, their repair seems to block the seawall, anyway. Commissioner Carollo: -- at least have the opportunity --? I like this, because I -- she's convinced me, what she said, but I want to see if what you're being told is correct. I'd like the opportunity to defer this so I could go -- Chair Hardemon: I don't want -- Commissioner Carollo: -- out there and see this -- Chair Hardemon: I don't want to defer. Commissioner Carollo: -- myself. Chair Hardemon: I don't want to defer it. This -- you know -- Ms. Long: We have never seen an engineering report. All the neighbors have been asking for one. We were never able to get one. Chair Hardemon: This is a -- Daeja Donoghue: Not one existd. There is not one -- there is not -- no engineering - Commissioner Gort: I'm sorry; name and address. Chair Hardemon: You know you're not on the record right now, right? Ms. Donoghue: Daeja Donoghue -- Chair Hardemon: One second. Ms. Donoghue: -- a neighbor. City of Miami Page 195 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Chair Hardemon: So this came up -- there was a fight when the money was first approved from FIND, when we sat here in the City and we approved this. This is a completely different now argument regarding the whole thing. First, there was no kayak launches from the area. Now it's this, which is what's frustrating the repair of this wall. It's clear that this is a safety issue for -- this wall needs repairing, and I trust in our CIP (Capital Improvements Program) Department to ensure that the City of Miami's making repairs. That's something that is going to be significant and will do what it's supposed to do for not only the people who live adjoining that area, but for anyone who's visiting this park. And so, you know, I don't need the -- I don't - - I'm not a CIP professional, but this is very plain to me. And so, you know, I don't need to have afield trip to see the space; I've been there before and never actually taken this point of view on it, but I could see why this wall needs repairing. So there is a motion, there is a second, and I'd just like to take a vote on it, and let us move through the rest of this agenda. Ms. Long: They did -- may I add one other thing? Chair Hardemon: I will let you add one more thing. Ms. Long: Once the -- our neighbors went and -- at the County level and they -- Sally -- Commissioner Sally Heyman said, I was kayaker. I think this needs to be checked closer. " And so, they did hold one meeting by the canal for the neighbors for the first time. So my husband went to that meeting to present this, and his first question to CIP and the people that were there was, `Do you know how old the wall is? And the answer from CIP was, It may be as old as 40 years old. " So then my husband said, `Do you know what kind of seawall it is?" And he was shouted down by all the people saying, `It's broken. Its falling. Its crushed. " He was shouted down. Chair Hardemon: By other residents? Ms. Long: And so, he just came home. He said, "Okay, " and he came home. And so, because of that is why we had to file this appeal, because we failed to get this part in front of the historic people and -- So they didn't even know how old the wall was. They don't know that it's a pyramid. On the Nile, the pyramids are standing a thousand years, and you want to spend a million dollars to cover it up when it's doing the work. Chair Hardemon: Thank you, ma'am. Ms. Long: It's doing the job. Chair Hardemon: Thank you very much, ma'am. Seeing no further discussion by the board members, all in favor of the motion, say "aye. " Commissioner Gort: Aye. Commissioner Reyes: Aye. Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: Nay. Chair Hardemon: Motion passes. City of Miami Page 196 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Rafael Suarez -Rivas (Senior Assistant City Attorney): Appeal denied. Thankyou. Ms. Long: So we are wasting public money. PZ.10 ORDINANCE Second Reading 1909 TO BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item PZ.10, please see "PZ Order of the Day. " PZ.11 ORDINANCE First Reading 3698 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Planning OF THE CITY OF MIAMI, FLORIDA, ("MCNP") BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM A CONTRIBUTING HISTORICALLY DESIGNATED SITE. MOTION TO: 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, Reyes Note for the Record. For additional minutes referencing Item PZ.11, please see "Public Comment Period for Planning and Zoning Item (s). " Chair Hardemon: Is -- PZ. 11, was that an item to be deferred or --? No. PZ. 11 is an active item, right? Citv ofMiami Page 197 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: It's a companion. Chair Hardemon: Right. Can we read PZ. 11 into the record, please? Rafael Suarez -Rivas (Senior Assistant City Attorney): PZ. 11. The Ordinance was read by title into the public record by Senior Assistant City Attorney Rafael Suarez -Rivas. Commissioner Carollo: What item is this? Chair Hardemon: PZ.11. Vice Chair Russell: I'll move it with the same amendments on the companion. Commissioner Carollo: Hold on for a second, please. Commissioner Reyes: Yes. Mr. Chair, this is the one that I was referring to when I - - and I made the amendment that the -- three fourth of a mile will be only on major arterial roads, you see, so we can -- don't go into side streets. It's going to be like 27th or US 1, or something like that. Okay? That's my only amendment. Commissioner Carollo: Okay. So we have three-quarters of a mile. Commissioner Reyes: Yeah, (UNINTELLIGIBLE), only in arterial roads. This is my amendment here. Commissioner Carollo: Okay. Commissioner Reyes: Its a friendly amendment to it. Vice Chair Russell: This was companion to FR.1 and -- Mr. Suarez -Rivas: FR.]. Vice Chair Russell: Yes. Commissioner Reyes: Yes. Vice Chair Russell: And so, all amendments made on that previous should apply to this, as well. Mr. Suarez -Rivas: Per the amendments that you made to FR -- Vice Chair Russell: 1. Mr. Suarez -Rivas: -- 1. Vice Chair Russell: And that's the same as what you said -- Commissioner Reyes: That's right. Vice Chair Russell: Nothing different. Commissioner Reyes: That's -- besides what I said. I didn't -- I included all of them at the time, but this is a friendly amendment only on arterial roads. City of Miami Page 198 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Suarez -Rivas: So the amendments that were read into the record for FR.1 are being re -adopted and re -alleged with this ordinance? That's your motion, or that's whatyou're --? Vice Chair Russell: Yes, yes. Mr. Suarez -Rivas: Okay. Vice Chair Russell: And just to put on the record, we are open to expanding the distance, but -- rather than using a radius to look at a more comprehensive method - Commissioner Reyes: Yes. Vice Chair Russell: -- that will go further. So I made the motion. Commissioner Gort: Second. Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: All right, it's been properly moved and seconded. Commissioner Reyes: Second, but -- I mean, it's been second, but you accept the amendment of three-fourths? Vice Chair Russell: Hundred percent. Commissioner Reyes: I mean, only arterial road, right? Vice Chair Russell: Yes. Commissioner Reyes: Okay, thank you. Thank you, sir. Chair Hardemon: All right. Seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 199 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 PZA2 ORDINANCE First Reading 3110 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY "LOTS AMENDING ARTICLE 3, SECTION 3.3, ENTITLED AND FRONTAGES," ARTICLE 4, DIAGRAM 9, ENTITLED "RESIDENTIAL DENSITY INCREASE AREAS," AND ARTICLE 4, DIAGRAM 11, ENTITLED "TRANSIT ORIENTED DEVELOPMENT," TO PROVIDE OR TO ALLOW FOR THE TRANSFER OF RESIDENTIAL DENSITY FROM HISTORICALLY DESIGNATED SITES TO PROPERTIES WITHIN TRANSIT ORIENTED DEVELOPMENT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: 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, Reyes Note for the Record. For additional minutes referencing Item PZ.12, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Hardemon: PZ 12, can you please read into the record? Rafael Suarez -Rivas (Senior Assistant City Attorney): PZ. 12. The Ordinance was read by title into the public record by Senior Assistant City Attorney Rafael Suarez -Rivas. Francisco Garcia (Director, Planning): And for your consideration, this is the one where we would incorporate your previous comments that we should protect T3 - zoned areas. Vice Chair Russell: I'll make the motion. Commissioner Carollo: If I may bring something up as an amendment to it. The City, I believe, should charge an administrative fee similar to the TDR ('Transfer of Development Rights) Program that's out there. Currently, the TDR Program charges five cents, as I understand it, per square foot of transfer, while the average transfer today on the private market is around $4 a square foot. So we need to add a proposal to add a percentage to that that should go to affordable housing within the City. Commissioner Reyes: May I add? I don't know if Commissioner Carollo is -- read my mind, because -- let me tell you, this is -- we didn't talk about this; don't you think that is a sunshine violation or anything, but I had the same comments over here, and I do, I mean, back him up, whatever he's saying, and exactly in the same words. Friendly amend -- City should charge an administrative fee similar to TDR Program. It is fair. We are going to incur costs by doing those transferring; therefore, the City should be paid for it. Vice Chair Russell: I'll accept the amendment, and would like an analysis of what that might be and how it would affect everything. Thank you. City of Miami Page 200 Printed on 0812812018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Yeah. And what I would like -- This is on first reading we're doing it, correct, or --? This is first reading? Mr. Suarez Rivas: This is first reading. Commissioner Carollo: Okay. We could put the five cents, which is nowhere near enough for the meantime, just on first reading. Commissioner Reyes: And later on. Commissioner Carollo: And when we bring it back at second, I'd like the Administration to discuss with each of us individually what that amount should be; if you could look at it -- Commissioner Reyes: Yep. Commissioner Carollo: -- and come up with a reasonable amount. Mr. Garcia: We shall do. Commissioner Gort: Mr. Chairman? Chair Hardemon: Yes. You're recognized. Commissioner Gort: Question: My understanding, to have any value, the air rights has got to be at least TS? Mr. Garcia: The incumbent we've incorporated and we will be looking at more closely is a device whereby we protect the single-family (UNINTELLIGIBLE). Commissioner Gort: No, no, I understand. But I mean, we transferring the right without any cost or any benefit to the individual? Mr. Garcia: There must be improvements made to the exporting site, and the density can only be imported to properties zoned presently T4 and above, and there is a note to look at whether T4 is appropriate or not to preserve T3s. Commissioner Gort: But this is not going to be like a regular air right, where you sell and you pay according to the market rate? In other words -- Mr. Garcia: The -- Right. The value -- Commissioner Gort: -- the recipient -- the person that is giving their right away should be receiving some benefits, economic benefits. Mr. Garcia: That is correct. That, however, is a private transaction. What we do have the ability to control, to some extent, is tying it to the improvement of the exporting site, and that we have done. Commissioner Gort. The value will be -- any density would be very high. That's what -- the air rights will only have the value? Mr. Garcia: Those -- the market that exists for the exportation of development capacity -- Commissioner Gort: Right. City of Miami Page 201 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Mr. Garcia: --will still exist. Commissioner Gort: Right. Mr. Garcia: And now there is an additional ability to export density, as well, so both square feet and units. Commissioner Gort: All right. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye. " Todd B. Hannon (City Clerk): Chair, who was the seconder? Chair Hardemon: Who, what? Mr. Hannon: Seconder? Commissioner Gort: I did. Mr. Hannon: Thank you, Commissioner Gort. And we have just -- as amended, correct? Vice Chair Russell: Yes. Mr. Hannon: Thank you. Chair Hardemon: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 202 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 6aJi/e\Yo7:7e1kiUZ4197JiIJi11;..1107►1;I:&3i111;1Ji69 CITYWIDE HONORABLE MAYOR FRANCIS SUAREZ AkiUZelWN11iTh13]4111;1Ji6*1 City of Miami Page 203 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 34017619:71"ril COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 204 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 IYAN17619:110 W VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 205 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 COMMISSIONER, DISTRICT THREE JOE CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 206 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 COMMISSIONER, DISTRICT FOUR MANOLO REYES END OF DISTRICT 4 ITEMS City of Miami Page 207 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 31IN17619:7["IN CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 208 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 FLA ORDINANCE 4204 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, MORE SPECIFICALLY BY AMENDING APPENDIX J: and Mayor- PZ NEIGHBORHOOD REVITALIZATION DISTRICTS, SECTION 3.1 ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS" AND SECTION 5.1 ENTITLED "URBAN CENTER TRANSECT ZONE", MODIFYING STANDARDS FOR SMALL SCALE COMMERCIAL BUILDINGS AND APPLICABLE PARKING RELAXATIONS WITHIN THE NRD-1 BOUNDARIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION Citv ofMiarni Page 209 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 NA - NON -AGENDA ITEM(S) NAA DISCUSSION ITEM 4451 2018 LEGISATIVE SESSION UPDATE BY STATE SENATOR Office of the City DAPHNE CAMPBELL. Cierk FRESULT: DISCUSSED Vice Chair Russell: I would certainly like to welcome the Honorable Daphne Campbell, please, for -- to address this dais. State Senator Daphne Campbell: Thank you. Good morning, Vice Chairman. I don't see the Mayor, but I saw him upstairs. The Chairman had told -- they told me he's coming at 10:30. I didn't see him, as well. And all the Commissioners -- Commissioner Gort; Commissioner Reyes, how you doing? Commissioner Reyes: (UNINTELLIGIBLE). Senator Campbell: Congrats. So I didn't see you. So my name is Daphne Campbell. I'm Senator for District 38, and District 38 is a part of the City of Miami. I do represent 15 cities. I'm not going to mention all, but I'm here to give you a little update of what happened in Tallahassee for last session; and present you, as well, a resolution I filed on behalf of the City, who just -- a resolution recognizing the City of Miami on this occasion of the 122nd anniversary of its incorporation. So last session -- session started on January, and we finished March 11; extended a little bit. I do have a booklet -- I don't know if you everybody has one -- and I will bring it for everyone here; if you guys could pass it around, and give it to them, and with the State budget, as well, because if you're a taxpayer, you should know what is going on in Tallahassee; how much money the budget was. The budget was $89.7 billion -- $88.7 billion -- I'm sorry; with reserves, 3.3 billions [sic]. And we have a lot of reserve in Tallahassee right now. And I'm going to tell you, City of Miami did give me two projects. One of them never made it at all into the budget, and one did made it, with a lot of effort, working very, very hard -- the Biscayne Green -- but Government Scott vetoed it. So, you know, I cannot stop Governor Scott when he's -- you know -- when he has plan to veto whatever he wants to veto. But I will let you know what happened in Tallahassee, because of Parkland issues, everybody knows what's going on after the shooting, and we -- the -- both chambers working very hard to take care of the issues; give them $400 million; put 100 million for mental health; 7 million for -- 50 for the school. Sothis is --you know -- it was a lot of chaos, you know; a chaotic moment in Tallahassee on both chambers. But I could tell you, last year, I did work very hard and bring big money to the City. You remember, you know, I did bring a check. You remember that, Vice Chairman? $700, 000 I did give to the Mayor. We did apply for it, but this year, we didn't get anything. But with that said, I have to say thank you to you all for support. Thank you for the work you do. And we're going to continue working together. Vice Chairman, if you don't mind, can you read the resolution for me? And I will present a copy to each one of you. It's on the last --page 31 of the booklet. You have it, right? Last page. Vice Chair Russell: The legislative update part? Senator Campbell: The legislative update, correct. If you could read that for me, I would appreciate it -- City of Miami Page 210 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Gladly. Senator Campbell: --and I will present a copy to each one of you. Vice Chair Russell: Thank you, Senator. A Florida Senate resolution by Senator Campbell: "A resolution recognizing the City of Miami on the occasion of the 122nd anniversary of its incorporation. Whereas, before the Spanish claimed the land along the Miami River in the 1500s, it was a Tequesta Indian settlement, named for a word in their language, meaning 'big water'; and whereas, when the Spanish established a mission on the river's north bank in the late I500s, the Tequestas were targeted for conversion to Christianity, and subsequently perished after contracting smallpox and other European -introduced diseases; and whereas, a wave of Native Americans migrated to South Florida in the 1700s, including the Cimarron, or 'wild man,' in Spanish, later known as the 'Seminole Tribe'; and whereas, after Florida was purchased from Spain and became part of the United States in 1819, three major wars were waged by the Seminoles against the government, its longest settlement of the Miami area by white pioneers; and whereas, in the 1840s, Plantation Owner William English established the Village of Miami on the south bank of the Miami River; and wealthy widow, Julia Tuttle established a large citrus plantation on the north side of the river; and Julia Tuttle, along with William and Mary Brickell, persuaded Railroad Magnet Henry Flagler to extend his railroad line to Miami; and the City of Miami was incorporated in 1896, boasting 444 residents, infrastructure, and a resort hotel, financed by Flagler; and Miami became an instant tourist attraction and retreat for the rich and famous, earning the nickname, "The Magic City, " and prompting several real estate booms; and during one of these real estate booms, John Collins and Carl Fisher transformed Miami Beach into a tourist haven; and Miami rebounded after a devastating hurricane in 1926, and blossomed in the post -hurricane development years; Miami today is still evolving as an international port and tourist destination, and is a gateway for global industries establishing footholds in the United States; whereas, the City of Miami is led by Mayor Francis Suarez, City Manager Emilio Gonzalez, Chair Keon Hardemon, Vice Chair Ken Russell and Commissioners Wifredo Gort, Frank Carollo, and Manolo Reyes; now therefore, be it resolved by the Senate of the State of Florida" -- I believe the timing of this was in a previous Administration -- Senator Campbell: No. We did it this year. Vice Chair Russell: Then we need to amend it for Joe Carollo -- Senator Campbell: Correct. Vice Chair Russell: -- and Manolo Reyes -- "now therefore, be it resolved by the Senate of the State of Florida that the City of Miami is recognized on the occasion of the 122nd anniversary of its incorporation. " Thank you. Thank you very much for that. Senator Campbell: All right. Give him a hand, please? (Applause) Vice Chair Russell: Thank you. Senator Campbell: And thank you, Mayor. I'm glad you're here. And I'm going to give a copy to each one of you to put in your ojfice. Marie, where are you? City of Miami Page 211 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Vice Chair Russell: Thank you. And just a note to update the City Manager's name, as well as Commissioner Carollo. Senator Campbell: All right. Vice Chair Russell: Thank you so much. Senator Campbell: Correct, correct. Thank you very, very much, and may God bless you. This is a token of my appreciation -- Vice Chair Russell: Thank you. Senator Campbell: -- and a token from my heart. Mayor Francis Suarez: Mr. Chair -- Senator Campbell: Thank you, Mayor, for everything you do. Mayor Suarez: -- I just want to thank the Senator for this beautiful recognition, and for all the things that she does. We have a great bipartisan group of Senators and Representatives that work hard every year to help the City of Miami. And she's always thinking of us, and always has us in mind. And every year, she's successful in achieving certain things for the City. So we thank her for her work. Vice Chair Russell: Thank you, Senator. Senator Campbell: Thank you. Mayor, stay right there. Vice Chairman? Vice Chair Russell: Oh, you'd like us --? Senator Campbell: Yes, Commissioners. Where is the Chairman? Commissioner Gort: He's in -- Senator Campbell: (UNINTELLIGIBLE). Vice Chair Russell: My apologies. We have a 10 a.m. time certain item that we'll take up immediately following this issue. Thank you. NA.2 DISCUSSION ITEM 4452 COMMISSIONER GORT REQUESTED A MOMENT OF SILENCE Office of the City IN MEMORIAM OF FORMER CITY OF MIAMI COMMISSIONER Cierk ARMANDO LACASA. RESULT: DISCUSSED Vice Chair Russell: Commissioner Gort, you're recognized. Commissioner Gort: Mr. Chairman, I would like to take a minute of silence to recognize the passing away of one of our former Commissioners. Armando Lacasa passed away yesterday. Vice Chair Russell: A moment of silence, please. City ofMiami Page 212 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Gort: Thank you. Vice Chair Russell: Thank you very much. NA.3 DISCUSSION ITEM 4453 DISCUSSION BY COMMISSIONER CAROLLO REGARDING ITEMS ON THE JULY 12, 2018 REGULAR CITY COMMISSION Office of the City AGENDA AND SCHEDULING OF A SPECIAL MEETING TO Cierk DISCUSS INTERNATIONAL LINKS MELREESE COUNTRY CLUB AND ULTRA MUSIC FESTIVAL, IF NEEDED. LRESULT: DISCUSSED Chair Hardemon: Okay. Now, we're complete with our PZ (Planning & Zoning) agenda. Let's move back to our regular agenda. Vice Chair Russell: What's left? Chair Hardemon: We only have a few items left. Commissioner Reyes: Yes. I have -- Commissioner Carollo: Can I bring up a pocket item, if you may call it that way? The Mayor's here, and I think he would understand that. Vice Chair Russell: I can't hear. Commissioner Carollo: Okay. We have a huge agenda for the 12th, and one of the things that I suspect is going to take numerous hours is going to be Melreese, and I don't want to be here until 2 in the morning, and I don't want to be rushing to something that is so important for the City. If we could choose, either right before or right after, a special Commission meeting that we could deal with Melreese in itself, and maybe Ultra, if you want to? That's also an item that I think the City Attorney is going to be ready for the contract. You know, we could do Melreese first; Ultra second. Or you can leave Ultra, you know, on the 12th, but, you know, one or the other has got to be moved, and I think Melreese going to be the one that will take the most time. Mayor Francis Suarez: Mr. Chair? Chair Hardemon: You're recognized, Mr. Mayor. Mayor Suarez: Let me talk it over, if you don't mind -- Commissioner Carollo: Okay. Mayor Suarez: -- with the Beckham Group individuals just to make sure. I know that they're, from a scheduling perspective -- Commissioner Carollo: Well, yeah, you got a point that -- I understand that, but -- Mayor Suarez: I think that they had asked the Chair for a time certain of that date -- City of Miami Page 213 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: Yeah. Mayor Suarez: -- and I think the Chair had granted it, if I'm not mistaken, through the Manager. So that, I think, has been established for, I think, 2 p.m., on the 12th. But if you want a special meeting on the Ultra matter, I'd leave it to your discretion as a Commission; or if you want me to call it, I'll be more than happy to call it. Commissioner Carollo: I think, Mayor, we need to take some of these -- Mayor Suarez: I understand what you're saying. Commissioner Carollo: -- big timing items out of that agenda -- Mayor Suarez: Yep. Commissioner Carollo: -- because we don't do ourselves any service or the public if we're tired, if we're rushing through things quickly, and we're notpaying attention. Mayor Suarez: Yeah. I've been there. I know. Commissioner Carollo: Yeah. Mayor Suarez: Yeah. Commissioner Carollo: So -- Mayor Suarez: Let's talk about it, if you don't mind, Commissioner, and we'll figure it out. Commissioner Carollo: Yeah. Well, you can always call a special meeting. Mayor Suarez: Yes. Commissioner Carollo: So let's make the calls. Mayor Suarez: Sounds good. Commissioner Carollo: Thank you. Mayor Suarez: Thank you. City of Miami Page 214 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 NAA DISCUSSION ITEM 4454 INVITATION BY COMMISSIONER CAROLLO TO ALL CITY Office of the City RESIDENTS AND CITY EMPLOYEES TO VARIOUS 4TH OF JULY Clerk EVENTS THROUGHOUT THE CITY. COMMISSIONER CAROLLO AND MAYOR SUAREZ WILL BE HOSTING THE FIRST 4TH OF JULY EVENT AT JOSE MARTI PARK; COMMISSIONER CAROLLO AND VICE CHAIR RUSSELL WILL BE HOSTING THE BAYFRONT PARK'S ANNUAL 4TH OF JULY CELEBRATION AND THE FIFTH ANNUAL 4TH OF JULY PICNIC AND FIREWORKS CELEBRATION WILL BE HELD AT REGATTA PARK. RESULT: DISCUSSED Commissioner Carollo: Before the Mayor goes -- Commissioner Reyes: Don't -- we have -- Vice Chair Russell: We have DI 4, as well, or no? Commissioner Carollo: Yeah, I know, but -- Commissioner Reyes: Huh? Commissioner Carollo: No, but -- Vice Chair Russell: DI. 4? DI 4 is the -- Commissioner Reyes: DI. 4, that was -- Commissioner Carollo: But before he goes -- Mayor Suarez: I think Commissioner -- Commissioner Reyes: Yes, yes, yes. Go right ahead. Commissioner Carollo: I'd like to invite all the residents of Miami and all the City employees -- the Mayor and I are going to be having the first ever Fourth of July fireworks, and there will be hamburgers and hot dogs; maybe even paella, if, you know, nobody's going to complain -- Commissioner Reyes: Jose Marti Park? Commissioner Carollo: -- atJose Marti Park. Commissioner Reyes: Stay away from the paellas, man. Commissioner Carollo: It'll be -- none of you guys running for office could come -- between 6 and 9 p.m.; the fireworks will start at 9 p.m. And Commissioner Russell and I would also like to invite all the residents of Miami and all our employees to Bayfront Park that's also having fireworks at 9 p.m. That's a traditional place. Commissioner Reyes: Yes, yes. City of Miami Page 215 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 Commissioner Carollo: However, I don't think you're going to be able to catch both, because they're both going up, more or less, at 9 p.m., at the same time. Vice Chair Russell: There's a third at Regatta Park, as well, that's going to be in Coconut Grove BID (Business Improvement District). Commissioner Reyes: Regatta Park. Commissioner Carollo: That's right, yeah. Mayor Suarez: Yeah. But I just want to say -- and I want to thank the Commissioner, because it's the first time ever -- I mean, Regatta Park and Bayfront Park are sort of signature parks. Commissioner Reyes: That's right. Mayor Suarez: But this is in the heart of Little Havana, and I think that's particularly significant -- Commissioner Carollo: It is. Mayor Suarez: -- because maybe these are the people that couldn't get to or wouldn't be able to get to or feel intimidated going to -- Commissioner Carollo: Absolutely. Mayor Suarez: -- some of these other places, and I think -- Commissioner Carollo: Absolutely. Mayor Suarez: -- it's special that we're doing this in a place where the residents can come and enjoy it, so thank you. Commissioner Carollo: And I appreciate -- Vice Chair Russell: Thank you. Commissioner Carollo: -- your help and cooperation of your staffs. City of Miami Page 216 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 NA.5 ATTORNEY-CLIENT SESSION 4455 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Cierk CONDUCTED AT THE JULY 12, 2018 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF 346 NW 29TH STREET, LLC, ET AL., V. CITY OF MIAMI, ET AL., CASE NO. 13-037260 CA 01, PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, JOE CAROLLO, AND MANOLO REYES; EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE- CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR CITY OF MIAMI COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): In the meantime, Vice Chairman, could I read a script into the record while you get whatever audiovisual? Vice Chair Russell: With regard to? Ms. Mendez: I have to read something on the record; I'm requesting a shade meeting. Vice Chair Russell: Yes, of course. Commissioner Carollo: Okay. Ms. Mendez: Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.0118, Florida Statutes, I'm requesting that at the City Commission meeting of July 12, an attorney-client session, closed to the public, be City of Miami Page 217 Printed on 08/28/2018 City Commission Meeting Minutes June 28, 2018 NA.6 4456 Office of the City Cierk ADJOURNMENT held for purposes of discussing the pending litigation in the case of 346 Northwest 29th Street, LLC (Limited Liability Company), et al., versus City of Miami, Case Number 13-03 7260 CA -01, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to the litigation expenditures. This private meeting will begin at approximately 10 a.m. or as soon as thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort, Joe Carollo, and Manolo Reyes; the City Manager, Emilio Gonzdlez; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco, Barnaby Min; Division Chief for General Litigation Christopher Green; Senior Assistant City Attorney Henry Hunnefeld; Assistant City Attorney Kerri McNulty. A certified court reporter will be present to ensure 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 City Commission meeting will be reopened, and the person chairing the City Commission meeting will announce the termination of the attorney-client session. Thank you. Vice Chair Russell: Thank you very much. DISCUSSION ITEM APPEARANCE BY AFSCME LOCAL 1907 PRESIDENT SEAN MOY REGARDING THE URGENCY OF ADDRESSING THE NEW BARGAINING AGREEMENT FOR GENERAL EMPLOYEES. RESULT: DISCUSSED Vice Chair Russell: Okay. Before I hit the gavel, there's a couple representatives of our AFSCME (American Federal, State, County, and Municipal Employees) Union that had -- wanted to say something. Two minutes, please. Sean Moy: Sean, of Miami General Employees, Local 1907. Just wanted to -- again, an urgency on our agreement; negotiated since last year in January, and it's been taking a lot of time. We're very frustrated and just want to get this issue resolved. We understand that we have negotiations early July; it's been pushed back, July 25. We had an offer on the table. We hope this Administration respect the offer that's been offered to us. We don't feel we're going to take anything less. We feel there's been some restoration of some benefits for some other labor unions, and as general employees, we just want what's fair and what's been presented to us. Vice Chair Russell: It's well -noted. I'd hope we have taken it -- would have taken it up today, and I'm sorry that we didn't, but we'll work to do so very soon. Mr. Moy: Thank you. Vice Chair Russell: Thank you. Meeting adjourned. Thank you very much. The meeting adjourned at 6: 50 p.m. City of Miami Page 218 Printed on 08/28/2018