HomeMy WebLinkAboutCC 2018-07-26 MinutesCity of Miami
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Miami, FL 33133
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Meeting Minutes
Thursday, July 26, 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 July 26, 2018
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo
and Commissioner Reyes
On the 26th day of July, 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 Chair Hardemon at 9:18 a.m.,
recessed at 12:02 p.m., reconvened at 2:38p.m., and adjourned at 6:27p.m.
Note for the Record. Vice Chair Russell entered the Commission chambers at 9:20 a.m., and
Commissioner Carollo entered the Commission chambers at 9:45 a.m.
ALSO PRESENT.
Joseph Napoli, Deputy City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Vice Chair Russell: (INAUDIBLE) City Commission in these historic chambers. The members
of the City Commission are Wifredo Gort, Joe Carollo, Manolo Reyes; Ken Russell, the Vice
Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Emilio T. Gonzalez, our
City Manager; and Todd Hannon, our City Clerk; not to forget Victoria Mendez, our City
Attorney. The meeting will be opened with a prayer, led by Commissioner Gort, and the
pledge of allegiance led by Commissioner Reyes. All rise, please.
Invocation and pledge of allegiance delivered.
PART A - NON -PLANNING AND ZONING ITEM(S)
PR - PRESENTATIONS AND PROCLAMATIONS
PRA PROTOCOL ITEM
4522
Honoree
Presenter
Protocol Item
Dr. George Simpson,
Commissioner Russell
Salute
Dr. Dazelle Simpson
Commissioner Russell
Salute
Magic Softball Players and Coaches
Commissioner Gort
Certificates of Appreciation
(18)
City of Miami Employees
Human Resources
Pins
RESULT: PRESENTED
1) Mayor Suarez and Commissioners saluted and commended the members of the City
of Miami Parks Disabilities Division MAGIC softball team. Coming off their second
consecutive Special Olympics USA Games in Seattle, Washington, this team
represents determination and strength as they competed notably to move up to
Division I and place four out of eight in the competition. Elected Officials paused in
their deliberations of governance to pay tribute and applaud the members of the City
of Miami Parks Disabilities Division MAGIC softball team.
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2) Mayor Suarez and Commissioners saluted and paid tribute to Dr. George Simpson.
Dr. Simpson serves as an inspiring example as someone who broke barriers to
achieve lasting and meaningful change in our community. As Jackson Memorial
Hospital's first black surgeon, Dr. Simpson played a vital role in paving the way for
other African-Americans to pursue a life of medicine and dedicated his life to
spreading hope and healing for countless residents throughout his illustrious career.
After a 40 year career at Jackson Memorial Hospital, practicing in Overtown and
Liberty City, Dr. Simpson continues to leave a lasting legacy as a true pioneer in our
healthcare community. Dr. Simpson also served actively in the civil rights movement
and the local National Association for the Advancement of Colored People
(NAACP). Elected Officials paused in their deliberations to honor and commend Dr.
George Simpson for serving as a pioneer in the medical field and beyond.
3) Mayor Suarez and Commissioners saluted and paid tribute to Dr. Dazelle Simpson.
Dr. Simpson served as a trailblazer in our healthcare community. In 1953, she
became Jackson Memorial Hospital's first black pediatrician and the first black
board-certified pediatrician in the State of Florida. Dr. Simpson, who graduated
from the top of her class from Meharry Medical College in Nashville, retired from
Jackson Memorial Hospital in 1995. She and her husband, Dr. George Simpson,
practiced for more than 40 years in Overtown and Liberty City, serving as
groundbreakers who paved the way for other doctors and medical professionals to
follow. Her distinguished life's work serves as a true inspiration and represents the
values of compassion, perseverance, and dedication that make our community so
special. Elected Officials paused in their deliberations to honor and commend Dr.
Dazelle Simpson for her service to the community.
4) Mayor Suarez and Commissioners recognized various City of Miami Employees for
their 25 years and 30 years of service, presenting them with Service Milestone
Awards and commending them for their dedication and commitment to the City of
Miami.
Chair Hardemon: We will now begin our presentations and proclamations.
Presentations and proclamations made.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1 City Commission - Planning and Zoning - May 24, 2018 9:00 AM
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Joe Carollo, Commissioner
SECONDER:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo,
Reyes
Chair Hardemon: Is there a motion to approve the City Commission meeting
minutes of May 24?
Commissioner Carollo: So moved.
Commissioner Reyes: Second.
Chair Hardemon: Been properly moved and seconded. Any further discussion on
that item? Hearing none, all in favor of that motion, say "aye. "
The Commission (Collectively): Aye.
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101NINMe] a9:1;1OEM
Chair Hardemon: Motion carries.
Chair Hardemon: We will now begin our regular meeting. The City Attorney will
state the procedures to be followed during this meeting.
Victoria Mendez (City Attorney): Any person who is a lobbyist, including all paid
persons or firms retained by a principal to advocate for a particular decision by the
City Commission, must register with the City Clerk and comply with related City
requirements for lobbyists before appearing before the City Commission. A person
may not lobby a City official, board member, or staff member until registering. A
copy of the Code section about lobbyists is available in the City Clerk's Office or
online on wwwmunicode.com [sic]. Any person making a presentation, formal
request, or petition to the City Commission concerning real property must make the
disclosures required by the City Code in writing. A copy of this Code section is
available in the City Clerk's Office or online at wwwmunicode.com [sic]. The
material for each item on the agenda today is available during business hours at the
City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any
person may be heard by the City Commission through the Chair for not more than
two minutes on any proposition before the City Commission, unless modified by the
Chair. If the proposition is being continued or rescheduled, the opportunity to be
heard may be at such later date before the City Commission takes action on such
proposition. The Chairman will advise the public when the public may have the
opportunity to address the City Commission during the public comment period.
When addressing the City Commission, the member of the public may first state his
or her name, his or her address, and what item will be spoken about. A copy of the
agenda item titles will be available at the City Clerk's Office and at the podium for
your ease of reference. Anyone wishing to appeal any decision made by the City
Commission for any matter considered at this meeting may need a verbatim record
of the item. A video of this meeting may be requested at the Office of
Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or
other noise -making devices are permitted in 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 Commission chambers will be barred from
further attending Commission meetings and may be subject to arrest. No signs or
placards shall be allowed in Commission chambers. Any person with a disability
requiring assistance, auxiliary aids and services for this meeting may notify the City
Clerk. The lunch recess will begin at the conclusion of the deliberation of the
agenda item being considered at noon. The meeting will end either at the conclusion
of the deliberation of the agenda item being considered at 10 p.m. or at the
conclusion of the regularly scheduled agenda, whichever occurs first. Please note,
Commissioners have generally been briefed by City staff and the City Attorney on
items on the agenda today. At this time, the Administration will announce which
items, if any, are either being withdrawn, deferred, or substituted. Thank you.
Joseph Napoli (Deputy City Manager): Good morning, Mr. Chairman, Mr. Vice
Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time,
the Administration would like to defer the following items: To be indefinitely
deferred, PH. S; to be deferred to September 13, PH.] 0; to be deferred to September
27, PH. 12; to be indefinitely deferred, FR. 3; to be deferred to September 13, RE. 10;
to be indefinitely deferred, RE. 18.
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Commissioner Reyes: Could you repeat that again?
Ms. Mendez: Could you repeat it again?
Mr. Napoli: Yes, sir. The following items we would like to defer: to be indefinitely
deferred, PH. S; to be deferred to September 13, PH.] 0; to be deferred to September
27, PH. 12. -
Commissioner Reyes: PH. 12?
Mr. Napoli: 12. To be indefinitely deferred, FR.3; to be deferred to September 13,
RE. 10; to be indefinitely deferred, RE. 18.
Commissioner Reyes: Thankyou.
Chair Hardemon: Are there any other items that the Commissioners wish to have
deferred, withdrawn, continued? Is there a motion in accordance?
Vice Chair Russell: I'll move the item.
Chair Hardemon: Its been properly moved.
Commissioner Gort: Second.
Chair Hardemon: Seconded by Commissioner Gort. Any discussion on the item?
Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S)
Chair Hardemon: At this time, I'm going to open the floor for public comment. If
you are a member of the public and you want to speak on any item that's before this
agenda today, now is your opportunity to do so. Approach any of the two lecterns;
state your first name and your last name; you may state your address, and please
identify which item it is that you're speaking of. Once again, I'm opening the floor
for public comment. If you're a member of the public and you want to give a public
statement about any of the items on the agenda -- the morning agenda, that is; not
the Planning & Zoning agenda -- state your first name and your last name, you may
state your address, and what item it is you're here to speak of. Sir, you're
recognized.
Brett Bibeau: Good morning, Honorable City Commission. Brett Bibeau, managing
director of the Miami River Commission, with offices located at 1407 Northwest 7th
Street. On July 9, DREAM (Department of Real Estate & Asset Management)
Director Dan Rotenberg; Igor Reyes, from NBWW (Nichols Brosch Wurst Wolfe),
and Michael Llorente of Llorente Heckler, presented illustrative drawings and,
quote, 'Aspirational Development Guidelines" for the City of Miami's potential sale
of 444 through 460 Southwest 2nd Ave. to the Adler Group for development. The
presented project features a public riverwalk, consistent with Section 311 of the
Zoning Code; retail, residential, office, hotel, and 100 public parking spaces. The
Miami River Commission did not consider and is not providing an advisory
recommendation related to the financial components of this item. For example, the
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value of the City of Miami's two riverfront parcels, the potential location and value
of constructing a new office building for the City, et cetera. So we're not opining on
that, at all. The Miami River Commission adopted a unanimous resolution, finding
the proposal consistent with the adopted Miami River Greenway Action Plan and the
Miami River Corridor Urban Infill Plan, and that the City Commission allow the
item to be voted on by the public at referendum, subject to the following five
conditions: Number one is full compliance with the Zoning Code, Section 311, the
50 foot building setback from the water; the 25 -foot -wide public riverwalk, featuring
a minimum 15 -foot -wide, unobstructed circulation zone, view corridors, et cetera;
number two, maintain existing boat access; number three, consider coastal flooding
and design, using data from the City; number four, inspect the seawall and construct
a new seawall, if needed; and number five, incorporating the Aspirational
Development Guidelines. The presenters agreed to all the Miami River
Commission's recommended conditions. Your continued support for the Miami River
District is appreciated. Thankyou, gentlemen.
Chair Hardemon: Thank you, sir. Ma'am, you're recognized.
Merdochey La France: Hi. Good morning, Chairman Hardemon, Vice Chairman
Ken Russell, and Commissioners. My name is Merdochey La France, 44 West
Flagler, Miami, Florida 33130; here to speak in support of Item PH.2, 4344 City
Year. I want to thank the Commission in advance for your support for City Year.
Last school year, as you all know, you supported our team at Miami Northwestern
Senior High, and it was an incredible impact that we made on not just the school, but
also the community. And so, I would urge your support for the following school
year. We supported close to about 750 students with respect to one-on-one English
and language arts, and math tutoring, behavior coaching, as well as
social/emotional learning. And so, I'll wrap up my comments by again thanking the
Commission, and just simply urge your support for the item. Thank you.
Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Annie Lord: Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners.
My name is Annie Lord. I'm the executive director of Miami Homes for All, and I'm
here to express our support for Consent Agenda Item Number 2, which is the
proposed collaboration with FIU (Florida International University), to help prepare
a plan for the preservation and the creation of affordable housing in the City of
Miami. As you all know, through my various presentations, Miami Homes for All
has been engaged by the City as part of the community team to help with the plan.
That includes the effort with Connect Capital, the grant that's been received by the
City, and the expert technical assistance that is coming with that grant. So I want
you all to know that these -- all these different elements are really part of the same
plan. So Connect Capital, Miami Homes for All's partnership with the City, and
FIU's engagement would all go towards one plan, and all these elements are being
coordinated. So we definitely support engaging FIU. They will provide extensive,
deep data, district by district, which will be important for the plan itself, as well as
best practice research and other elements to the plan, including the plans -- the
actual deliverable design. So I'd just express my support, and thank you so very
much for your attention.
Chair Hardemon: Thank you very much, ma'am. You're recognized, ma'am.
Ana Mari Ortega: Good morning. My name is Ana Mari Ortega, and I have the
pleasure of serving as the board chair for City Year Miami. I want to thank Mayor
Suarez, Chairman Hardemon, Commissioners Gort, Reyes, and Carollo for your
support, and as well as Zerry, and Milton Vickers. This will be the second year that
City Year would -- that the City would provide a grant to underwrite our student
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success coaches at Miami Northwestern Senior High school. Because of your
support, 726 students received one-on-one support in English, language arts,
mathematics, behavior coaching, and social/emotional learning. City Year is
grateful for your support last year, and we urge you to support the item for this year,
to support our student success coaches at Miami Northwestern Senior High. Thank
you so much.
Chair Hardemon: Thank you.
Ines Marrero: Good morning, Mr. Chairman, members of the Commission. My
name is Ines Marrero. I'm attorney with offices at 701 Brickell Avenue. I'm here to
speak on Item RE. 19. That is your resolution directing the City Manager to draft a
zoning text amendment to restrict entertainment facilities. This morning I emailed a
letter to all the Commissioners, the City Attorney, the Mayor, and the Manager,
laying out our objections to this resolution. And I am joined this morning by Mr.
Adam Lamb, from Hall, Lamb, Hall & Leto. He is a litigation counsel for West
Flagler Associates. I just want to mention his name. But more importantly, I just
want to take this opportunity to reiterate our position, which is that while we respect
the legislative authority of this body to enact changes to its Zoning Code, property
owners have rights, and you cannot enact legislation and apply it retroactively. And
if you intend to adopt zoning in progress, there's procedures, and we vehemently
submit to you that the attempt to establish zoning in progress notice through this
resolution is illegal, it's invalid, and it's an abrogation of property rights. Thank
you.
Chair Hardemon: Thank you very much.
Ms. Marrero: And I'm going to pass out copies of the letter again, and to the Clerk.
Thanks again.
Chair Hardemon: You're recognized, ma'am.
Zoe McKenzie: Good morning, my name is Zoe McKenzie. My address is 44 West
Flagler, Suite 500, Miami, Florida. I have the honor of working for City Year
Miami. Thank you, Mayor Suarez, Chairman Hardemon, and Commissioners Gort,
Reyes, and Carollo, for your support. I'm here to offer support to PH.2, 4344, a
grant for City Year Miami. This will be our second year. The City would provide
the grant to underwrite student success coaches at Miami Northwestern. City Year
is thankful for your support, which empowers us and our student success coaches for
another year at Northwestern Senior High. Thank you so much.
Chair Hardemon: Thank you very much. The champ is here.
Ronald Book: Mr. Chairman, nice to see you.
Commissioner Carollo: Why?
Mr. Book: For the record, Ron --
Commissioner Carollo: If that's not a poker face, I don't know what is.
Mr. Book: Thank you. For the record, Ron Book, 18851 Northeast 29th Avenue,
Suite 1010, Aventura, Florida. I'm here on behalf of the Havenick family and Magic
City Casino. You've just heard briefly from Ines, from Holland & Knight, and Mr.
Lamb is here from Andy Hall's firm. I simply want to say a few things. I've been in
this community all my life. I've been doing what I do for a living for 44 years. I
don't remember a time where there was an attempt to deprive someone or some
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corporate entity of their rights more than this attempt here. If you had attempted to
do this prior to the family applying for a permit, prior to securing a letter from this
City, indicating every bit of their rights to apply for a State jai alai permit, it would
be different. This issue is about a deprivation of civil rights, a deprivation of their
equal protection rights; about fairness, morality, reasonableness, responsibleness
[sic]; and targeting a single use currently, absolutely allowed under your Code.
This family has been in this community for decades and decades. They opened up
Magic City Casino, formerly Flagler Dog Track, in 1952. They've hired thousands
of individuals from this community, and they have some reasonable expectation to be
treated fairly under your Code and under the Constitution of this State and the
United States. 1982, I started representing this family. They have done nothing but
the right things, but this is missing what it does. This is nota casino. It is a jai alai
fronton and a cardroom, and the family is prepared to commit themselves to it being
nothing more than a jai alai fronton and a cardroom. Mr. Chairman, thank you for
the opportunity, Commissioners. We'll be here when the item comes up as well.
Chair Hardemon: Thank you very much, sir. You're recognized, sir.
Andrew Rasken: How you doing? Good morning. I wanted to thank the -- My
name is Andrew Rasken, 3295 Charles Avenue. I wanted to thank the City
Commission for allowing me a brief time to speak this morning. I wanted to speak
about the multiple property thematic historic designation in the West Grove that took
place last week at the HEP (Historic & Environmental Preservation) Board meeting
on Monday, July 16. Commissioner Carollo, as your appointed member of the HEP
Board, I must express my deepest concerns for what took place last week at the first-
ever experiment, multiple property thematic historic designation. As I was required
to recuse myself as one of the property owners, I was appalled at what happened. I
sat in the chamber and watched what I considered as disturbing abuse of power by
the Historic Preservation staff and the HEP Board. Normally, in an individual
property designation, they don't limit the time that the owners have to present
themselves. On July 16, they unilaterally and without notice to the property owners,
some who had spent hours preparing presentations, were offered two minutes to the
public and three minutes to the individual property owners. What took place? Of all
the 58 homes that were being considered for historic designation, there were only six
people, six of 58 -- that's 12 percent -- in support of having their homes designated.
There were 88 percent -- that's 51 of 58 people -- against or without representation
for having their property designated. I'm very appalled. I'm very disturbed. That's
very upsetting. After eight hours of the meeting to watch the Commissioners
celebrate designating property owners -- 88 percent of the property owners who are
against this designation -- was really appalling. It was highly disturbing. The other
thing I want to note is at the last hearing, you had mentioned that properties that
were unsafe structure, which my property was designated unsafe structure, should be
removed. And you had Mrs. Gibson and Christ Church property removed, because it
was an unsafe structure. You know, I think that that should be a requirement. If
your house is proposed to be demolished, why should you also then be a historically
designated property? So I'm here in favor of Commissioner Reyes' appeal fees being
waived. I'm being obligated to pay approximately -- just in fees to the City -- over
$2,000 to fight this, in addition to hiring an attorney, in addition to having to do
plans, in addition to having to submit numerous amounts of paper just to fight my
case to present in front of you in two months. I bought the property from a slumlord,
who bought the property for $75,000 20 years ago. I bought it for land value. I
bought it to build a house for my family. It's an unsafe structure. All I want are my
rights.
Chair Hardemon: Thank you, sir.
Mr. Rasken: So thank you, Commissioner Reyes.
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Chair Hardemon: Sir, you're recognized.
J.B. Diederick: Good morning. My name is J.B. Diederich, and I live at 5410
Riviera Drive. I'm Haitian -American, and I've lived in Florida since 1981. I
thought I was participating in the American Dream when I bought my two duplexes,
but it has turned out to become an American nightmare. Mr. Chairman,
Commissioners, and Mayor Suarez, I would like to offer you all my most sincere
gratitude for considering and adopting Commissioner Reyes' amendment that would
eliminate the appeal fees and costs for the City's experiment in multiple property
designation. My wife, myself, and a group of property owners are filing 16 appeals,
and many of us face duplicate fees and mailing costs, as you, the Historic
Preservation staff and the HEP Board, have determined that the duplex with one
folio number and one property tax bill is actually two structures for multiple
property thematic designation. That means that I must pay $525 filing fee for each
half of one duplex, one building, and pay $3.50 twice for two sets of the same
mailing labels that will be mailed with certified mail to about 180 properties for
each side; one each for each of my duplexes. That's four times. For the past four
months, I have gone to City -organized meetings, and for the last four months, like a
broken record, all I've heard is that "With historical thematic designation, all our
problems will be solved. We're going to get you the money to fix your property if it's
designated. You don't have to do anything if your property is designated. We will
provide incentives if your property is designated. You will be able to sell valuable
TDRs (Transfer Development Rights) and TDDs (Transfer Development Densities) if
your property is designated. Your property value will go up if you're designated. I
have $2 million right now for designation" -- "designated properties. The West
Grove will be just like Key West, Miami Beach, the MiMo (Miami Modern) District,
and Morningside, if all the thematic properties are designated. And don't worry, "
they said, they said, and they said. If you don't want to be designated, you can
always appeal. " Really?
Chair Hardemon: Sir?
Mr. Diederick. Well --
Vice Chair Russell: Mr. Chair?
Mr. Diederick. -- then why am I writing a check?
Chair Hardemon: Sir?
Mr. Diederich: I'm the one writing a check. I'm sorry. I have two more seconds to
go. Why am I writing the check instead of getting these famous incentives?
Chair Hardemon: Sir, your --
Mr. Diederich: Taking in old wooden duplexes, built in the '30s and '40s, and the
jerry-rigged amendments to the Historic Preservation Code, and the value of
uniquely applied standards and criteria is likely something you can only get with the
NCD (Neighborhood Conservation District) -2 and the Historic Negro District.
Commissioners, Mr. Mayor, I'm asking you to please approve the Reyes Chapter 23
amendment to waive fees and costs for any property owner bringing an appeal for
the wood frame vernacular residences in Coconut Grove/Village West multiple
property designation. Finally, for the record, I want to tell you that my attorney's
going to be submitting an email conversation that he's had with Miami Herald
reporter, Andres Viglucci, that clearly outlines the concerns of affirmative
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maintenance requirements and the forced obligations of property owners under this
designation. Thankyou very much.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: You're recognized.
Vice Chair Russell: Question for the City Attorney and the Planning Department,
please. I did notice during this designation process through the HEP Board, what
Mr. Diederich said seemed to be true; that single structures were getting double
designation, which could cause double fees, and I definitely want to see if that's
something administratively we could solve at this point. If that was a clerical error,
and that one structure is being designated twice, that we resolve that at this point. Is
that something we can look into, and is that something we can verify? Thank you.
Chair Hardemon: Ma'am, you're recognized.
Renita Holmes: Yes. Good morning. Thank you, Commissioners. Madam Holmes,
Wave of Women in Public Housing, Education, Finance, and Development. And
grateful to be here today. Just a reminder and a consistent watch over the level of
participation of Wave of Women and Women in Public Housing, single mother, head
of households, and those of us who poverty initiatives always proclaim to impact.
I'm here by the grace of God and still living on the income, but yet, I perpetuate my
levels of participation in representing as a class item or a class act of those women
who can't be here today to participate in the public process. When it comes to the
HUD (Department of Housing and Urban Development) and the public process, it's
always been from the very beginning that we had a level of performance that was
measured, that we had goals that were measured, that we had strategies that were
implemented by women for women to assist women head of households. I'm a fine
example. So please acknowledge me in saying that if I'm not getting it and you're not
getting it, then we're not getting it. And I've been trying to get you to understand that
you need to get this work. You need this work. When women get up in the morning
and they come home at night, they can't be in some of the places where these
meetings have been held, but yet, HUD mandates that we get 33 percent of the dollar
and that we participate. I'm going to close it in right now, Commissioner, because I
believe that the documentation that will be submitted to each of you in regards to the
Fair Housing and Economic Opportunity Complaint that I am making about
ensuring that women -- poor women, and particularly black women, with all of this
development and historical development and this process -- quasi-judicial processes
are occurring and we have no type of support. When I began to say fair housing and
economic opportunity in the last three to four years in public hearings, I have been
assaulted, attacked, and shut down, but I try to do things by policy. Well, if you're
not going to treat me like a lady, then, why even have a covenant? I feel like all of
you are my husbands, that all of you have my pocketbook, but when I look at the past
several years, the color of law, and the patterns and trends that have occurred for
women in public housing in poor communities, we're just not getting our fair share.
I want my fair housing economic opportunity. I want my rights to participate. And
so, I'll leave you with this question, particularly since we have a new City Manager,
whom I applaud, and those of you I see are taking initiatives in my black community.
We're intelligent women. We work at other industries, other than building up
something men have torn down. In the spirit of Athalie Range, we had public service
and poor funds that we talked about as women, but I don't see that. I mean, I'm not
somebody that's into sex or into genders, but I'm into fairness, so I need to ask the
City Manager, what is the actual performance measures strategies and goals? Have
we met them for public participation for women in public housing, poor black
women? Because we sure as hell have put a lot -- excuse me, Commissioners -- all
due respect. We catching hell. We sure as hell sitting here with all of these Phs and
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RAs to people who've never served our children, never sought a partnership, and
ain't poor. So are we, Mr. City Manager, performing according to the rules and the
guidelines with goals and strategies? And with this 2018 BU and with the greenway
over in Lummus Park, we're not. My children aren't getting it. All of this
development going on. What is the poverty initiatives impact and its goals? What is
its measurements? What's the standard right now?
Chair Hardemon: Madam Holmes?
Ms. Holmes: Don't forget me. I appreciate you taking the time to listen to my
complaints. I appreciate the public information request that I have --been made for
over several years being honored. Please, if we're going to stay to the City Attorney
-- and I'd like to know what the County has done and told you, because it's just not
adding up for women, that's just not adding up.
Chair Hardemon: Thank you, Madam Holmes.
Ms. Holmes: Thank you.
Chair Hardemon: Okay. So the public comment has gotten away from us. We have
two minutes to address the public. I'm sorry. There's two minutes per person for
public comment. And so, when your two minutes are up, I will stop you. I just want
you to know that moving forward, because it went from 20 seconds to 30 seconds,
45, one minute, a minute and a half, and then two minutes over the two -minute
public comment section. So you all are going to have to follow the rule, because of
the abuse. All right? So, ma'am, you're recognized.
Fran Mires-Diederick: Thank you. My name is Fran Mires-Diederich, and I'm
standing here. I'm in favor of the Manolo Reyes amendment to kill the appeal fees,
and I thank you for bringing that to this meeting today. I co-own with my husband,
3758-60 Frow Avenue, and 3475-77 Hibiscus Street; they are duplexes. I'm standing
here to tell you clearly and firmly that the historic designation of our two properties
last week by the HEP Board is already causing us major financial hardship. I am
dead against our properties being designated historic. I consider it a hacking of
our rights. And I am upset, sickened, sad and angry that the sneaky, unprofessional
HEP Board, in their absurd, three-tier criteria, which I believe is baseless,
unscientific and quickly thrown together with zero transparency, no methodical
process -- was forced down our throats without due process, vote of the people, or
fairness for all. And I listened to the entire meeting last week. The board gave us 15
days to appeal. This appeal fees you are hearing about today will cost me over
$4,000, which I cannot afford. I carefully budget my financial life for my family of
five, and I do not have an extra pad of $4, 000 to pay for an appeal that should be our
right. The fee is so outrageously high, I'm labeling it extortion. Why? If we don't
pay the free, we cannot appeal. The HEP Board wins by default. I believe that there
is -- that, indeed, is the end game. Poor people cannot fight like the rich. It cost
money. Hardship, pure and simple. I cannot afford to pay this extreme fee that
should never have been asked in the first place. Commissioners, I'm formally asking
that this Commission today eliminate the outrageous appeal fees entirely, and ask
the Mayor to sign today so that we, the people, can appeal unjust designation of our
properties historic. Thank you.
Chair Hardemon: Sir, you're recognized.
Mike Hill: Good morning, Chair and Commission. My name is Mike Hill. I work
with Unite Here Local 355. I'm here to speak on RE. 11, and let the Commission
know that there is no executed Labor Peace Agreement, per the City's policy. We've
reached out to developers as early as January of 2017, and just recently held our
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first meeting a couple days ago. We believe that if this item moves forward today
that it must do so with a requirement for an executed Labor Peace Agreement before
any agreements are executed by the City. Thank you.
Chair Hardemon: Thank you, sir. Ma'am, you're recognized.
Telica Henry -McQueen: Good morning. My name is Telica Henry -McQueen, and
I'm here in regards to SR. 4, the appeal fees. I, too -- my home was designated
historic last week against my will, and it has started to cause my family an enormous
amount of money between the appeal fee and the postage of all the neighbors, and
even just trying to figure out how to do the process of capturing all the people that
need labels has been an enormous amount of work. I don't know how my family
home made this list. The initial criteria was for shotguns. It isn't that. Then they
changed the rules. They broadened the rule so broad that almost every wooden
home would be a part of the designation. No one considered any of the
modifications that we've taken to the home, and many modifications have been made.
But most importantly today, I want to appeal, but I'm being blocked because of all of
the fees and the processes that a common -- a regular person could not do. And I
feel that I'm pretty well educated, but it's not that easy; not as easy as it was said to
me last week. `Just appeal. You have 15 days. " I need help. Thank you.
Chair Hardemon: Thank you very much, ma'am.
Jackie Indacochea: Hi. My name is Jackie Indacochea, and I own 3508 Hibiscus
Street, and I'm also here asking that the fees -- the appeal fees be waived. I just want
to say that I purchased my first home in Coconut Grove in 1985 and still own it
today. I'm not a developer. I was just a self-employed woman concerned with my
future, so I began to purchase properties and fix them up; some I sold, some I kept as
rentals, and that's my retirement plan. So here's the problem I have: The
notification process is flawed. My first notice for an April hearing, where we were
assured that there would be plenty of time to voice our opinion, have our properties
inspected and considered for designation, and if they were, we would receive
incentives to do so. We heard nothing until June, when we got two certified notices
that were sent to us while we were out of the country, and the letters were sent back.
Came back to find out my house was designated, and 10 houses were taken off --
approximately 10 houses were taken off that list. I would like to know, since my
property is not a shotgun house and was very modified, even before I purchased it,
what was the criteria to put my house on the historic designation list, and what was
the criteria to take those 10 properties off? Lastly, and my major concern, now that
I am designated, I have to go before the HEP Board, and the cost of affirmative
maintenance requirements and penalties for noncompliance, which are clearly stated
in the Code. For example, I own another property in Miami -Dade, where Water and
Sewer moved the waterline, and I had to connect a new line to that line. That was
2016. We went to get a permit to pull a tree, which was on the prohibited species
list. They refused to give us a permit. We had to hire lawyers at great expense.
Finally went up to the City Attorney, and it was -- they agreed we were right. That
was ridiculous. I don't want to do that again. They -- we were promised to be
noticed, informed, heard, and given incentives. What sometimes is meant to protect
the Grove from over -development ends up punishing individual property rights. I
want my house off that list. Thank you very much.
Chair Hardemon: Thank you very much, ma'am.
George Simpson: Yes. My name is George Simpson. I'm speaking for Sturrup
Properties, but before I do that, I was asked to speak for Antoinette Silva, who lives
in Texas. She came for the HEP Board meeting, but she couldn't keep flying back for
all of these appearances. So let me first read a brief statement that she sent to me in
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reference to her property at 3587 Hibiscus Street, and then I'll speak about the
Sturrup properties. Okay. This is from Antoinette Silver -Simmons. "Dear City
Commissioners: My name is Antoinette Silver -Simmons, owner of the property at
3587 Hibiscus Street, originally owned by my grandparents, William and Ellen
Sturrup. " That's spelled S -T -U -R -R -U -P. Our spelling is different, but they're our
cousins; country cousins, anyway. Then my mother, Vanika (phonetic) Sturrup-
Silver, my mother served this community for many years as an educator, president of
the Coconut Grove Cares, Chair of the Miami -Dade Human Resources Board, and
leader of -- a leader of Christ Episcopal Church, and Vice President of the City of
Miami Commission on the Status of Women. I'm very much in favor of preserving
history and culture; however, I feel that 50 or more homes that have been selected
are singled out for the benefit of the whole area, thereby placing the burden of
preservation on only a few. It should be noted that preserving cultural heritage,
public buildings, such as churches, museums, theaters, and libraries, are places that
define a community, not houses. There also be economic hardship placed on me as a
homeowner. The expense of historic preservation and meeting the requirements far
exceeds the value of the property. Another point that has not been considered is that
my home has had significant modifications over the years, with additions and
modernizations, thereby losing its historic relevance. Also, my house is not
considered is a shotgun style. Lastly, the National Historic Registry requires the
consent of all property owners prior to being listed; otherwise, it is considered an
infringement on homeowners' rights. I urge you to please remove my house from
this historic designation list. " Signed, Antoinette Silver -Simmons. Okay, that's for
her. Now, I am -- I'm as I said, my name is George Simpson. I'm speaking for
Stirrup Properties. My great grandfather, E. W Stirrup, was born in the Bahamas
and emigrated to Key West at 15, in 1888. 10 years later, he moved to Cutler, where
he worked in the pineapple fields by day and cleared land for homesteads at night,
him and his wife. Often, he was paid in land in lieu of cash. In 1899, he
permanently moved to Coconut Grove. And in 1897, he completed his family house
at 3242 Charles Avenue, which has been declared historic, and he spent over seven
figures in restoring it, so obviously, we are for historic preservation. During his
lifetime, he constructed more than 135 houses, which he rented and sold to
Bahamians that were based in the Coconut Grove and South Miami areas. Many of
these houses remain today, and a number of them are on the HEP Board's list of 51
houses. During the decades, many of these houses have undergone, including the
two we have on our list, substantial changes from their original form. We have some
examples, which I can submit, in terms of the changes on the two houses that are still
on the list. So as I said, we've been in this neighborhood -- my family -- for 140
years. We have seven generations to prove it, and we hope we get the consideration.
And lastly, I'm in support of Commissioner Reyes -- the change that he's proposing.
Thank you.
Chair Hardemon: Thank you, sir.
Frank Schnidman: Mr. Chairman, members of the Commission, my name is Frank
Schnidman. I live at 1858 Northeast 34th Street, in Fort Lauderdale. I was here to
talk about SR.2, the TDD, and I'm also going to now make a brief comment about
SR. 4, the amendment that Reyes is proposing about fee waiver. First of all, the idea
that shotgun homes or these vernacular bungalows would be divided so that each
agenda item would be a half of a house was intentional and punitive. I have given to
the Clerk correspondence with the Chief of the Hearing Board, which clearly
indicates that they meant to charge each half. We have incurred more than $5,000
in costs in preparing labels, duplicate labels already. It is punitive and intentional,
and I think about that. And I also want to ask you to handout --there is a map that
each of you should have, and that relates to what I'm about to say. But first of all,
Commissioner Reyes is going to have a floor amendment to basically waive the $525
fee and to waive the $3.50 fee per mailing label. I am the attorney who's handling
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16 appeals; $14,000 to bring these appeals. And then quickly, as far as PH. 2, the
TDD legislation, I think that it has a disparate impact. I think that you need to defer
it forever, until you come up with the required incentives for the Historic Negro
District. It is outrageous, outrageous that you are actually going to back -date five
years and give people TDDs to incentivize them for historic preservation when you
have nothing for the people in the Historic Negro District. You offered nothing.
Thank you very much.
Chair Hardemon: Thank you.
Christine Rupp: Good morning, Commissioners. Christine Rupp, Dade Heritage
Trust, 190 Southeast 12th Terrace, Miami. I'm here to speak on two items; in favor
of SR.2, the TDD ordinance. I'll tell you, it's progressive, your staff has worked
painstakingly to put this together, and it provides a great template to other major
cities. And I congratulate the City staff for their hard work. I'm also here in
opposition of SR.4, as far as the economic hardship part of the ordinance --
proposed ordinance by Commissioner Reyes is concerned. We've provided legal
precedent in the past and in another case this morning that is contrary to this
ordinance, as far as pleading historic -- or pleading economic hardship is
concerned. There's a proper process in place already by the City. It's accepted
practice here in Miami -Dade County, the State of Florida, and nationwide. So
evidence by the court case that I sent to you this morning, the Third District Court of
Appeals has an opinion regarding economic hardship, which has been in place since
1994, and it upholds the current process that you have in place. So I encourage you
to take a relook at that, look at the law, and let the law guide your decision. Thank
you.
Edward Martos: Good morning, Commissioners. Thank you for the opportunity.
For the record, Edward Martos, with offices at 2525 Ponce de Leon Boulevard, here
on behalf of Braman Motors and multiple property owners along the Biscayne
corridor. I'm here to speak about RE. 19, with respect to gambling establishments,
which, under today's current Code, are permitted essentially in every district, except
the T3 zones. The proponents -- or the opponents, I should say, who spoke earlier
emphasized the idea that there was some sort of deprivation that's happening here or
taking, and I'm here to urge you that there is no such thing going on. First, because
there is no vested right inherent in buying a property; second, because you are not
stopping anyone from engaging in that kind of activity. You are only creating a
process, and I think that process is integral, not only to the operation of a city, on a
process that creates public input, but also to advancing Miami 21, which you all
know is about protecting neighborhoods, and that's the goal that you have to have in
mind at all times. Miami 21 and your City Code creates processes for all sorts of
uses. To give you a couple -- very poignant examples. If you have five Pac-Man
machines, you must go to a public hearing, okay? Not a gambling machine, not a
slot machine, but a Pac-Man, just to play Galaga, okay. If you have five, you need a
public hearing. Similarly, if you wanted a nightclub, you would have to go to two
public hearings; one before the PZ,4B (Planning, Zoning & Appeals Board) and
second before the City Commission. What we're proposing and what your -- what
the legislation's that's before you would simply require a process, public input that
ultimately advances the goals of Miami 21. And so, I urge you to please adopt the
ordinance -- the resolution today. Finally, with one last legal point. Ms. Marrero
emphasized that zoning in progress is somehow illegal. Zoning in progress is a
concept that's been adopted by the Florida courts, and it's been advocated. Its
based on reasonableness, okay? And what you're doing here is putting the public on
notice that the City Commission is making a policy determination with respect to this
particular use that can alter neighborhoods. And one very last final point -- almost
forgot -- the reason why this is coming up now is not because somebody has had an
idea; it's because Tallahassee has changed laws that Miami 21 never contemplated
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being changed, laws with respect to gambling. There have also been judicial
determinations, okay, that interpreted those laws very liberally. So Miami has never
had an opportunity to contemplate these uses. And so, it's critical, for the sake of
your neighborhoods, that you create a process now. Thank you very much for the
time. I appreciate that.
Chair Hardemon: Thank you very much, sir. I don't think I've ever seen five Pac-
Man machines in any building.
Mr. Martos: Well, not all --
Chair Hardemon: At the most, two.
Mr. Martos: Well, there's Mrs. Pac-Man, there's Pac-Man, Jr., there's --
Chair Hardemon: Never more than two.
Mr. Martos: Thank you.
Albert Gomez: Good point.
Chair Hardemon: Right. You're recognized.
Mr. Gomez: Albert Gomez, 3566 Vista Court, Miami, Florida, speaking on PH.9. I
have seen this opportunity brought before by the sponsors, Commissioner Manolo
Reyes. I've seen this proposal brought forward before Commissioner Reyes joined
the Commission. And it's been pushed to try to be brought forward on several
occasions. I think there's some conflicts with it, and one of the conflicts is that we
are going to be getting renewable energy at metered rates. That isn't a benefit to the
City. Getting free solar panels to show solar panels but still paying metered rates in
perpetuity does not bring any benefit to bear. So there is a lot of money out there in
the world available for cities and municipalities to implement their own distributed
grids if they wish. With the regulation changes that have recently came through with
the State, it allows you and it affords you that opportunity. This is not a benefit. If
they want to put some solar trees, that's fine. But integrating a solar ring on the
property or engaging that at a metered rate environment is not a benefit to the
public. Secondarily, we currently have a gag order. You guys -- I mean, the
Commission can make a statement, but the City itself and the City Attorney cannot
fight FPL (Florida Power & Light) on things -- they cannot put suit towards FPL,
based on the last settlement that you put forward. And right now, Turkey Point is
being reviewed by the NRC (Nuclear Regulatory Commission) to reauthorize -- to be
reauthorized on Reactor 3 and 4 on a sea level rise rating that is below your
projected standard and within the compact. So I think the -- FPL needs to be a
good faith actor and apply best practices and raise that standard, and we should ask
for some quid pro quo here and some standardization or harmonization of current
things that are not in our best interest before we get in bed with them and institute
this metered rate, non -truly -renewal option, when there are plenty of monies
available for us to implement this in the truest fashion of the distributed grid, which
empowers the City and its residents, so.
Chair Hardemon: Thank you, sir.
Mr. Gomez: No problem.
Linda Alger: Good morning. My name is Linda Alger, 2784 Southwest 29th Avenue,
33133. Commissioner Hardemon, the rest of the Commissioners, thank you for
hearing me today. I want to speak about the legislation being brought forth by
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Manolo Reyes. As you know, I've attended probably every single public meeting and
hearing to deal with the multiple property thematic designation way back till
October 26, 2017, when it was first introduced on a first reading to change Chapter
23. Chair, at that meeting, when you were hearing the conversation about it, you
said -- when they said everyone will be entitled to an appeal -- `Appeal? You need
an attorney. You need money. You have to be fairly educated to appeal. Those
experts that sit on the Historic Preservation Board, that's who you're appealing to. "
I am talking about someone who lives in a shotgun home. At all the meetings, at all
the public information meetings that were held at Armbrister Park -- and I believe I
attended five of them -- not once did the cost of appeal come up. "Yes, you have the
right to appeal, " and now the people that want to use their right to appeal must pay
an inordinate amount of money. And so, I'm asking you to please support
Commissioner Reyes' resolution today. Thank you very much.
Chair Hardemon: Thank you. We couldn't talk about housing in the Grove without
hearing from you.
Cathy Parks -Suarez: Good morning.
Chair Hardemon: Good morning.
Ms. Parks -Suarez: My name is Cathy Parks -Suarez. I live at 4035 Battersea Road.
I'm here to support SR.4. There's nothing wrong with preservation done fairly and
done right. I've listened to all sides. I've attended every single meeting, including
those that the owners affected by the historic designation were not even invited to.
I've read both Commission meetings from July 27, where it was a historic district. I
know who spoke in favor. I know who spoke against. I've watched the videos from
the July for historic designation, and October 26 for the multiple property
designation. Chairman Hardemon, you couldn't have called this -- Everything you
said in the transcript, in the video, it's there. You called it. We're watching it. It's
playing out. All the things that you said -- you know your communities. So I'm
asking that we do something about the fees. People are running around, freaking
out. Labels. Legal descriptions. It's really hard. They don't understand. There's no
pot of gold. 3514 Frow offered their home to the Dade Heritage Trust for a dollar,
and they didn't want it. Dade Heritage Trust posted this picture of this shotgun on
their website. When I shared this picture with the owner at -- we have segregated
crime watches in Coconut Grove -- at the white crime watch meeting -- he's a white
land owner -- he was so upset back in February; he must have known this was
coming. He sent his wife out to call his tenant. "These are not shotguns. These
aren't wooden houses, " because he rents these out, and he didn't want to be on the
list. These aren't wooden houses, according to the owner, but they represent -- Dade
Heritage Trust used them, and then the Grove Watch Group in the South Grove
posted it on their page. It's got to stop. It's false information. Ms. Lewis on the
HEP Board said, "There's a lot of false information, " but she stamped all of these
properties "historic. " Please, it's a lot of money. Help these people out. Thanks.
Chair Hardemon: Thank you. You're recognized, ma'am.
Lavern Elie -Scott: Good morning. Lavern Elie -Scott, 6025 Northwest 6th Court.
I'm speaking on behalf of Curley's House. Curley's House is a organization, located
in the Liberty City area. We provide services to seniors, anyone that is in need;
veterans, people with HIV/AIDS (Human Immunodeficiency Virus/Acquired
Immunodeficiency Syndrome). We area wrap-around service provider. We are a
grassroot [sic] organization. It's hard to find a agency that's more committed in our
community to helping people the way that we are. We've been serving these people
for over 20 years. When people come to our food bank, they are angry, they are
upset, because a lot of people that get funded do not provide the services that they
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are supposed to provide to these people. So that's why they end up at our door,
because they know we are not going to turn them away. If we need to make phone
calls to find them a place to stay, we do that. If we need to call somebody to come
and get them to help them, we would do that. We have people in our ojfice that also
help them with services so far as disability, food stamps; no matter what the issue is.
That's what we do. So I'm down here today to ask you once again for your help,
because, like I said, it's hard to find a agency for -- number one, that's doing what
we do; that's providing all the services that we provide. And we also do need a
building. We have outgrown the space, and we need a building. Our landlord is no
longer working with us. If we don't get the help, we will be outside. So once
Curley's House is outside, I can guarantee you that you going to have 5 to 10, 000
angry people, very angry people, because we've been helping people for the last 20
years; people that had no help, people that had no nowhere to go, people that didn't
have food to feed their kids, people that didn't have clothing on their backs. So when
we -- when Curley's House close, the community is going to really feel it. So I'm
asking you all today to help us and help Curley's House continue to do what we do,
which is help others. And we do it because I'm committed, I'm compassionate, and I
believe in helping people; not that I get paid to do it; it's something that I've been
doing all of my life, because that's what I believe in. Some of the seniors we go to,
people have to eat dog food and cat food. They simply cannot afford to eat. If your
check is $400, how can you afford to eat? When you have to decide if you're going
to pay your light bill, if you're going to help your grandkids -- a lot of them are
taking care of their grand kids. Y'all know I could bring down the two and three
buses, but what for? I could do this by myself, but I'm not even by myself, because I
have thousands of people backing me. Why? Because Curley's House have been
helping them for years. So --
Chair Hardemon: How long --
Ms. Elie -Scott: --I'm down here again to ask you all for your help.
Chair Hardemon: -- have we, in the City of Miami, been helping Curley's House?
I'm sorry. How long in the City ofMiami have we been helping Curley's House?
Ms. Elie -Scott: They have been helping us, Commissioner, but, you know, we need a
building. We need a building. And the 1302 project is no longer there, but we need
a building. We have a resolution for a building, and we need a building. If not,
we're going to get put out.
Chair Hardemon: Right.
Ms. Elie -Scott: It's just that simple. We can't even afford to pay that rent. We can't
even afford to do what we do. It's God that's making a way. So we need your help
and God help and everybody else help to help us continue helping those people that
we serve.
Chair Hardemon: Thank you very much.
Ms. Elie -Scott: Thank you.
Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street.
There are so many things in the agenda that it's just incredible. I just want to touch
bases with all of you and put it on record that we have received so many complaints
about seniors. They going to have to lunch in several -- those day cares [sic] lunch
places. In Little Havana, they having -- receiving food that is in bad condition, that
is not eatable [sic], and we just want to make sure that it's on record, stating that
Robert King High is providing food to the seniors that have lunch that is -- the food
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is not being served hot and proper. So we want to make sure you guys are aware of,
even though some of you already know. Just question for CA. 7, the 27th Avenue
Beautification. Are we doing anything for having some roof for those who wait for
the trolley or any buses in our City to protect them from the rain and the sun? I
don't know if this $47, 000 is for something else, but just to keep reminding about it.
About the PH.4, the trolley that is now being implemented or will be implemented to
go to Miami Beach. And Miami Beach is paying for those service; or us, the citizens
of the City of Miami, are going to pay for the trolley to go to Miami Beach and bring
them over to our City? Just a question about the fees; if we are paying for it instead
of providing more services for our community in the City of Miami. About Ultra
Music and the Formula I that you guys having in your agenda, since we are asking
our City employees to find money for the Formula 1, are we asking them to find
money for a resident who need services? Because if they going to spend money and
time finding money for Formula 1, they should be spending time in finding money for
grant for our seniors and other people that need service, since it's our taxpayers --
or us, as the taxpayers, are the one paying for those employees who are going to be
looking for money for Formula 1. About the SR.3, the noise of street
(UNINTELLIGIBLE), I hope that we have -- who is going to implement it? Because
it's easy to have a lot of resolutions and a lot of things that you're not supposed be
doing as a citizen, but who's going to implement it? Are we, the citizen, going to
have to start calling 911, saying that somebody's blocking my driveway, because a
truck is serving commercial property, is in front of my house and -- or the noise at 5
o'clock in the morning, are we going to call the City, the Commissioners? It will be
nice to call them when you have a 5 o'clock in the morning, somebody disturbing you
when you're awake at that time by a truck. And just the TCO (Temporary Certificate
of Occupancy), a question: What are we doing with TCOs? I thought that the
County said that no more TCOs should be available, because they are -- we still
have buildings in the downtown, in Brickell area. The people living and they have
TCOs. They haven't complied with a hundred percent with the Certificate of Use.
Thank you.
Chair Hardemon: Thank you very much. Seeing no other additional persons that
are here for public comment, I'm going to close public comment at this time.
Because you're a lawyer, I should close it.
Manny Prieguez: I'm not a lawyer. You keep on thinking I'm a lawyer. I must be
doing a great job when I get up here; people thinking that I'm a lawyer.
Chair Hardemon: No. I always do that.
Commissioner Carollo: Another guy with a poker face.
Mr. Prieguez: Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133;
proudly representing the Havenick family and the Magic City Casino. I just got here
from the MRC (Miami Riverside Center). I was at the MRC securing a BTR
(Business Tax Receipt) for jai alai. I have it right here. You see, a couple of months
ago, the Magic City Casino decided not to run dogs anymore. They wanted to
transition to jai alai. And so, what's important about that is that, clearly, there are
things in the Code that permit these activities and have permitted these activities for
a long time, aside from the fact that an entertainment facility has been judged by
your professional staff as one that would include stuff like jai alai, because we have
a BTR for jai alai that I got today. This is a brand-new BTR. They just transitioned
from dog racing to jai alai. And so, I just -- You know what? I thought it was
important to make that fact known that this is not something that's coming out of the
thin air. This is not something that's coming out of nowhere. The other point that I
think is really, really important to make is that almost exactly a year ago, there was
an article that came out in the Biscayne Bay Times. The Biscayne Bay Times is a
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periodical that caters to the Edgewater community, and the President of the
Biscayne Bay Homeowners Association, a year ago, was fully aware of what was
going on and what we were doing. The City's been aware of what we've been doing
and where we've been heading with this. And unfortunately, RE. 19 is nothing more
and nothing less than a pulling of the rug from underneath a corporate family; a
family and a corporate citizen of the City of Miami that's done good by the City of
Miami. And this is why it's unfair and this is why it shouldn't be considered. Thank
you very much, Commissioners.
Commissioner Carollo: Hold on.
Victoria Mendez (City Attorney): Chairman, may I see a copy of whatever --
Commissioner Carollo: Yeah.
Ms. Mendez: -- Mr. Prieguez was holding up?
Commissioner Carollo: That's what I wanted to (UNINTELLIGIBLE).
Mr. Prieguez: Sure.
Commissioner Carollo: The -- Chairman, can I ask him a question, once the
attorney sees it?
Chair Hardemon: Please.
Commissioner Carollo: Manny --
Mr. Prieguez: Yes, sir.
Commissioner Carollo: You acquired the BTR at the MRC?
Mr. Prieguez: Yes, sir, this morning.
Commissioner Carollo: How long ago has there been a request for a BTR, or was it
just today?
Mr. Prieguez: So this is what happened: The City has been doing monthly
inspections of our food truck event that we do once a month at the Magic City
Casino, and that --
Commissioner Carollo: I'm glad they're doing it over there, because they haven't
been doing many in my district, but --
Mr. Prieguez: No, no.
Commissioner Carollo: For the (UNINTELLIGIBLE).
Mr. Prieguez: They're doing it over there. And the City had come to us and says,
"Listen, all the trucks have to have their BTR, " and the gentleman that was engaged
with us is -- that was interacting with us is Mr. Noel Chavez, and everybody has to
have a BTR. So, you know, some of these trucks, they took a little bit of time for them
to get their BTRs. They're -- you know, they're humble folks that are trying to earn a
living. They finally got their BTR, and they -- the last inspection that we got,
everybody was covered. No issues. No problems. And then Mr. Chavez said, "Oh,
by the way, do you know that there's a BTR for jai alai? Haven't you guys
transitioned very, very recently to jai alai?" And I'm like, "Well, we have
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transitioned, but I wasn't aware, quite frankly, that there was a BTR in the books for
jai alai. " We pay the BTR for the -- we pay almost $200, 000 a year in BTRs, by the
way. So for the dog racing, we were paying BTRs $6,000. We were paying, et
cetera, et cetera, et cetera. So he said, "Yeah, I think it's in there. " I said, "Okay.
No problem. Send me the section of the Code. " He did. I saw it. I went to the City.
We paid $624, and we have our BTR.
Commissioner Carollo: That's quite interesting. But you know why I'm not all that
impressed? Unless you could help me out and find out something for me, since
apparently you're better at it than I am.
Mr. Prieguez: You're a pretty good investigator, let me tell you.
Commissioner Carollo: These same guys that gave you the BTR, in my district, they
gave a BTR for an establishment for about the last six, maybe seven years, way
before I got here; that it's got an illegal liquor license, and they've let him operate
with an illegal liquor license. And then, when I came in and I made some mentions
of it, no one's taken action to shut him down, give him Code violations for that;
instead, those same characters have all gotten together to see how they could find a
way to help him get a valid license in the new process.
Mr. Prieguez: Got you. So in the Code of the City of Miami, there is a section that
has a list of all the businesses that have to have a BTR. Jai alai pelota is listed there
as such. And so, gladly, of course, we went to the MRC this morning and secured a
copy of the BTR. And that's been, by the way, in the books for years and years and
years and years. I'm certain it's been in the books even way before Miami 21 was
adopted. So again, I thank you very much, and I hope you guys do the right thing
later on today.
Commissioner Carollo: Thank you very much. I'm going to close public comment at
this time.
Later...
Chair Hardemon: If we can have two of the representatives from the Kiwanis,
please, step to the lectern, that'd be great.
Michael Gonzalez: Good morning, Commission. Thank you for giving me the
opportunity. My name is Michael Gonzdlez, and we're eternally grateful for the
sponsorship from Mayor Suarez, Commissioner Carollo, Commissioner Gort, for a
designation of a plaza on 14th Avenue and Calle Ocho. My father was part of the
Kiwanis Club of Little Havana. The Kiwanis Club is famous for the events they put
on; Carnival Miami, which includes, of course, the Calle Ocho Festival. It's made
Calle Ocho, 8th Street, world famous; and we have many other events, including
Miracle on the Mile. And what people don't realize is these events are just means to
an end, and that end is to serve the underprivileged, the poor, and the underserved in
our community. The Kiwanis Club of Little Havana for decades have been making
sure children on Christmas have a toy; children in need -- families in need during
Christmastime have enough food on the table. And also, my father was -- has been
the only two-time President of the Kiwanis Club of Little Havana. He was a CPA
(Certified Public Account ant) by trade, and it was him and a couple of the other
members that came up with the Kiwanis Club of Little Havana Foundation, and
that's the giving arm of our club. One of the -- one of his gems -- one of the greatest
things that he had a lot of pride in, and we still have a lot of pride in, is we provide
scholarships for people in our community, in the Little Havana community. And we
had our event just this past month, where we were able to give 35 scholarships to
attend colleges throughout the State of Florida. So we're eternally grateful for
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having this great honor. I'd like to say, an honor for my father is an honor for all of
us, the Kiwanis, and a lot of them are here in support here, including founding
members of the Kiwanis Club; and of course, Commissioner Gort is part of our
Kiwanis family. Thank you.
Commissioner Gort: Mr. Chairman, I'd like to say that I've been a member of the
Kiwanis for the last 40 years, and Manolo is a gentleman that always worked with
me, very closely with me, on Southwest 8th Street, and then he created Carnival
Miami to expand it. And we became so successful in the Calle Ocho that we had to
expand it to two weekends, and the families that were here, it's a great group. The
thing I'm most proud of is the benefits that we bring to this community, especially the
kids in need, and most important, scholarships that gives opportunities to individual
to come out of school to be able to go to college. So once again, it's a pleasure to be
part of this along with you, Commissioner Carollo.
Commissioner Carollo: Thank you. And I'd like to publicly acknowledge and thank
all of you and so many of the past members that, historically, have filled in for the
areas that government can't do. Because of your organization and the efforts and
sacrifice of so many of you, thousands of kids in this City, a lot from my district, have
been able to get scholarships, have gotten a toy at Christmas, and so much more. So
for that, I want to say publicly, "Thank you" to you and all your members that are
here and so many of the past members that you've had. Thank you.
Commissioner Reyes: I think that we have here members that they are founding
members. I could see Leslie back there and Willy, and those are -- you are the ones
that initiated this great, great organization, and I commend for all the good work
that you do and the service that you do to our community. Congratulations.
Mr. Gonzdlez: Thank you.
Commissioner Reyes: Leslie, come here. Say something, man. He's one of the
culprits.
Commissioner Gort: He's the one that created it.
Unidentified Speaker: I think that Michael said everything. Manolo has been a
member of the club for more than 40 years. He was the only President that was
elected to two terms, and he kept on working; not only with the scholarships that
took a lot of work, reading all the paperwork, but he worked physically in Calle
Ocho on one of the many projects we have throughout the City of Miami.
Commissioner Reyes:
Well deserved.
Unidentified Speaker:
Thankyou.
Commissioner Reyes:
Its well deserved.
Unidentified Speaker:
Willy knows more than --
Commissioner Reyes:
Willy's one of the founders, too.
Commissioner Gort:
No. Two years after, I came in.
Commissioner Reyes:
You came after two years, huh?
Commissioner Gort:
Yeah.
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Commissioner Reyes: You see, I remember the first festival, that it took -- it was
only from 17 to 19, something like that.
Commissioner Gort: 75, 000 people showed up the first one.
Unidentified Speaker: That was, believe it or not, some 45 years ago, Commissioner
Reyes.
Commissioner Reyes: That just show how young we are.
Commissioner Gort: Yeah.
Unidentified Speaker: I don't know if Joe was born then or not.
Commissioner Reyes: No. He was. He just dyed his hair.
Chair Hardemon: He was born again.
Unidentified Speaker: Yeah, yeah.
Chair Hardemon: Yes.
Unidentified Speaker: Okay.
Chair Hardemon: No. I want -- I do want to say, especially when it -- I think
everybody can learn something from an organization like the Kiwanis Club, and I
really want many people to really hear the message that if you are in these
communities and you want to see an impact in your neighborhoods, seek to make a
profit in your neighborhoods. And what I mean by that is, seek to establish
businesses that bring dollars into your neighborhoods, that create strong business
systems, so that you can then turn around and take that same dollar and invest it into
the neighborhood to create organizations like Kiwanis, to create organizations that
are philanthropic, but that use the power of the dollar to move their mission forward.
It's difficult to have a community that's full of philanthropic efforts or to have -- or
full of, say, 501(c)(3)s that all need from the same pot in order to make a difference
in the same community. In order to maximize our resources to help those 501(c) (3)s,
you got to be able to put dollars into them, and creating those dollars through the
private sector is one of -- some of the best ways to make it happen. And so, I really
want, you know, the City of Miami to take a hold of that; to see that the way to make
their communities better has to have a role in creating business opportunities for
people so that they can turn a profit and, in turn, make investments into those
neighborhoods. So thank you for continuing to take those dollars that you 've earned
across many different business sectors and invest it back into the neighborhoods
through your organization. Okay? All right. Its all done. Its -- there's already --
they're already taken care of.
Commissioner Carollo: There's a motion.
Commissioner Gort: Second.
Commissioner Carollo: Thank you.
Vice Chair Russell: For what?
Chair Hardemon: We already passed it.
(Applause)
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IMLYMMle\Ye7ZUILYl NkC07;&I
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.)
Chair Hardemon: Are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
END OF MAYORAL VETOES
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lea»:&11•]►/e1W1:j»e1ZTAki IQ*1
PA.1 PERSONAL APPEARANCE
4484 PERSONAL APPEARANCE BY MONICA ANAYA OF THE MPS
SUPERHERO FOUNDATION.
RESULT: PRESENTED
Chair Hardemon: I see we have two personal appearances. The first is by Monica
Anaya, MPS Superhero Foundation. Hello. You have five minutes to address this
body; if you'd step to this lectern right here.
Avram Joseph: Hello. My name is Avram Joseph, vice president and co-founder of
MPS Superhero, along with Monica Anaya, president and co-founder of MPS
Superhero.
Monica Anaya: Hi. Thank you for the opportunity to come here and raise much-
needed awareness for MPS, so I'm going to hand it over to Avram.
Mr. A. Joseph: Thank you very much forgiving us an opportunity to speak with you
today and giving us an opportunity to have other people listening as well. Hope is
the best stimulant in life, and that's what we're looking for today, hope. About two
years ago, my son was diagnosed with a rare terminal disease, known as MPS II, or
also known as Mucopolysaccharidosis. It's a disease that causes a buildup of
cellular waste due to a lack of production of enzymes in the body. This disease is
known to -- it's known to take these children's lives away; most of the time, before
they turn 12. Because of the lack of production of enzymes in the body, there is a
buildup of cellular waste. This cellular waste causes bone deformity, swollen
organs, cognitive aggression, and like I just mentioned, the worst of all, they'll pass
away before they hit their teens. They will lose the ability to walk, talk, and eat by
themselves. They'll lose the ability to recognize their loved ones. Excuse me. My
son was diagnosed, and my wife and I decided to open up this nonprofit organization
to team up and band with many parent -led non-profit organizations across the U.S.
(United States). Amongst all the bad news with what my son was diagnosed with,
there is good news. There's a cure. Nationwide Children's Hospital team of doctors
have developed a cure, using gene therapy, that could save these children's lives; not
only our son, but the other 500 children affected by the same disease in the U.S., and
the other 2,000 children affected by the same disease worldwide. It's already been
approved by the FDA (Food and Drug Administration) to proceed into clinical trials.
Because it's an academic research study, there's no big pharmaceutical company
backing this. It's upon the community to raise the funds to proceed into the clinical
trials. $2.5 million is in between us and saving my son's life. As part of a team of
non-profit organizations across the U.S., out of that $2.5 million, we only need
600,000 to go. We're right there, and every second counts. We come today to gain
supporters to keep our momentum going, you know. We're so close to saving our
son's life, and yet, it's still beyond our reach. We hope that whoever's listening can
help us, help us keep the hope that we need. Excuse me. I'm sorry. We've presented
in front of Doral. We've presented in front of Miami -lakes, Sweetwater. We have
supporters, like Headquarter Toyota, (UNINTELLIGIBLE), Ben & Jerry's. We've
built an army from scratch to save these children's lives, and we ask you today to
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City Commission Meeting Minutes July 26, 2018
join forces with us and become a superhero for my son, for myself, for my family,
and for the rest of the children affected by this deadly disease.
Ms. Anaya: When our son was diagnosed two years ago, we had two choices: either
we were going to sit at home and cry every day and be miserable, or we were going
to go out and try to make a miracle happen, and that's what we chose to do. And
now we're asking you guys for your help to make a miracle happen; not only for my
son, but for all the children. It gives us hope, and it gives us strength to see
strangers come into our lives and band with us to make a difference, and that's what
we want to do. We want to help these children and give them, you know, the life that
they deserve, and I know that, with enough caring people, it is possible. We have --
our motto is, "You don't need superpowers to be a superhero." And I believe there's
a superhero in all of us. We just need to have the courage to do something about it.
And we would like to ask you guys to please help us. My son is five years old, and
around five is when they begin to lose their abilities. Time is of the essence, and I
come to you and ask you to open up your hearts and help us save our son and all of
the other children affected by this disease. And thank you for the opportunity to
spread awareness.
Mr. A. Joseph: This is my younger son, Logan; not affected.
Logan Joseph: Help. Thank you for helping me save my brother's life.
(Applause)
Mr. A. Joseph: I want you all to meet the reason we're here today, my son Kalel;
Kalel Daman Joseph, by the way, is his middle name. Say, "Hi, " Kalel.
Kalel Joseph: Hi.
Mr. A. Joseph: I promise you, this kid's life is worth saving. I swear it.
Vice Chair Russell: Every kid's life.
Mr. A. Joseph: And whatever you guys can do to help us out, I mean, "Thank you"
would never be enough.
Mr. L. Joseph: Okay.
Mr. A. Joseph: "Thank you" would never be enough. But from the bottom of my
heart, sincerely, if we can get any kind of help --
Chair Hardemon: Have you --
Mr. L. Joseph: If we could get any kind of help.
Chair Hardemon: --thought about what type of assistance that you could use from
the City of Miami or any of us?
Mr. A. Joseph: Well, that's why we come here today. I mean, to give you an
example, Commissioners in Sweetwater pledged $12,000 to our foundation; the
Police Department is holding fundraisers for our foundation as well. Every penny
goes a long way. I mean --
Chair Hardemon: And then the -- with the foundation, you use those funds to do
what?
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Mr. A. Joseph: A hundred percent of the proceeds are going directly to this cure.
Nobody in my foundation gets paid off of this money. Nobody --
Chair Hardemon: So the $2.5 million that you described, that is the cost to pay for
treatment?
Ms. Amaya: To start the (UNINTELLIGIBLE).
Mr. A. Joseph: So this clinical trial, you'll have about -- it starts off with about six to
nine patients. So in order for this to be --
Chair Hardemon: So it funds the clinical trial?
Mr. A. Joseph: Yes. The entire clinical trial is funded with that 2.5 million. Right
now we only need about 600, 000 to go from all the raising that we've done so far.
Commissioner Reyes: Excuse me.
Ms. Amaya: And the actual medicine that they're going to be using for this trial has
already been produced, and it's literally sitting on a shelf, waiting for us to raise the
remaining funds. And as soon as we're able to reach that goal, they will begin the
trial and begin, you know, getting patients to enroll and try out for this trial.
Chair Hardemon: So what you could do for us is give the Administration -- there
will be a representative that touches you -- give them as much information as you
can about the clinical trial so we can ensure that we have all the information that's
necessary, and I'm sure some of us will be able to help contribute to what you're
doing.
Commissioner Reyes: Besides that, I want to commit $5,000 --
Ms. Amaya: Thank you.
Commissioner Reyes: --from us.
Commissioner Gort: You got another five here. So you got a lady back there, go
talk to her.
(Applause)
Mr. A. Joseph: Thank you.
Chair Hardemon: Thank you.
Mr. A. Joseph: Please visit our website, social media. We're under MPS Superhero.
Our website is mpssuperhero. org. That's `A1, " as in "Mary"; "P, " as in "Paul",-
"S,"
Paul";"S," as in "Sam," superhero. org. We have events coming up as well; kickball
tournaments. We have Miami Lakes and Doral and --they're going to be competing.
If you guys want to set up a team, as well, and maybe fight to see who the best
kickball tournament city is, I mean, we'd love to invite you guys out there as well.
Thank you. I --
Chair Hardemon: Thank you very much.
Vice Chair Russell: Thank you.
Mr. A. Joseph: Thank you.
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Ms. Amaya: If -- I'm sorry. If any of you happen to be in the town of Miami Lakes
today at any point, Anthony's Coal Fire Pizza in Miami Lakes is hosting a fundraiser
for us today. And if you mention MPS Superhero Foundation for take -in or dine -out,
they will be donating 20 percent of your bill to our organization.
Chair Hardemon: Okay.
Vice Chair Russell: Don't lose the faith. You'll get there.
Ms. Amaya: Thank you.
Commissioner Reyes: And he'll be saved.
Ms. Amaya: Well, your --
Commissioner Gort: You got 10 already.
Ms. Amaya: -- support gives us --
Commissioner Gort: You got 10 already.
Ms. Amaya: --that faith and that hope and strength that we need, so thank you so
much.
Commissioner Reyes: Trust the Lord.
Chair Hardemon: Thank you very much.
Commissioner Reyes: Trust the Lord.
Ms. Amaya: We do. Thank you.
Mr. A. Joseph: Thank you. Thank you, everyone. Thank you.
(Applause)
PA.2 PERSONAL APPEARANCE
4517 PERSONAL APPEARANCE BY SHERMAN RATTNER TO
DISCUSS THE 1809 BRICKELL PROJECT.
RESULT: PRESENTED
Chair Hardemon: I'm going to call PA.2, Sherman Rattner. You have five minutes
to address the board.
Sherman Rattner: Hopefully, this thing will work.
Vice Chair Russell: Have you spoken with IT (Information Technology)? Are they --
Mr. Rattner: You know, we got it all set up, so I think we'll do okay. There are so
many things that cry out for our attention. I think we're good. Sorry. Thank you.
Thank you. How can anything compete with the life of a child? And there are so
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many things that cry out for our need for your attention; I think this is one of them. I
think most of you know what I'm here for. My name is Sherman Rattner. I'm the
president of 1809 Brickell Tenants Association. We area 270 -unit senior affordable
housing project. Come September 1, 2019, the government program expires, and
400 seniors, many of them sick and disabled, such as Enid, will largely have no
place to go, and some of them have very little money to get there with. Enid has
lived there about five years. She's one of those people. She has a voucher, but she
can't find a place to use the voucher. For those of you who might not know the
history of 1809, very briefly -- and I'll come back to this chart in a second. This
shows you the affordable housing in Miami. The property was built in about 1969 by
the Teachers' Union. It was owned by them until 2014. Initially, it was used by the
Teachers' Union for the teachers for housing. In 2014, they sold it to a for-profit
developer, under the guise that it was to a non-profit, who was going to keep it
affordable. As of now, they are doing their best, ultimately, despite all the words, to
displace these 400 seniors, but it's not just about our 400 seniors. There are
thousands of others throughout the City who are facing the same situation over the
next few years of expiring government programs. I know some may think that there
is nothing that can be done. We're here to show you that there is something to be
done; not just to save our housing, but to save those thousands of other units. This
chart, which is by the University of Miami, shows all of the affordable housing in
Miami. The blue and green areas are existing affordable housing; the pink is public
housing, owned by the City -- most of it is by the County or the State. This is where
we are located here, and we will come back to this location over here in Allapattah
in a few moments. The green indicates that affordable housing that, over the next
few years, will be lost due to expiring government programs. You will notice in 2000
-- our property is in 2019; Carroll Manor, which is 230 units, will be in 2020. And
all of these green indicate lost housing; many of them are in District 3. After the loss
of those properties over those next few years, there'll be virtually no affordable
housing in District 2; a lot of it will be lost in District 3. This chart shows that by
2068, virtually all the existing affordable housing in the City will be gone. That's --
all of the green are affordable housing units that will be gone. You see a few blue,
and there are the public housing. Now, who knows what condition they will be or
what choices will be made about them, but we know that all of the green will be
gone, and there will be -- virtually, none of the current affordable housing will be --
exist anymore, and at the rate we are creating new affordable housing, it's unlikely
that we will have any kind of replacement to match this. Recently, the Sun Sentinel
ran an article: "The Harvard finds thatMiami is the worst affordable community in
the nation. " Its always ranked that. We wentfrom the "housing bubble" to now the
"affordability crisis. " Unfortunately, we -- I think we've gotten immune to the term
"affordability crisis, " because when you have 50 percent of the population of the City
cannot afford their housing or struggle to pay for their housing, and there's only 10
percent of the available housing is affordable, I call that an emergency. This, by the
way, is the building we live in, and by next year, it will essentially be gone. I've done
just about everything we can do, and now it's become the time for you to act. We
believe there is a way for you to act. You received a lot of material. I just want you
to keep in mind that when we talk about affordable housing, it's easy to forget that it
encompasses virtually every aspect of a person's life. You're struggling to pay your
medical bills. You're struggling to pay for your healthcare, for your food, for your
transportation, for your children's education, for everything. It's not just about
having a roof over your head; it's about individual rights, economic rights, political
rights, and human rights. When you're working three jobs, it's kind of hard to
engage yourself to be involved in influencing the political process.
Chair Hardemon: Sir, I'm going to have to ask that you come to a conclusion.
Mr. Rattner: I was given 10 minutes, I understand.
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Chair Hardemon: You were given five.
Mr. Rattner: I was told it was 10 minutes by the Mayor's --
Chair Hardemon: It was five, but I'll let you finish.
Mr. Rattner: Okay.
Chair Hardemon: Okay?
Mr. Rattner: Okay. Thank you. Let me just quickly turn to -- we've offered you
three proposals, three ordinances that you can do tomorrow; you can put on the
agenda for the next meeting. One is zoning reversion, which is explained in the
documents I gave you, that will almost certainly assure that not only our housing will
be saved, but all the other affordable housing. The second one is -- not a lot of
people are going to like this, but it's based on a carrot and a stick; that you will be
able to take away existing rights and give them new rights if they make affordable
housing. The third one is tenant's right. This City, this State has basically no rights
for tenants. When their lease is up, the landlords can raise the rent any amount that
they want. There is a provision in the State Statutes that you are not allowed to have
rent stabilization; however, you are allowed under emergency conditions. I would
say, given the conditions I described, that constitutes an emergency. For the 400
residents who will be out on the street in 2019, it's certainly an emergency for them.
So there are a method, and I've explained this in all the documents that you have
seen. It's important to remember that we get lost -- if I may, just this last document.
This is the original conditional provisions that was granted to the property in 1965.
Under the terms of this, which I will provide to the City Attorney and to all of you,
the owner of 1809 Brickell is required to pay an in -lieu fee. I'm not going to go into
the details of it, but because of that in -lieu fee that they have not paid for the last 50
years, they effectively own [sic] the City 13 to $18 million in past due in -lieu fees.
Some are concerned that there is no leverage to put over the owners of these
properties. 13 to $18 million is a lot of leverage. There are a whole list of legal
avenues that I have outlined to you that if you get the City Attorney involved, you can
make this happen. So I realize my time is up. I am hopeful that you will consider
putting these items on, enacting these ordinances; and in the case of the rent
stabilization, putting it before the voters, which is a requirement of the State Statute.
Obviously, pleased to answer any questions. Thank you for your time.
Chair Hardemon: Mr. Vice Chairman.
Vice Chair Russell: Thank you, Mr. Chairman. And thank you, Mr. Rattner, for
advocating for your residents and for the City as a whole. This particular building is
in my district, but this is not unique to my district. We are certainly facing a crisis
that all of us were already looking at. This is a potential crisis coming to us that we
are not ready for. We are trying to house the people that are already in need. The
fact that people who already have housing will be an entire new population of need
once these covenants expire is certainly a crisis. So I thank you for your
recommendations. I'm going to direct our City Attorney to please analyze the three
recommendations of ordinances. If they fit, I'll be glad to look at them and sponsor
it. I would also like to see a covenant analysis, please, and this is something we've
been -- I know that Mike Sarasti had been working on a GIS mapping tool that would
allow us to look at all sorts of covenants, but affordability is probably one that's --
that we should really have a good handle on and know everything coming down the
pipeline over the next 5, 10, 15 years, what's going to expire out of affordability, and
we need to create either a transition plan or a preservation plan. So -- and Mr.
Mensah, if you'd like to address this. I'd like to just throw a phrase out there that we
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should be thinking of. How we get there legislatively, I don't know, but it's called
"No Net Loss Affordability. "
George Mensah: Yes. George Mensah, director of Community & Economic
Development. We've been working on this for the last six months. It's City of Miami,
Miami -Dade County, Miami Homes For All -- and I think the executive director is
here -- and Enterprise Foundation. We have a committee set up to look exactly at
this. We know what the numbers are. And we're looking at ways by which we can
either stabilize this -- or preserve these units. It's very important, like you said, if
you build one unit and then you lose two units, you will never meet the needs of the
City. So we're working on it, and we hope to meet with the Zoning and Planning
Departments to look at what type of zoning incentives that we can put in place to
make sure that these properties are preserved.
Commissioner Gort: Mr. Chairman?
Chair Hardemon: You're recognized.
Commissioner Gort: Thank you. I'd like that -- we were discussing yesterday the
idea all those buildings, they have certain covenant, and I don't think we follow up to
see if they complying with those covenants, and there might be a lot of money
involved in them. I know the -- you all have tried quite a bit, and I think the City
needs to work with you all, because we got to check all these covenants. I mean, I've
been saying this for a while.
Mr. Mensah: Commissioner, there are two types of properties that are under this
Affordable Housing Plan: One is the ones that is done by the Federal Government.
The Federal Government does not necessarily put covenants on their property. What
they do is that they use mortgages to be able to ensure that they are affordable.
When a mortgage ends, which is exactly what the situation is -- When we put any
funds in any property or put land in property, we have actual covenants, and we
have staff that ensure that covenants (UNINTELLIGIBLE).
Commissioner Gort: No. I understand. But at the same time, to build affordable
housing, we sometime waive impact fee, we waive --
Mr. Mensah: That's true.
Commissioner Gort: -- certain fees --
Mr. Mensah: That's true.
Commissioner Gort: -- that if they no longer have the ability to maintain it, then
they have to pay the City.
Mr. Mensah: That's true.
Commissioner Gort: Okay.
Mr. Mensah: Yes, we do have that.
Mr. Rattner: In this particular case -- and each situation is different -- but this was
a covenant on the land, on the property, as a requirement for them to build it back in
1969. So many times, it goes with the mortgage; it expires. This goes with the land.
And I think, as you said, to look at each situation so the City is prepared for it, can
build a strategy to deal with each individual situation (UNINTELLIGIBLE) knowing
what's going on I think is critically important.
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Commissioner Gort:
Yeah, but --
Commissioner Reyes:
Mr. Chair?
Commissioner Gort:
-- at the same time, the County has to be involved also.
Commissioner Reyes:
Mr. Chair?
Chair Hardemon: Yes, sir.
Commissioner Reyes: I'm going to pick up on what Commissioner Russell said, and
I really like the idea of "no net loss affordability. " And I think that, Commissioner,
we should start working on some sort of legislation in order to make sure that we are
not losing affordable housing, but real affordable housing, not by name only; real
affordable housing, based on median -- City of Miami median income. But I hope
that we can draft some legislation that make sure that we are not going to lose the
affordable housing that is so much needed in our City.
Mr. Rattner: I would hope that the Attorney's Office can come up with something
better than an old guy living in affordable housing. So it's just a starting place for
people to be thinking. We've even provided them with a plan that is based on the
Comprehensive Plan that can show that they could put -- not only preserve our units,
but it --put in hundreds of additional units, market rate units. Everybody has looked
at it said it's a great plan. We just need somebody who's ready to pick it up. And I
think that's the things you can do, is to make it very uncomfortable for them not to do
it and very attractive for them to do it, and that's the essence, carrot and a stick
(UNINTELLIGIBLE).
Commissioner Reyes:
Provide certain incentives --
Mr. Rattner: Exactly.
Commissioner Reyes:
-- to continue building.
Mr. Rattner: Exactly.
Commissioner Reyes:
-- affordable housing --
Mr. Rattner: Exactly.
Commissioner Reyes:
-- or not destroying the affordable housing that we have.
Mr. Rattner: It's really almost a numbers game. And by the way, because we are the
first coming up -- there have been thousands that have already been lost -- but we
are the next one coming up, and a year is no time, at all. We are really in an urgent
situation that something has to be done immediately if we're going to save these 270
units. So thank you very much.
Chair Hardemon: Mr. Vice Chairman.
Mr. Rattner: I appreciate it.
Vice Chair Russell: Thank you. And Mr. Rattner, I know what you're working for is
a very -- it's a lofty goal, and it could be a complete homerun, but these things are
very complicated. So as lifelines become available, please do encourage the people
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who look up to you within your housing to take those lifelines, if there are options
and possibilities, and we'll continue to work on that as well.
Mr. Rattner: Absolutely encourage people. If the opportunity appears there, you've
got to take it, so that's absolutely important. So we cannot hang our hat on what we
do here, so absolutely.
Chair Hardemon: Thank you very much, sir.
Mr. Rattner: Thank you.
END OF PERSONAL APPEARANCES
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141iW9101 ► 69 A ► k reCe7 A ►1 97_1
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The following item(s) was Adopted on the Consent Agenda
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
CA.1
RESOLUTION
4301
A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND
Attorney
ON BEHALF OF VICTOR RAMOS, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES,
THE TOTAL SUM OF $137,600.00, INCLUDING $100.00 FOR A
SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL
CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE
CITY OF MIAMI ("CITY'), ITS OFFICERS, AGENTS, AND
EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON
EXECUTING A SETTLEMENT AGREEMENT AS WELL AS A
GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND
FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY
AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE
AMOUNT OF $137,500.00 FROM ACCOUNT NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT
OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
ENACTMENT NUMBER: R-18-0312
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.], please see "End of
Consent Agenda. "
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CA.2
RESOLUTION
4338
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), PURSUANT TO PROCUREMENT CODE
Community and
SECTION 18-112, ESTABLISHING ACOLLABORATION BETWEEN
Economic
THE CITY OF MIAMI ("CITY") AND FLORIDA INTERNATIONAL
Development
UNIVERSITY'S METROPOLITAN CENTER ("FIU MMC"), TO WORK
WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT ("CED") ON THE PREPARATION OF THE CITY'S
AFFORDABLE HOUSING MASTER PLAN ("PLAN"), ALLOCATING
FUNDS FROM CED'S GENERAL FUND ACCOUNT, SUBJECT TO
THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT
THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT ("PSA") FOR A TWO (2) YEAR TERM IN
SUBSTANTIALLY THE ATTACHED FORM; 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-18-0313
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.2, please see "Public
Comment Period for Regular Items" and "End of Consent Agenda. "
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CA.3 RESOLUTION
4348 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Administration ACCEPT A REIMBURSEMENT GRANT ("GRANT") IN A NOT TO
EXCEED AMOUNT OF ONE HUNDRED SEVENTY-THREE
THOUSAND ONE HUNDRED SEVENTY DOLLARS ($173,170.00)
FROM THE CHILDREN'S TRUST ("TRUST") TO THE CITY OF
MIAMI'S ("CITY'S") OFFICE OF GRANTS ADMINISTRATION
("OGA") FOR THE FAMILIES FIRST PARENTING PROGRAM
("PROGRAM"); AUTHORIZING THE CITY'S IN-KIND SERVICES
MATCH IN THE NOT TO EXCEED AMOUNT OF TEN THOUSAND
SEVEN HUNDRED NINETY-FIVE DOLLARS ($10,795.00) ("IN-
KIND MATCH") TO FUND THE PROGRAM ADMINISTERED BY
OGA AT VARIOUS CHILD CARE CENTERS WITHIN THE CITY;
ESTABLISHING A NEW SPECIAL REVENUE PROJECT,
ENTITLED "THE CHILDREN'S TRUST GRANT FOR EDUCATION
INITIATIVES 2018-2019 FAMILIES FIRST PARENTING
PROGRAM", TO ACCEPT THE GRANT; APPROPRIATING THE
GRANT AND THE IN-KIND MATCH; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, A GRANT
CONTRACT WITH THE CHILDREN'S TRUST ("TRUST
CONTRACT") AND TO NEGOTIATE AND EXECUTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL OTHER
NECESSARY AMENDMENTS, EXTENSIONS, RENEWALS, AND
MODIFICATIONS TO IMPLEMENT THE ACCEPTANCE OF AND
COMPLIANCE WITH THE GRANT FOR THE PROGRAM FOR SAID
PURPOSES FOR THE PERIOD COMMENCING AUGUST 1, 2018
THROUGH JULY 31, 2019, WITH THE OPTIONS TO RENEW FOR
UP TO FIVE (5) ADDITIONAL SIMILAR PERIODS AT THE SAME
NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND
CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY
APPROVAL AT TIME OF NEED.
ENACTMENT NUMBER: R-18-0314
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.3, please see "End of
Consent Agenda. "
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CAA
RESOLUTION
4295
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Agenda
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Coordination and
EXECUTE AMENDMENT NO. 1 ("AMENDMENT") TO THE
Office of the City
PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") AND
Cierk
REQUEST FOR PROPOSALS ("RFP") NO. 472340 AS APPROVED
PURSUANT TO RESOLUTION NO. 15-0329, ADOPTED JULY 23,
2015, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND
BETWEEN THE CITY OF MIAMI ("CITY") AND ACCELA, INC., A
CALIFORNIA PROFIT CORPORATION REGISTERED IN FLORIDA
("ACCELA"), DATED SEPTEMBER 28, 2015, ACKNOWLEDGING
AND ASSUMING THE OBLIGATIONS UNDER THE AGREEMENT
WITH ACCELA, BY GRANICUS, LLC, A MINNESOTA LIMITED
LIABILITY COMPANY REGISTERED IN FLORIDA ("GRANICUS");
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
PRIOR ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY
APPROVALS FOR THE SAME, COMPLIANT WITH ALL
APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING, BUT
NOT LIMITED TO, THE CITY'S PROCUREMENT ORDINANCE,
THE ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY
PRINCIPLES, ALL AS SET FORTH IN THE CITY CODE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AND
COMPLIANT WITH ALL APPLICABLE RULES AND
REGULATIONS, AS MAY BE REQUIRED FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0315
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.4, please see "End of
Consent Agenda. "
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CA.5 RESOLUTION
4318 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Office of Capital THE BID RECEIVED ON APRIL 10, 2018, PURSUANT TO
Improvements INVITATION TO BID ("ITB") NO. 17-18-008, FROM KIEWIT
INFRASTRUCTURE SOUTH CO., A DELAWARE PROFIT
CORPORATION REGISTERED WITH FLORIDA ("KIEWIT"), THE
SOLE RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE
CONSTRUCTION SERVICES FOR THE MIAMI WOMAN'S CLUB
BAYWALK PROJECT — D2 — PROJECT NO. B-30731, IN THE
AMOUNT OF SIX HUNDRED THIRTY EIGHT THOUSAND EIGHT
HUNDRED SIXTY FOUR DOLLARS ($638,864.00) FOR THE
SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER'S
CONTINGENCY ALLOWANCE IN THE AMOUNT OF SIXTY THREE
THOUSAND EIGHT HUNDRED EIGHTY SIX DOLLARS AND
FORTY CENTS ($63,886.40), FOR A TOTAL NOT -TO -EXCEED
AWARD AMOUNT OF SEVEN HUNDRED TWO THOUSAND
SEVEN HUNDRED FIFTY DOLLARS AND FORTY CENTS
($702,750.40); ALLOCATING FUNDS FROM THE OFFICE OF
CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-30731;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
NEGOTIATED AGREEMENT WITH KIEWIT, IN SUBSTANTIALLY
THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS
AND ATTACHMENTS; 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 ("CITY") 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-18-0316
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.5, please see "End of
Consent Agenda. "
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CA.6
RESOLUTION
4361
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), REAFFIRMING ITS FINDINGS MADE AND
Resilience and
ACTIONS TAKEN IN RESOLUTION NO. 17-0422, ADOPTED
Public Works
SEPTEMBER 19, 2017; AUTHORIZING THE CITY MANAGER, OR
Public Works
DESIGNEE, TO EXECUTE AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF MIAMI ("CITY") AND GREATER MIAMI SERVICES, CORPS., A
FLORIDA NOT FOR PROFIT CORPORATION ("GREATER MIAMI"),
FOR THE MAINTENANCE AND BEAUTIFICATION OF MARTIN
LUTHER KING BOULEVARD, IN SUBSTANTIALLY THE
ATTACHED FORM, TO MODIFY THE PERIOD OF
PERFORMANCE FROM JANUARY 1, 2016 THROUGH
DECEMBER 31, 2016, TO APRIL 1, 2016 THROUGH MARCH 31,
2017, FOR WORK PERFORMED WITHOUT A CONTRACT,
DURING THE PERIOD OF JANUARY 1, 2017 THROUGH MARCH
31, 2017 AND, UPON EXECUTION OF THE AMENDMENT, TO
MAKE RETROACTIVE PAYMENTS IN THE AMOUNT NOT TO
EXCEED THIRTY-EIGHT THOUSAND SIX HUNDRED ELEVEN
DOLLARS AND TWELVE CENTS ($38,611.12) TO GREATER
MIAMI WITH FUNDING IN THE AMOUNT NOT TO EXCEED
THIRTY-EIGHT THOUSAND, SIX HUNDRED ELEVEN DOLLARS
AND TWELVE CENTS ($38,611.12) AS PREVIOUSLY ALLOCATED
FROM A SPECIAL REVENUE FUND PURSUANT TO
RESOLUTION NO. 17-0422 ADOPTED SEPTEMBER 19, 2017.
ENACTMENT NUMBER: R-18-0317
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA. 6, please see "End of
Consent Agenda. "
CA.7
RESOLUTION
4362
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO SUBMIT AN
Department of
APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE
Resilience and
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
Public Works
BEAUTIFICATION GRANT PROGRAM IN THE AMOUNT NOT TO
EXCEED FORTY-SEVEN THOUSAND DOLLARS ($47,000.00)
("GRANT") FOR THE BEAUTIFICATION OF A PORTION OF THE
CORRIDOR ON SOUTHWEST 27TH AVENUE/FLORIDA STATE
ROAD 9 ("PROJECT"); FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, NECESSARY FOR THE SUBMISSION OF SAID
GRANT APPLICATION AND, IF AWARDED, THE ACCEPTANCE
OF GRANT FUNDS, INCLUDING ANY GRANT AGREEMENT(S)
AND ANY AND ALL OTHER DOCUMENTS, APPLICATIONS,
RENEWALS, EXTENSIONS, AMENDMENTS, AND
MODIFICATIONS THERETO, REGARDING THE GRANT FOR
FISCAL YEAR 2018-2019 AND COMPLIANCE FOR THE PROJECT
WITH THE BEAUTIFICATION GRANT PROGRAM.
ENACTMENT NUMBER: R-18-0318
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This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA. 7, please see "Public
Comment Period for Regular Items" and "End of Consent Agenda. "
CA.8
RESOLUTION
4363
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING THE CITY MANAGER TO SUBMIT AN
Resilience and
APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE
Public Works
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
BEAUTIFICATION GRANT PROGRAM IN THE AMOUNT NOT TO
EXCEED SIXTY-NINE THOUSAND FIVE HUNDRED DOLLARS
($69,500.00) ("GRANT") FOR THE BEAUTIFICATION OF A
PORTION OF THE CORRIDOR ON UNITED STATES HIGHWAY
1/FLORIDA STATE ROAD 5/SOUTH DIXIE HIGHWAY
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY
FOR THE SUBMISSION OF SAID GRANT APPLICATION AND, IF
AWARDED, THE ACCEPTANCE OF SAID GRANT FUNDS,
INCLUDING ANY GRANT AGREEMENT(S) AND ANY AND ALL
OTHER NECESSARY DOCUMENTS, APPLICATIONS,
RENEWALS, EXTENSIONS, AMENDMENTS, AND
MODIFICATIONS THERETO REGARDING THE GRANT FOR
FISCAL YEAR 2018-2019 AND COMPLIANCE FOR THE PROJECT
WITH THE BEAUTIFICATION GRANT PROGRAM.
ENACTMENT NUMBER: R-18-0319
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.8, please see "End of
Consent Agenda. "
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CA.9
RESOLUTION
4364
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), RESCINDING RESOLUTION NO. 17-0584
Resilience and
ADOPTED ON DECEMBER 14, 2017 WHICH AUTHORIZED THE
Public Works
CITY MANAGER TO NEGOTIATE AND EXECUTE A LOCALLY
FUNDED AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND PROVIDED FOR
THE CITY OF MIAMI'S ("CITY") CONTRIBUTION IN THE AMOUNT
OF EIGHTY THOUSAND DOLLARS ($80,000.00) FOR THE
CONSTRUCTION CONTINGENCY COSTS ASSOCIATED WITH
THE IMPROVEMENTS TO THE NORTHWEST 34TH AVENUE
BRIDGE OVER COMFORT CANAL LOCATED NORTH OF STATE
ROAD 836/DOLPHIN EXPRESSWAY TO NORTHWEST 14TH
STREET ("PROJECT"); AND REPLACING IN LIEU THEREOF THIS
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A LOCALLY FUNDED AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM ("AGREEMENT"), WITH FDOT TO PROVIDE
FOR THE NON -PARTICIPATING CONSTRUCTION
CONTINGENCY COSTS FOR THE PROJECT AND PROVIDING
FOR THE CITY'S DEPOSIT IN THE AMOUNT OF EIGHTY
THOUSAND DOLLARS ($80,000.00) FOR THE NON-
PARTICIPATING CONSTRUCTION CONTINGENCY COSTS
ASSOCIATED WITH THE PROJECT, WHICH MAY BE SUBJECT
TO INCREASE OR DECREASE PURSUANT TO THE
AGREEMENT; ALLOCATING FUNDS FOR THE DEPOSIT IN THE
AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00) FROM
PUBLIC WORKS PROJECT NO. 4013-183605, WHICH MAY BE
SUBJECT TO INCREASE OR DECREASE PURSUANT TO THE
AGREEMENT.
ENACTMENT NUMBER: R-18-0320
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.9, please see "End of
Consent Agenda. "
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CA.10
RESOLUTION
4299
A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH
Department of Real
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Estate and Asset
EXECUTE A NEW LEASE AGREEMENT ("NEW LEASE"), IN
Management
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI ("CITY") AND AVS INTERNATIONAL GROUP, INC., A
FLORIDA CORPORATION ("LESSOR"), FOR THE CITY'S USE OF
APPROXIMATELY TWO THOUSAND (2,000) SQUARE FEET OF
WAREHOUSE SPACE ("PREMISES") FOR AN INITIAL PERIOD OF
THREE (3) YEARS WITH ONE (1) THREE (3) YEAR OPTION TO
RENEW FOR THE PURPOSE OF PROVIDING SPACE FOR THE
SPECIAL INVESTIGATIONS SECTION OF THE MIAMI POLICE
DEPARTMENT WITH A MONTHLY RENT OF TWO THOUSAND
TWO HUNDRED DOLLARS ($2,200.00) ($13.20 PER SQUARE
FOOT); ALLOCATING FUNDS FROM THE MIAMI POLICE
DEPARTMENT'S BUDGET WITH TERMS AND CONDITIONS AS
MORE SPECIFICALLY SET FORTH IN SAID NEW LEASE.
ENACTMENT NUMBER: R-18-0321
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA. 10, please see "End of
Consent Agenda. "
CA.11
RESOLUTION
4334
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Estate and Asset
EXECUTE A PURCHASE AND SALE AGREEMENT
Management
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND JOSE A. MUNOZ
AND YEZMIN C. MUNOZ ("SELLER") FOR THE ACQUISITION OF
REAL PROPERTY LOCATED AT 600 SOUTHWEST 63RD
AVENUE AND 610 SOUTHWEST 63RD AVENUE, MIAMI, FLORIDA
("PROPERTY") CONTAINING AN APPROXIMATE TOTAL LOT
AREA OF 13,500 SQUARE FEET FOR A TOTAL PURCHASE
PRICE OF SIX HUNDRED THOUSAND DOLLARS ($600,000.00);
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID
ACQUISITION; ALLOCATING FUNDS FROM THE OFFICE OF
CAPITAL IMPROVEMENT ("OCI") PROJECT NO. 40-1340507,
CITYWIDE PARK EXPANSIONS AND LAND ACQUISITION, IN A
TOTAL AMOUNT NOT TO EXCEED SIX HUNDRED SIXTY
THOUSAND DOLLARS ($660,000.00) TO COVER THE COST OF
SAID ACQUISITION INCLUSIVE OF THE COST OF SURVEY,
ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION,
SECURING THE PROPERTY, PROJECT SIGNAGE, AND
RELATED CLOSING COSTS IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THE AGREEMENT.
ENACTMENT NUMBER: R-18-0322
This matter was ADOPTED on the Consent Agenda.
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Note for the Record: For minutes referencing Item CA.11, please see "End of
Consent Agenda."
CA.12 RESOLUTION
4497 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
Commissioners NICOLE SINGLETARY AS THE EXECUTIVE DIRECTOR OF THE
and Mayor COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT;
RATIFYING, APPROVING, AND CONFIRMING THE
EMPLOYMENT AGREEMENT.
ENACTMENT NUMBER: R-18-0323
This matter was ADOPTED on the Consent Agenda.
Note for the Record. For minutes referencing Item CA.12, please see "End of
Consent Agenda."
END OF CONSENT AGENDA
Chair Hardemon: And let's do this. So I want to move as much business as I can
before our break. These are some of the things that I've noted as items that are
probably going to command a lot of discussion from us, so I don't want us to
consider these items in this first vote. So I'm going to remove -- just for this vote, I'm
asking us not to consider at this time RE.11, RE.1 --
Vice Chair Russell: Hold on, hold on.
Chair Hardemon: Okay. RE. 11, RE. 1, PH 11, RE. 19 --
Vice Chair Russell: RE. 19.
Chair Hardemon: -- and PH. 9. So I'm just saying, let's not talk about those just yet
in this first vote. We can come back to it and do it, but we just want to address these
items. PH.9 is the last one; just because I feel like there may be some -- a lot of
comment that may leave some people to say, `I want to vote one way versus
another, " and some -- and I want to avoid that as much as possible. So other than
those items, I would like a motion to approve the consent agenda, the PH (public
hearing) agenda, and the --
Vice Chair Russell: Mr. Chair?
Chair Hardemon: -- RE (resolution) agenda, except those items.
Vice Chair Russell: Could -- rather than moving that way, could we pull out any
others at this point that we intend to have conversation on or amendments to?
Chair Hardemon: It's not the -- let me rephrase. It's not the conversation or the
discussion or the amendments, because we can do that with one big motion. It's
really the -- ifyou want to have a dissenting vote.
Vice Chair Russell: Well
Chair Hardemon: That's the thing about it.
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Commissioner Carollo: Can you give me the numbers again that you're pulling out?
Chair Hardemon: Sure, sure. RE.11, RE.1, PH11, RE.19, and PH9. There may be
some other ones if you --
Commissioner Carollo: RE. 19 --
Chair Hardemon: Correct.
Commissioner Carollo: -- and which --?
Chair Hardemon: PH9.
Commissioner Carollo: PH.9.
Chair Hardemon: So that's really what it is. There may be a Commissioner who
wants to vote against an item, and I want to give you that opportunity to at least ask
(UNINTELLIGIBLE).
Commissioner Carollo: Okay. Just give me a second to go to these items directly.
Vice Chair Russell: So you're talking everything through the RE's as well?
Chair Hardemon: So consent agenda, public hearing agenda, and the RE agenda.
Commissioner Carollo: Hold on. Okay, we got the PH, the two solar items --
Chair Hardemon: Right. Pull them to the side.
Commissioner Carollo: That's fine. And let me look at the RE real quick, 11 and 19.
Victoria Mendez (City Attorney): Chairman, I think RE. 16 may be modified on the
floor -- I'm not positive -- "The Bay of Pigs" one. Was there going to be any little
amendment to that?
Chair Hardemon: If there's a modification, let's just note it in the motion.
Ms. Mendez: Okay. I'm just trying to figure out if there is. Thank you.
Commissioner Carollo: Is -- I'm -- REJ1 you pulled. Is the director of DREAM
(Department of Real Estate Asset Management) around anywhere?
Chair Hardemon: Not pulling it. Well --
Commissioner Carollo: No, No, no. I'm saying -- yeah, you took it out from the
consensus voting. Is the director of DREAM around?
Emilio T. Gonzalez (City Manager): Do you want to talk to him now?
Commissioner Carollo: Well, if he could come be -- well --
Mr. Gonzalez: No, he's here.
Commissioner Carollo: No, no, no. I don't need him up there.
Mr. Gonzalez: Okay.
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Commissioner Carollo: I just need him here --
Mr. Gonzalez: He'll be here, yes.
Chair Hardemon: Yes.
Commissioner Carollo: -- before lunch.
Chair Hardemon: Right.
Commissioner Carollo: Yeah, I see him now. Thank you. And --
Ms. Mendez: RE.3 also needs to be amended on the floor.
Chair Hardemon: Can you state what those amendments are, so that we can just
adopt them?
Ms. Mendez: I'm trying to get Mr. Rose out, so he can say it more articulately than I
can. Thank you.
Commissioner Reyes: Madam City Attorney?
Ms. Mendez: Yes.
Commissioner Reyes: You were referring to RE. 16?
Ms. Mendez: Right, the Bay of Pigs one.
Commissioner Reyes: That's right.
Ms. Mendez: I thought that Mr. Rose was going to give certain language.
Commissioner Reyes: That's right. That's right. Mr. Rose --
Chair Hardemon: Okay.
Ms. Mendez: So he's coming out soon. And then, apparently, RE. 3, the amendment
of the DDA (Downtown Development Authority). That has already been distributed
to everyone, and it'll be a substitute. Thank you. So the only one we await certain
language is from The Bay of Pigs, RE. 16.
Commissioner Carollo: Do we have to take RE.3 out or not?
Commissioner Reyes: I can read the language for Bay of Pigs.
Chair Hardemon: You have the language?
Commissioner Reyes: Yes.
Chair Hardemon: Right. So with the motion -- make the motion --
Commissioner Reyes: Yes. I'm going to make a motion and -- can I make it right
now?
Commissioner Carollo: Yeah.
Chair Hardemon: Correct.
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Commissioner Reyes: You see, "The Pig" person would like to amend the amount of
funding down by $492,000; from 1.2 million to $708,000 from Citywide Parksland
[sic] Acquisition Project, Number 40840507. And I would further ask my colleagues
to join me in directing the City Manager to find an additional available funding
within all the current projects that can be appropriated for this project.
Commissioner Carollo: I second that.
Chair Hardemon: All right. So we're going to adopt that motion in the main motion
Commissioner Reyes: Okay.
Chair Hardemon: So what I'm asking for is a motion -- and can you state on the
record -- what is it, RE.3? Is it RE.3 that you're --? Chris?
Ms. Mendez: No. RE.3 was the DDA (Downtown Development Authority) one, and
that already has been apparently handed out and substituted. It was a substitution
based on the resolution.
Chair Hardemon: Right.
Ms. Mendez: Then that -- Commissioner Reyes --
Commissioner Reyes: This is R.16 [sic].
Ms. Mendez: -- was RE. 16; and then, apparently, PH 4, the trolley item, that you
also received a substitution, so that's as amended as well.
Todd B. Hannon (City Clerk): No. The map is just a backup document. PH.4 isn't -
- the map that was distributed to the Commissioners --
Ms. Mendez: So it does not need to be amended?
Mr. Hannon: No. It's a backup document.
Ms. Mendez: Okay.
Commissioner Carollo: In RE.3, did they include the $2 million for the Museum
Park? Didn't we have another 2 million here?
Chair Hardemon: So let's do this: The Chair would like to entertain a motion to
approve the consent agenda, the PH agenda, and the RE agenda, as was stated on
the record, with the modifications --
Commissioner Reyes: Modification.
Chair Hardemon: -- that were added by Commissioner Reyes.
Vice Chair Russell: I do have an amendment, if it's -- let me know when the right
time to add it is, because I know --
Chair Hardemon: Is there a motion for that?
Commissioner Reyes: Motion.
Commissioner Carollo: Second.
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Commissioner Gort: Second.
Chair Hardemon: Properly moved and seconded.
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00:0144[44:I;r_1N1►[*9
PHA
RESOLUTION
4297
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY")
Community and
ANNUAL ACTION PLAN FOR FISCAL YEAR ("FY") 2018-2019,
Economic
ATTACHED AND INCORPORATED; AUTHORIZING THE CITY
Development
MANAGER TO SUBMIT THE ANNUAL ACTION PLAN FOR FY
2018-2019 TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT ("HUD") FOR REVIEW AND
APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0325
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PH.], please see "End of
Consent Agenda. "
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PH.2 RESOLUTION
4344 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
City Manager's ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
Office APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING
AND RECOMMENDATION, ATTACHED AND INCORPORATED AS
EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO
THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; AUTHORIZING THE ALLOCATION AND
APPROPRIATION BY THE CITY OF MIAMI ("CITY") OF GRANT
FUNDS IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) ("GRANT") FOR THE
PROGRAM YEAR FROM JULY 26, 2018 THROUGH JULY 26, 2019
("2018-2019 PROGRAM YEAR") TO CITY YEAR, INC., A UNITED
STATES INTERNAL REVENUE CODE SECTION 501(C)(3) NOT-
FOR-PROFIT ORGANIZATION ("CITY YEAR"), FOR ITS CITY YEAR
MIAMI PROGRAM WITHIN THE CITY ("PROGRAM"), WITH AN
OPTION FOR THE CITY MANAGER TO RENEW FOR ONE (1)
ADDITIONAL FUTURE YEAR OF CITY SPONSORSHIP GRANT
FUNDING UNDER THE SAME TERMS AND CONDITIONS,
SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A
GRANT AWARD AGREEMENT WITH CITY YEAR AND ANY AND
ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND
AMENDMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO COMPLETE THE GRANT ALLOCATION AND
APPROPRIATION, AND TO IMPLEMENT THE CITY'S
PARTICIPATION IN THE PROGRAM FOR THE 2018-2019
PROGRAM YEAR ONLY.
ENACTMENT NUMBER: R-18-0326
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PK2, please see "Public
Comment Period for Regular Items" and "End of Consent Agenda. "
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PH.3 RESOLUTION
4351 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Fire- ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE
Rescue CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AFTER
AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE
SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "B";
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND APPROVING THE PROCUREMENT
OF MAINTENANCE AND REPAIR SERVICES OF FERNO AND
STRYKER ("MANUFACTURERS") EMERGENCY AMBULANCE
COTS FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE -
RESCUE"), FROM ERLA, INC. D/B/A EQUIPMENT MANAGEMENT
SERVICE AND REPAIR FLORIDA ("EMSAR FLORIDA"), ON AN AS
NEEDED BASIS, FOR A THREE (3) YEAR TERM, WITH THE
OPTION TO RENEW FOR THREE (3) ADDITIONAL THREE (3)
YEAR PERIODS, AT A FIRST YEAR NOT -TO -EXCEED AMOUNT
OF $26,000.00 WITH OPTIONAL ANNUAL INCREASES NOT TO
EXCEED FIVE PERCENT (5%), ALLOCATING FUNDS FOR THE
FIRST YEAR FROM THE FIRE -RESCUE GENERAL FUND
ACCOUNT CODE NO. 00001.184010.546000.0000.00000, WITH
FUTURE YEARS FUNDING SUBJECT TO AVAILABILITY OF
FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT ("PSA"), WITH EMSAR
FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM; 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 CITY
CODE INCLUDING, THE CITY OF MIAMI'S ("CITY")
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-18-0327
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PK3, please see "End of
Consent Agenda. "
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PH.4
RESOLUTION
4239
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of
AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL
Resilience and
STEPS NECESSARY, INCLUDING BUT NOT LIMITED TO,
Public Works
NEGOTIATING AND EXECUTING AN AMENDMENT TO THE
CURRENT INTERLOCAL AGREEMENT ("AGREEMENT")
BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF
MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, ADDING THE CROSS BAY EXPRESS TROLLEY
ROUTE ("ROUTE") TO THE CITY'S TROLLEY SYSTEM TO
PROVIDE SERVICE FROM THE BAYSIDE MARKETPLACE ALONG
BISCAYNE BOULEVARD, EASTBOUND ON THE MACARTHUR
CAUSEWAY, SOUTHBOUND ON ALTON ROAD TO SOUTH
POINTE DRIVE, WASHINGTON AVENUE TO 5TH STREET, AND
WESTBOUND ON MACARTHUR CAUSEWAY FOR AN
APPROXIMATE TOTAL OF 9.67 MILES IN LENGTH AND
OPERATING SEVEN (7) DAYS A WEEK, CHARGING A FARE NOT
YET DETERMINED FOR THE ROUTE, WITH PENDING
MODIFICATIONS IN THE HOURS OF OPERATION; FURTHER
AUTHORIZING THE CITY MANAGER TO MAKE ANY AND ALL
FUTURE CHANGES TO THE ROUTE AND NEGOTIATE AND
EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT AS
MAY BE DEEMED NECESSARY FOR SAID PURPOSE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL.
ENACTMENT NUMBER: R-18-0310
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For directive referencing PH.4, please see Item NA.1.
For additional minutes referencing Item PH.4, please see "End of Consent
Agenda" and Item NA. I.
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PH.5
RESOLUTION
4340
TO BE DEFERRED
Department of Real
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Estate and Asset
THE BID RECEIVED ON APRIL 10, 2018, PURSUANT TO
Management
INVITATION TO BID ("ITB") NO. 17-18-008, FROM KIEWIT
INFRASTRUCTURE SOUTH CO., A DELAWARE PROFIT
CORPORATION REGISTERED WITH FLORIDA ("KIEWIT"), THE
SOLE RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE
CONSTRUCTION SERVICES FOR THE MIAMI WOMAN'S CLUB
BAYWALK PROJECT - D2 - PROJECT NO. B-30731, IN THE
AMOUNT OF SIX HUNDRED THIRTY EIGHT THOUSAND EIGHT
HUNDRED SIXTY FOUR DOLLARS ($638,864.00) FOR THE
SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER'S
CONTINGENCY ALLOWANCE IN THE AMOUNT OF SIXTY THREE
THOUSAND EIGHT HUNDRED EIGHTY SIX DOLLARS AND
FORTY CENTS ($63,886.40), FOR A TOTAL NOT -TO -EXCEED
AWARD AMOUNT OF SEVEN HUNDRED TWO THOUSAND
SEVEN HUNDRED FIFTY DOLLARS AND FORTY CENTS
($702,750.40); ALLOCATING FUNDS FROM THE OFFICE OF
CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-30731;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
NEGOTIATED AGREEMENT WITH KIEWIT, IN SUBSTANTIALLY
THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS
AND ATTACHMENTS; 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 ("CITY")
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.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PH. 5, please see "Order of the
Day" and "End of Consent Agenda. "
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PH.6 RESOLUTION
4347 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Grants ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Administration VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDINGS AND RECOMMENDATIONS IN EXHIBIT "A," ATTACHED
AND INCORPORATED, THAT COMPETITIVE NEGOTIATION
METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"); WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; APPROVING THE FINDINGS AND
RECOMMENDATIONS OF THE CITY OF MIAMI'S ("CITY")
DEPARTMENT OF GRANTS ADMINISTRATION THAT
EXCEPTIONAL CONSULTING EDUCATIONAL LEADERS, INC., A
FLORIDA FOR-PROFIT CORPORATION ("SERVICE PROVIDER"),
IS THE MOST QUALIFIED ORGANIZATION TO PROVIDE
INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY
WORKSHOPS, AND OTHER SUCH ACTIVITIES IN CONJUNCTION
WITH PARENTING SERVICES (COLLECTIVELY, "PROGRAM
SERVICES") AT VARIOUS CHILDCARE CENTERS WITHIN THE
CITY FOR THE FAMILIES FIRST PARENTING PROGRAM
("PROGRAM"); AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS,
PROFESSIONAL SERVICE AGREEMENTS, AND AMENDMENTS,
EXTENSIONS, RENEWALS, AND MODIFICATIONS, AS
NECESSARY AND IN COMPLIANCE WITH THE RELATED
CHILDREN'S TRUST CONTRACT ("TRUST CONTRACT"), WITH
THE SERVICE PROVIDER, IN AN AMOUNT NOT TO EXCEED
EIGHTY THOUSAND DOLLARS ($80,000.00) FOR A PERIOD
COMMENCING AUGUST 1, 2018 THROUGH JULY 31, 2019, WITH
THE OPTIONS TO RENEW FOR UP TO FIVE (5) ADDITIONAL
PERIODS AT THE SAME NOT TO EXCEED AMOUNT, UNDER THE
SAME TERMS AND CONDITIONS FOR COMPLIANCE, WITH THE
PROGRAM AND THE TRUST CONTRACT, SUBJECT TO
BUDGETARY APPROVAL AT TIME OF NEED.
ENACTMENT NUMBER: R-18-0328
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PK 6, please see "End of
Consent Agenda. "
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PH.7
RESOLUTION
4487
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Community
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
Investment
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF
MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF FUNDS FROM THE OFFICE OF COMMUNITY
INVESTMENT IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00
TO COMMUNITY YOUTH AGAINST VIOLENCE, INC., A FLORIDA
NOT FOR PROFIT CORPORATION, FOR THE "HOME, FED,
TUCKED -IN BED BY 11 PROGRAM;" 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-18-0329
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PK 7, please see "End of
Consent Agenda. "
PH.8
RESOLUTION
4488
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
Community
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
Investment
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF
MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF FUNDS FROM THE OFFICE OF COMMUNITY
INVESTMENT IN A TOTAL AMOUNT NOT TO EXCEED $35,000.00
TO THE SUNDARI FOUNDATION, INC. A FLORIDA NOT FOR
PROFIT CORPORATION, TO PROVIDE MEALS BY LOTUS HOUSE
AT THE LOTUS VILLAGE LOCATION; 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-18-0330
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PH. 8, please see "End of
Consent Agenda."
PH.9
RESOLUTION
4213
A RESOLUTION OF THE MIAMI COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING METHODS AS NOT BEING
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY") TO ESTABLISH A SOLAR TREE AND RENEWABLE
ENERGY PROGRAM ("PROGRAM") FOR THE INSTALLATION OF
SOLAR TREES AND RENEWABLE ENERGY GENERATING
EQUIPMENT TO BE PLACED IN DISTRICT 4 PARKS OF THE CITY
AND TO REVIEW FURTHER LOCATIONS FOR INCLUSION IN THE
PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE THE SOLAR LICENSE AGREEMENT
BETWEEN THE CITY AND FLORIDA POWER & LIGHT ("FPL"), IN
SUBSTANTIALLY THE ATTACHED FORM, AND ANY
AMENDMENTS AND EXTENSIONS THERETO, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT SAID PROGRAM.
ENACTMENT NUMBER: R-18-0331
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For directive referencing Item PH.9, please see Item NA.2.
For additional minutes referencing Item PH.9, please see "Public Comment
Period for Regular Items" and "End of Consent Agenda."
Chair Hardemon: All right, let's move on to some other business. The first item that
we have that we passed over was PH.9, so I want to give opportunity for PH.9 to be
heard. That's the solar tree with Commissioner Reyes' district. Hello, sir. You're
recognized.
Armando Fernandez: Good morning, Chairman, Commissioners. My name is
Armando Fernandez, with Florida Power & Light, and we're very happy and proud
to be here supporting this item, and we'll make ourselves available to answer any
questions that the Commission might have.
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Commissioner Reyes: Yes. We thought about this opportunity, and we found out
that -- was brought to us, and we can -- I mean, we're going to receive revenues
from you guys. And could you please state how much you're going to pay per
kilowatt?
Kathleen Campanella: Sure. My name is Kathleen Campanella, and I'm a Program
Manager for the FPL (Florida Power Light) Solar Now Program, and there is a
license fee offered with the Solar Now Program; it's $50 per kilowatt, capacity
installs, with an annual increase of 2 percent per year for the duration of the
agreement.
Commissioner Reyes: Yes. And --
Vice Chair Russell: What does that equal total for the year?
Commissioner Reyes: For. the year. And how much --
Vice Chair Russell: -- per -- or let's say per tree.
Commissioner Reyes: -- each tree is going to bring the -- to the coffers of the City of
Miami?
Ms. Campanella: We're looking -- we haven't finalized how much we're putting in
the parks, but somewhere between 20 to 25 kilowatts, which will be approximately
$1,000 to $1,500 on an annual basis.
Commissioner Reyes: And also, it will provide charging stations for anybody that
comes to the park and want to charge the --
Ms. Campanella: All the solar trees have the option to add charging for electronic
devices, as well as seating or counter -height tables.
Commissioner Reyes: Tables with shade?
Ms. Campanella: With shade. You can't forget your shade. 120 square feet of
shade for the curves, which are the smaller solar tree, and up to 200 square feet for
the lift, which is the larger version.
Commissioner Reyes: And I wanted to try it out in our parks, in a District 4 park,
one park, and then see how it works. And if it brings benefit to the residents that go
and they sit under the shade, and the same time, they can use a -- charge their cell
phones or iPods, whatever -- and besides, every -- we are getting $50 per kilowatt.
That is pretty good.
Ms. Campanella: Yeah. I mean, I would like to add, I think the educational impact
of this program is very important as well. It gives folks in the community an
opportunity to interact with solar in ways they haven't had the chance to do so
before.
Commissioner Reyes: That's right.
Ms. Campanella: They promote awareness and education about solar energy and
the different applications in which it can be used.
Commissioner Reyes: And also, every -- repairs, anything, it is your responsibility?
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Ms. Campanella: That's correct. FPL operates and maintains the structures at no
cost to the City.
Chair Hardemon: Any other questions?
Vice Chair Russell: Yes. And thank you, Commissioner Reyes, for bringing this. I
had a good briefing with FPL, and I have some issues with this. I spoke with the
City Attorney with regard to liability. If one of these blows over in a storm or
whatever --
Commissioner Reyes: Yes.
Vice Chair Russell: -- any damage it causes, if it falls over on a kid in a park, we
need indemnity from them.
Commissioner Reyes: Well, we are going to be --
Ms. Campanella: (UNINTELLIGIBLE) understanding that that was worked out.
Vice Chair Russell: Has it been resolved? Because I haven't been briefed that it
has.
Victoria Mendez (City Attorney): We're still drafting the appropriate language, but
we think we can come to an agreement. And if, for some reason, we do not, then we
will come back to you, but I think that will be (UNINTELLIGIBLE).
Commissioner Reyes: And, Commissioner, that was my concern too, you see. And
we want to be held harmless.
Vice Chair Russell: Yeah.
Commissioner Reyes: And I'm glad that you brought that up, because that way, we
are touching all the bases.
Vice Chair Russell: Thank you. And then just to really be clear for what this is,
especially for solar advocates who care about this issue, this will not be producing
electricity for the City of Miami or powering our parks, and it won't be creating a
per -kilowatt-hour revenue for the City.
Commissioner Reyes: That's true.
Vice Chair Russell: We're basically getting a licensing fee for them to place these,
which will generate power for the grid --
Commissioner Reyes: For the grid.
Vice Chair Russell: -- for FPL that they can then sell. Of course, the costs that
they're incurring in this far outweigh anything that they would sell, and they are
giving any surplus funds to charity. So what we're really looking at is a
communications effort, a marketing effort on --
Commissioner Reyes: That's right.
Vice Chair Russell: -- solar with FPL and the City. And through this process, the
statistic that I learned, that I think really is worth telling, that FPL has 13 40 -acre
solar farms around the State, and those are creating enough power currently to
generate the entire City of Miami's power for housing --for our homes. Of course,
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it's spread throughout the City, but their intent to multiply that effort and do more
and more in solar is a story worth telling, and I'm glad that they're investing in it.
So I will support this effort.
Commissioner Reyes: Thankyou.
Commissioner Gort: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Gort: One of the things I requested, and I think they call them
"umbrellas, " right?
Vice Chair Russell: Solar trees.
Commissioner Gort: Solar trees, okay. Solar trees. Some kind of landscaping
around the solar trees I think will be very nice.
Ms. Campanella: We can certainly talk about that and see where it fits.
Commissioner Gort: Okay.
Ms. Campanella: Definitely.
Chair Hardemon: All right. Is there a motion to approve the item?
Commissioner Carollo: A motion.
Commissioner Reyes: Second.
Chair Hardemon: It's been properly moved; seconded by Commissioner Reyes. Any
further discussion? Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion carries.
Ms. Campanella: Thank you.
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PH.10
RESOLUTION
4498
A RESOLUTION OF THE MIAMI COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING METHODS AS NOT BEING
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI (OR
TO ITS LIMITED AGENCY AND INSTRUMENTALITY BAYFRONT
PARK MANAGEMENT TRUST) TO ENTER INTO A BAYFRONT
PARK USE AGREEMENT WITH EVENT ENTERTAINMENT
GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL
ULTRA MUSIC FESTIVAL FOR A PERIOD OF (_) YEARS,
WITH ONE (1) (_) YEAR OPTION TO RENEW, WITH AN
ANNUAL TWO MILLION DOLLAR ($2,000,000.00) GUARANTEED
MINIMUM PAYMENT TO THE CITY OF MIAMI, WITH THE TERMS
AND CONDITIONS SET FORTH IN THE USE AGREEMENT;
FURTHER AUTHORIZING THE BAYFRONT PARK EXECUTIVE
DIRECTOR/CITY MANAGER, AS APPLICABLE, TO EXECUTE THE
BAYFRONT PARK USE AGREEMENT WITH THE USER FOR THE
ULTRA MUSIC FESTIVAL, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE BAYFRONT PARK MANAGEMENT
TRUST.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PH.10 was deferred to the September 13, 2018, Regular
Commission Meeting.
For minutes referencing Item PH.10, please see "Order of the Day" and "End of
Consent Agenda. "
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PH.11
RESOLUTION
4510
A RESOLUTION OF THE MIAMI COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
CONFIRMING, AND APPROVING THE CITY MANAGER'S
ABSENT:
RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING METHODS AS NOT BEING
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY") OR TO BAYFRONT PARK MANAGEMENT TRUST, TO
ESTABLISH A SOLAR CIRCLE/RING AND RENEWABLE ENERGY
PROGRAM ("PROGRAM"), FOR THE INSTALLATION OF SOLAR
CIRCLE/RING AND RENEWABLE ENERGY GENERATING
EQUIPMENT TO BE PLACED IN BAYFRONT PARK LOCATED AT
APPROXIMATELY 301 BISCAYNE BOULEVARD, MIAMI, FLORIDA
AND POSSIBLY OTHER PARKS OF THE CITY, AS APPROVED BY
THE CITY; AND TO PROVIDE A MECHANISM TO REVIEW ANY
FURTHER SUITABLE LOCATIONS FOR INCLUSION IN THE
PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE THE SOLAR LICENSE AGREEMENT
BETWEEN THE CITY AND FLORIDA POWER & LIGHT COMPANY,
IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY
AMENDMENTS AND EXTENSIONS THERETO, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND
REGULATIONS, IN ORDER TO IMPLEMENT SAID PROGRAM.
ENACTMENT NUMBER: R-18-0332
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Carollo, Reyes
ABSENT:
Gort
Note for the Record: For additional minutes referencing Item PILll, please see
"End of Consent Agenda."
Chair Hardemon: PH.11.
Armando Fernandez: Thank you, Commissioner.
Chair Hardemon: Yeah, you may want to stay.
Mr. Fernandez: Again, my name is Armando Fernandez; address, 4200 West
Flogler, and we're here -- again, we're very excited to partner with the Ciiv and the
Trust on this item, and we're here to answer any technical questions on the item.
Commissioner Carollo: Well --
Vice Chair Russell: Yes, please.
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Commissioner Carollo: -- let me begin by saying that this one is a little different
than the one that we just voted upon. This is about a $20 million gift that we'll be
receiving. It will be part of the Super Bowl legacy when the Super Bowl comes here.
And this is why this is very, very time -sensitive, because if they're going to have it
ready when we have the Super Bowl here and activities in Bayfront Park for the
Super Bowl, they got to get started right away. They can't wait for us to come back
in September to get it going. Go ahead and explain to the members of the
Commission what it all entitles [sic].
David Bates: My name is David Bates, and I'm the Solar Project Manager for this
project. And FPL's (Florida Power & Light) proposing here to invest significantly
in improving and enhancing the amphitheater area by providing a cover, a
retractable cover over that, as well as a solar ring, which enables the solar cover to
be available. It also would provide a shading area in the back, where people enter
into the amphitheater, and we are proposing to do additional solar trees throughout
the Bayfront Park area as well, potentially on the baywalk area, so this is a
significant investment to enhance that. The solar --the cover itself is not really part
of the solar, so that's really -- if we were building a solar project, the cover would
not be apart of it, but in this particular case, in order to fit it into the Bayfront Park
amphitheater, we realize that this is something that would enhance the facility, it
would provide more opportunity for events not to be rained out, it would provide
opportunity for events to be held in inclement weather; and there are also artists that
would want to come to a green facility, which is -- by providing the solar panels on
top, would make it a renewable, sustainable, and a resilient facility.
Commissioner Carollo: The cover that they're talking about is not only going to
provide cover for about 2,500 seats that we have in the amphitheater there, but it's
also going to help us market that tremendously more; therefore, it's going to bring
additional dollars to the Trust that will be to the City. I see that we have here the
Chairman of the Super Bowl Committee, Rodney Barreto. Rodney, would you care
to come up and put your two cents into it?
Rodney Barreto: Yes. Thank you, Commissioner Carollo. Mr. Chairman and
Commissioners, if I could just take a second. Obviously, we have Super Bowl
coming here in 2020, February 2, 2020. We've been -- we've partnered up with
FP&L (Florida Power & Light) early on, and FP&L came, and they wanted to be
part of the Super Bowl activities. They created this opportunity that has been -- they
have labeled and we have labeled a legacy gift to the City of Miami. There's been
some confusion, because my staff has gone around to the DDA (Downtown
Development Authority) and others and said that they want to create a legacy gift.
So you know that when the NFL (National Football League) comes here, they're
going to give us a million dollars that I got to match with a million dollars for a gift.
In the past, we built the Youth Center up in Liberty City, and we built one in
Broward County. The NFL has not built no more facilities. I've been dealing with
their Foundation Chair to figure out what they want to do as far as legacy for
Miami -Dade County, City of Miami, on that perspective. Now back to the solar
opportunity. We view this as a tremendous opportunity. It's an urban park in your
downtown. We believe it'll provide proper cover for the amphitheater. I think it'll
make the amphitheater more appealing for people to use, because it's so hot as --
you know, if you go outside, you would know -- even the cover for rain. At FP&L's
expense, that expense has driven this project to a much larger number, because
putting the cover really has nothing to do with solar.
Commissioner Carollo: Yeah. Its 5 million more that they've added onto it, and it's
going to provide the area that is covered in the seating of 2,500 to be 17 percent
cooler than outside.
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Mr. Barreto: If I may, Commissioner? One last thing is when the NFL comes to
town, they have an environmental committee that we work with -- a guy name Jack
Groh runs that -- and it's a carbon -neutral game. So they'll plant trees here in our
community to make the game carbon -neutral, and solar is part of that carbon -
neutral. So we feel that this is a tremendous opportunity for the City. It's not going
to cost them any money, and I think it'll leave a lasting gift for the City. So we
appreciate your consideration.
Commissioner Carollo: Thank you, Rodney. Any questions from the members of the
Commission?
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Thank you. And thank you, Mr. Barreto, for clarifying that this
is their Super Bowl legacy; that we're going to get another Super Bowl legacy --
Mr. Barreto: That's correct.
Vice Chair Russell: -- that's from the Super Bowl --
Mr. Barreto: That's correct.
Commissioner Reyes: That's right.
Vice Chair Russell: -- which, I'm learning today, may or may not be a capital
investment; may be services toward youth programming or something like that. So
we have --
Mr. Barreto: That's correct. Until I get that defined, Commissioner, I'll come back
and relay that to you.
Vice Chair Russell: My questions on the solar ring --
Commissioner Gort: (UNINTELLIGIBLE).
Vice Chair Russell: -- what are the costs to the City, what are the costs to the
Bayfront Park Trust, and what are the revenues? So is it producing any money for
either the Trust or the City? Is it costing the City or the Trust any money? Because I
understand that there's a pretty significant maintenance fee with regard to the
covered portion.
Mr. Barreto: I'll let FPL answer that.
Commissioner Carollo: Yeah, if they could explain this.
Unidentified Speaker: So the retractable canopy does have a maintenance portion
associated with it, because whenever you have a moving part, there's going to be
some -- if you built a car, you'll have to oil it, or things of that nature. So that
moving part does have a maintenance. We provided that estimated maintenance,
projected maintenance to the Trust. The Trust is setting aside an operating fund to
be able to cover that. We do have --
Vice Chair Russell: How much is that?
Unidentified Speaker: It's about $40,000 a year. And if the cost -- the operating
maintenance happens to exceed that, FPL would cover that.
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Vice Chair Russell: 40, 000 a year. And beyond that --
Commissioner Carollo: How it works, Commissioner, so you can understand, it's
not that the 40,000 will be spent every year; we're putting it in a trust for that. And
any given year that money is needed, only monies there could be spent some years;
especially in the beginning, it'll be much less than the 40. And as we go into out -
years, it'll be more. But we will never be liable to spend anything more than what's
in the Trust. They would take care of the difference.
Commissioner Gort: So that can be a restricted fund?
Commissioner Carollo: Yeah.
Mayor Francis Suarez: I just want to --
Chair Hardemon: Mr. Mayor.
Mayor Suarez: Thankyou. I just want to briefly commend you, Commissioner --
Commissioner Carollo: Thank you.
Mayor Suarez: -- and you, Vice Chair, for bringing this together and putting this
together. I think this is going to be an iconic -- it's going to be an iconic structure
for the City, and it's going to be just in time for the Super Bowl. And I want to thank
FP&L for their participation as well.
Commissioner Carollo: Thank you, Mayor. Did anybody bring renderings --
Commissioner Reyes: Yes.
Commissioner Carollo: --so that the public could see what it would look like? I
mean, it's quite impressive.
Commissioner Reyes: Yes, sir.
Commissioner Carollo: It'll have lights and everything.
Mr. Barreto: I think if you bring it over here to the Clerk, they can do that.
Commissioner Carollo: Yeah.
Chair Hardemon: Can I have a member from IT (Information Technology) please
come?
Mr. Barreto: Oh, you have someone from IT.
Chair Hardemon: Is that an Wad or is that a --?
Unidentified Speaker: It's an Wad.
Chair Hardemon: It's an Wad.
Unidentified Speaker: Yeah.
Chair Hardemon: Be hard pressed.
Commissioner Reyes: We have our expert right there.
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Mr. Barreto: Here's your IT guy right behind you. Mr. Chairman, if I may take a
moment?
Chair Hardemon: Please.
Mr. Barreto: I look forward to -- maybe after the summer break -- to come and give
you a little presentation on Super Bowl Park, which is going to be basically
Intercontinental Hotel to Bayside, and we're going to have about a million visitors
come through that park. The NFL Headquarter Hotel is going to be Intercontinental
Hotel, so we'll have a -- we'll probably have a team staying in the -- within the City
limits as well. We're waiting for the NFL to make the final call on that, so.
Vice Chair Russell: Okay.
Commissioner Gort: We're going to expand those parks throughout the City, right?
Mr. Barreto: Yes, sir. Yeah. We're going to be -- there's going to be all kinds of
activations throughout the City.
Commissioner Carollo: And what Rodney really wants is, once you do the circle, he
wants to get in the middle and be the first one to say, "Beam me up, Scotty. "
Mr. Barreto: Thank you.
Commissioner Carollo: You'll see what I mean, once you see it up there.
Unidentified Speaker: The question is, "Who's going to be in the Super Bowl that
year?"
Mr. Barreto: I don't know.
Unidentified Speaker: Dolphins maybe?
Commissioner Gort: Yeah.
Commissioner Carollo: Let's hope.
Mr. Barreto: Did you get it?
Commissioner Gort: (UNINTELLIGIBLE).
Chair Hardemon: Did you get that ticket to --?
Commissioner Carollo: In the meantime, Madam City Attorney, I know that this
question's going to come up from some of my colleagues, and it certainly needs to
come up from me, also. Some of the little kinks that we still had, where are we at
with them; that were supposed to be worked out by today?
Victoria Mendez (City Attorney): Right. So we -- we're still in the -- you know --
back and forth on some of the drafting versus some of the issues, but should -- since
this is in substantially the attached form before you, we'll be able to finish and iron
those out. Obviously, if anything were not to be able to be ironed out, we would
come before you again, but it should all be dealt with.
Commissioner Carollo: We need to try to iron it out from both sides to work hard on
it, because -- to get it done before the Super Bowl. Time is running out. And I'd like
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to compliment you and your staff for working very hard in protecting the City's
interest on this.
Ms. Mendez: Thank you.
Chair Hardemon: I suggest we put forth a motion, so we can move forward with the
item.
Commissioner Carollo: Okay, I --
Commissioner Reyes: I move it.
Commissioner Carollo: Okay, there's a motion.
Chair Hardemon: Been properly moved --
Commissioner Carollo: There's a second.
Chair Hardemon: -- by Commissioner Reyes; seconded by Commissioner Carollo.
Any further discussion on the item? Hearing none, all in favor of the item, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion carries.
Commissioner Carollo: Did IT finally get back there on it or --?
Chair Hardemon: They're back there, but we're at our lunch break, so --
Commissioner Carollo: Whoa, whoa. Just wait a second. I mean, we should see
this. It'll take a minute or two. It's impressive.
Commissioner Reyes: Point of --
Commissioner Carollo: It's 20 million bucks, so it should be.
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PH.12
RESOLUTION
4509
TO BE DEFERRED
City Manager's
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING,
ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES
ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO
SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE HOST CITY AGREEMENT AND THE PARK USE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BY AND BETWEEN THE CITY OF MIAMI, THE
BAYFRONT PARK MANAGEMENT TRUST, SOUTH FLORIDA
RACING, LLC., AND FORMULA ONE WORLD CHAMPIONSHIP
LIMITED, FOR A TEN (10) YEAR CONTRACT FOR THE RUNNING
OF THE FORMULA 1 MIAMI GRAND PRIX STARTING IN
OCTOBER OF 2018 WITH A FAN FESTIVAL AT BAYFRONT PARK
AND COMMENCING WITH FORMULA ONE GRAND PRIX RACING
FROM OCTOBER 2019 THROUGH OCTOBER 2029 WITH AN
OPTION FOR A FURTHER TEN (10) YEAR EXTENSION AND WITH
TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN
SAID AGREEMENT.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PK12 was continued to the September 27, 2018,
Planning and Zoning Commission Meeting.
For minutes referencing Item PK12, please see "Order of the Day" and "End of
Consent Agenda. "
END OF PUBLIC HEARINGS
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I4Jie4Ji14:it]4►[WK91N311►/e1►140
EMA
ORDINANCE Emergency Ordinance
4519
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI
Commissioners
CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
and Mayor
CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
AYES:
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
ABSENT:
"FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE
PARTICULARLY BY CREATING SECTION 18-121, ENTITLED
"PROCUREMENTS, GRANTS, SUBGRANTS, AND COMPLIANCE
UTILIZING REQUIREMENTS FOR FEDERAL DISASTER
ASSISTANCE"; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13783
MOTION TO:
Adopt as an Emergency Measure
RESULT:
ADOPTED AS AN EMERGENCY MEASURE
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. Item EM.1 passed as an Emergency Ordinance with two roll
calls, waiving the requirement for two separate readings.
Chair Mardemon: Let's do this. Madam City -- Mr. Assistant City Attorney, can you
read into the record EM.1 ?
Barnaby Min (Deputy City Attorney): Yes, sir.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Mardemon: Is there a motion to approve the item?
Commissioner Gort: Move it.
Vice Chair Russell: Second.
Chair Mardemon: Properly moved and seconded. Anyone --
Mr. Min: I'm sorry. Mr. Chair, it does require a four-fifths vote, since it is an
emergency.
Commissioner Gort: We can wait.
Vice Chair Russell: Yeah, we'll wait.
Later...
Chair Mardemon: SR (second reading) -- Could I have a motion on EM.1 again?
Well, it's been properly -- EM.1 has been properly moved and seconded
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Vice Chair Russell: It has.
Chair Hardemon: So moved by Commissioner Gort; seconded by the Vice
Chairman. The -- any further discussion on the item? Hearing none, all in favor of
the item, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Mr. Min: Mr. Chairman, since it is an emergency ordinance, I do need to read it a
second time and have a second vote.
Chair Hardemon: That's fine.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Vice Chair Russell: I'll move it.
Commissioner Gort: Move it.
Vice Chair Russell: Second.
Chair Hardemon: Been properly moved and seconded. Seeing the presence of
Commissioner Reyes, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries. You're good to go.
END OF EMERGENCY ORDINANCE
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MMI&I*K%]ki1III Nzril C Ikq[eye]NQIkgWkiIs]*I
SRA
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
APPLICABLE CHANGES REQUIRED BY THE UNITED STATES
INTERNAL REVENUE CODE, AS AMENDED, AS PROVIDED IN
EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
ENACTMENT NUMBER: 13776
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort
ABSENT:
Carollo, Reyes
Chair Hardemon: Can you read in -- SR.I into the record?
Barnaby Min (Deputy City Attorney): Yes, sir.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: Is there a motion?
Commissioner Gort: Move it.
Vice Chair Russell: Second.
Chair Hardemon: Properly moved and seconded.
Commissioner Gort: I thought it was four-fifths?
Chair Hardemon: Any discussion? Hearing none, all in favor of the motion, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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SR.2
ORDINANCE Second Reading
3374
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
AYES:
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 WITH CERTAIN REQUIREMENTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. Item SR.2 was deferred to the September 13, 2018, Regular
Commission Meeting.
For additional minutes referencing Item SR.2, please see "Public Comment Period
for Regular Items" and Item PZ. 15.
Chair Hardemon: SR.2, can you please read it into the record?
Victoria Mendez (City Attorney): An ordinance of the Miami City Commission,
amending Chapter 23 -- Did you say SR. 4, Chairman?
Vice Chair Russell: SR.2.
Ms. Mendez: 2.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: You're recognized.
Vice Chair Russell: I'm the sponsor of this item and look forward to what it can
provide for relief in historic designation funding, as well as create appropriate
density in the right places of the City, but I don't think it's fully baked in terms of
where the receiving sites are, and there is -- if I'm not mistaken, from the director --
the Planning Director, some additional legislation coming that will also affect its
that we want to try to capture together. So I'd love to hear from the Director, but --
at which point, I'll probably be trying to defer this item to get it fully baked so that
we know exactly who this affects, who's going to be receive -- be able to receive the
density, and how, and everything.
Ms. Mendez: Vice Chairman -- and I apologize, Director Garcia -- PZ. 1 S and 16
are the --
Vice Chair Russell: Okay.
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Ms. Mendez: --accompanying --
Commissioner Reyes: Yes.
Ms. Mendez: --items. Thankyou.
Francisco Garcia (Director, Planning): Right. As pertains to the second statement
made by the City Attorney's Office, we are of the opinion that Item PZ. 1 S may be
able to proceed ahead. The reason for that -- and I'll be brief --is that Item PZ.1 S is
actually the amendment to the Miami Comprehensive Neighborhood Plan that
simply inserts the provision to possibly transfer density. That's all it does. And so,
in that sense, it's not affected by the calibrations that we are discussing. To address
the issue brought up by the Vice Chair, we are of the opinion that to pass the
ordinance as it exists today would basically activate the existing TOD (Transfer of
Development) areas, which are actually perfect circles around Metrorail Stations
and like transportation facilities as areas eligible for the transfer of density, so
density would be transferred into those perfect circles. Those perfect circles don't
really address the reality on the ground, and it may very well be the case -- in fact,
we know it to be the case -- that some areas would receive additional density that
don't merit it, and some areas that merit some additional density would not receive
it. What we are doing is calibrating those TOD sheds to be able to, more smartly, if
I may, be able to designate the areas that are worthy of receiving that additional
density. We will have it ready --
Vice Chair Russell: The perfect circles aren't so perfect.
Mr. Garcia: Precisely right. We intend to have those certainly by September, so
we'll be ready for you then.
Vice Chair Russell: I'd like to work together with you on crating exactly how that
TOD, you know -- because I really believe we are evolving in our ability to reach
transit in a last -mile solution, so where appropriate, I certainly would like to
incentivize appropriate development there.
Mr. Garcia: Perfect.
Vice Chair Russell: What would -- but even though 15 is ready to go on its own,
shouldn't we bring it all together? Would that --?
Mr. Garcia: We think it is best, because to possibly consider adopting PZ. 1 S today
for the sole reason that would give us then time to check back in with DEO, the
Department of Economic Opportunity, and ensure that it complies with all their
requirements as well.
Vice Chair Russell: So PZ. 16, we could hold off, and then the SR (second reading) --
what are we on, 47
Commissioner Reyes: 2.
Vice Chair Russell: -- 2 -- thank you -- those two items we could defer?
Mr. Garcia: Please.
Vice Chair Russell: What would be the appropriate date to bring it back?
Mr. Garcia: I would like to bring them both back on September 27, I believe it is.
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Vice Chair Russell: Is there any chance we could do it for the first meeting in
September? I would like to start bringing the relief this could provide and the
funding for historic preservation that it could provide.
Ms. Mendez: Vice Chairman, the problem is -- and even the September 20 -
something date may be ambitious, because if there's other legislation that has to
come on first reading, you're going to have to let it go to PZAB (Planning, Zoning &
Appeals Board), and then it's going to have to -- they're going to have to catch up. I
mean, I defer to the Planning Director, though.
Vice Chair Russell: Could you define that legislation and what it would -- how it
would impact this legislation?
Mr. Garcia: Right. The only -- the other piece that we would like to also include
that ties in well with this particular legislation, and I think directly accomplishes an
intent set forth by this Commission, is we would like to also tack on the ability to
have an affordable housing contribution in --
Commissioner Reyes: Yes.
Mr. Garcia: -- each of these transactions. If that is the case -- and we certainly are
going to be proposing it -- what I would like to do, if at all possible, is to take that
legislation, which amends Chapter 62 of the City Code, on first reading to the City
Commission for the first meeting in September; and then on second reading, it would
coincide with the calibration of the pedestrian sheds -- I'm sorry -- the TOD sheds on
September 27.
Vice Chair Russell: How about this as a compromise: If we could bring these two --
well, we can try to pass PZ. 15 today. We could defer the other two items from today
to, if it's possible, the first meeting in September, and stating on the record -- or
adding to that legislation -- a caveat that makes room for the future legislation on
the affordable portion, because we certainly do want to capture that. And I don't
think anyone will be able to get under the wire and go through the entire process,
and not have that affordable portion apply, but that way, we could at least start to --
those who would be eligible can start establishing themselves and making it known
and making applications.
Mr. Garcia: That seems acceptable. The other option, if I may suggest it -- and I
would also seek the input of the City Attorney's Office -- is to pass it on second
reading in the first meeting in September and have an adoption date that reflects
future amendments to come by September 27.
Vice Chair Russell: Pass which on second reading?
Mr. Garcia: Items SR.2 and PZ. 16.
Commissioner Gort: Yeah.
Vice Chair Russell: But those aren't ready for even first reading with regard to
where the --
Mr. Garcia: They are. Those are the ones that we will be deferring today.
Vice Chair Russell: Deferring today, yes.
Mr. Garcia: I will restate. If those items that are being deferred today are deferred
to the first meeting in September --
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Vice Chair Russell: Yes.
Mr. Garcia: -- and if they are passed on second reading on the first meeting in
September --
Vice Chair Russell: Understood.
Mr. Garcia: -- with an adoption date that puts them beyond the September 27 date,
then on September 27, we'll have the complete legislation and the packages ready to
move forward.
Vice Chair Russell: So in that case, I'd like to move that we defer SR.2 to the first
meeting in September, please.
Todd B. Hannon (City Clerk): Chair, I believe we can probably do a motion for
both.
Vice Chair Russell: For the PZ item as well?
Mr. Hannon: I'm sorry. (UNINTELLIGIBLE) PZ. 16
Vice Chair Russell: Have we opened the PZ --?
Mr. Hannon: PZ. 16, the applicant is the City, so I don't see an issue with --
Vice Chair Russell: PZ. 16 and SR.2, please. And then after that, we'll move SR. 1 S -
- I mean, PZ. 15 for today.
Chair Hardemon: Any unreadiness on the vote?
Commissioner Gort: Let me ask a question. Francisco, my understanding, the
presentation you had in my office, my district's not being affected, according to how
it was stated. So if it is going to be affected, I want to make sure you come and let
me know.
Mr. Garcia: There's no question about it. District I does have some transportation
oriented development sites, so it will be, to some extent, affected.
Commissioner Gort: I'd like to get the information on that.
Mr. Garcia: Absolutely.
Chair Hardemon: Seeing no further unreadiness, all in favor of the motion, say
"aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion carries for deferral.
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SR.3
ORDINANCE Second Reading
3719
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
MOVER:
CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF
Commissioners
MIAMI, FLORIDA, AS AMENDED, ENTITLED NOISE/OFF-STREET
and Mayor
FREIGHT AND COMMERCIAL DELIVERY HOURS,"
ABSENT:
ESTABLISHING A CITY-WIDE PROGRAM AND ADDING
Note for the Record: For additional minutes referencing Item SR.3, please see
ADDITIONAL HOURS; PROVIDING EXEMPTIONS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
=1LlI_T41aIIT, l=1►kiill 01IT, II=1:M19IF"i
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record: For additional minutes referencing Item SR.3, please see
"Public Comment Period for Regular Items. "
Chair Hardemon: SR.31 can you read it into the record? SR.3, read it into the
record.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: Is there a motion?
Commissioner Gort: Move it.
Chair Hardemon: Been properly moved; seconded by the Chair.
Vice Chair Russell: Discussion.
Chair Hardemon: You're recognized.
Vice Chair Russell: Thank you, Mr. Chairman. This was with regard to off-street
freight loading and unloading times. I've been waiting to get an exact sort of map
that can see if there are specific carve -outs to this area, because I completely
understand and want to support what the Commissioner's trying to do with regard to
quality of life in the neighborhoods, but I think there are some unintended
consequences here that a few other organizations would like to weigh in on. So
particularly, the Coconut Grove area, NCD (Neighborhood Conversation District) -2
and 3, and the Downtown Development Authority area may have some different
ideas of appropriate times for loading and unloading.
Francisco Garcia: For the record, Francisco Garcia, Planning Director. Thank
you for the opportunity to address that more clearly. You will find that the
legislation that you have there -- so with no changes at all -- already makes specific
provisions to exclude or carve out those particular areas of concern; specifically, the
downtown is actually referred to as the area of the Downtown Development
Authority, boundaries already existing, as well as the area of the Coconut Grove
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Business Improvement District. Those specific exemptions are already in the
ordinance that you have before you.
Vice Chair Russell: Is it possible to amend the Business Improvement District to be
NCD -2 and 3, to be Coconut Grove, as a whole? Because the BID (Business
Improvement District) itself is a very specific crenulated pattern there. What we're
looking for -- because we also want to capture Grand Avenue, Douglas, 27th, all of
which are outside of the BID, and those would be sensitive areas where we want to
make sure we set the right times for delivery.
Mr. Garcia: I'm somewhat concerned about unintended consequences, because
there are some areas where commercial districts that would be affected by this
ordinance are immediately abutting T3.
Vice Chair Russell: Yes.
Mr. Garcia: And so, perhaps the safest way to go forward is to maybe leave them on
at present --
Vice Chair Russell: Yes.
Mr. Garcia: -- and upon a further look, we can refine those boundaries further. So
it is safer to carve them out for now and to include them later if we think that's
appropriate.
Vice Chair Russell: The carve -outs that you have placed are good. The areas, for
example, Milam's in Coconut Grove, is outside of the Coconut Grove BID, does abut
to T3, I believe, and they may have some different requirements that the neighbors
would be open to outside of this -- what was a pilot, so I just haven't been able to
work with those neighbors and those businesses to see if that would be appropriate.
I'm just worried that if this goes without carving them out at this point, it's going to
capture them in --
Mr. Garcia: So, again, safest to maybe leave them in, in terms of having the new
restrictions apply, and if there seems to be a need between now and then, we can
certainly work on further amendments that will take some additional properties or
areas out if/or as needed.
Vice Chair Russell: Okay.
Mr. Garcia: That would be our recommendation, sir.
Vice Chair Russell: All right, thank you. So we may amend later, if that's the case.
Mr. Garcia: Absolutely, absolutely.
Vice Chair Russell: I'll support for now.
Commissioner Reyes: Yes, if it is necessarily, but what I'm -- the intent of this
ordinance is for those areas that they are residential areas, that they have markets
and businesses, that they come at S o'clock in the morning to make deliveries; or
they be making deliveries until 12, and at different times of the day, without having a
schedule that they can go and -- Now -- and deliver -- if later on we find out that it
present some sort of problem to certain areas, because the businesses are different,
we will be able to amend; we will be able to tweak it, and then try to provide as
much quality of life to the neighbors; and also, at the same time, keep the merchants,
you see, getting their products, but during the time that they do not interfere with
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people's quality of life or their sleep (UNINTELLIGIBLE) say other things, you know
-- among other things.
Vice Chair Russell: I'm supportive.
Commissioner Reyes: Okay.
Ms. Mendez: So right now, just to be clear for -- as drafted, Francisco, the --
nothing has changed in the Coconut Grove area, correct, as drafted? But I just
wanted to confirm with the District 5, right now we carved out all of District 5 in
this. I'm trying to figure out if we already narrowed down the areas versus carving
out all of District 5.
Commissioner Gort: I'm aware of the produce market is going to be affected and
that industrial area within the Allapattah area.
Mr. Garcia: That is correct, Commissioner. The provisions to exempt the produce
market area are already contained --
Commissioner Reyes: Yeah.
Mr. Garcia: -- in the ordinance as you have it.
Commissioner Gort: I wish we could apply that to the trains.
Mr. Garcia: Where else, sir?
Commissioner Gort: To the train.
Mr. Garcia: Right. That's outside of our jurisdiction, unfortunately.
Commissioner Reyes: This is more geared to those businesses that they are within
residential areas that -- they're the ones that are being affected.
Chair Hardemon: So you did not -- I want to be clear -- qualms District 5?
Mr. Garcia: As the City Attorney mentioned, District 5, at present, is exempted from
the applicability of this ordinance. If -- there are two ways to go about this, I
suppose: Either leave it as is or make specific exclusions that would then include the
remainder of District 5 or bring all of District 5 in, whatever your preference is.
Chair Hardemon: Right. We had some discussions about you giving me your
professional opinion about the areas. Were you able to come to an opinion?
Mr. Garcia: Yes, sir. I forwarded those to your office late yesterday, admittedly,
and I would -- I listed -- which I'm happy to read into the record, if you'd like that --
a number of arterials that would do well to receive the protections proffered by this
ordinance, and some that are, frankly, not very much affected by them and would do
better without them. Is it your wish that I read them?
Chair Hardemon: Please.
Mr. Garcia: Certainly. So what I mentioned is that Northwest 2nd Avenue, from 1-
195 to 53rd Street; North Miami Avenue, from 52nd Terrace to 42nd Streets; and
Northeast 2nd Avenue, from 52nd Street to 43rd Streets, would do well to retain or to
accept the restrictions set forth by this ordinance. And then there are five other
major arterials that are, perhaps, best left out, because they have significant
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commercial activity that may be impeded by the implementation of this ordinance.
Would you like for me to read those into the record?
Chair Hardemon: Yes.
Mr. Garcia: Thank you. They would be 79th Street, from 1-95 to Northwest 2nd
Court; Biscayne Boulevard, from the Julia Tuttle Causeway to the northern -- my
apologies -- yes -- from the Julia Tuttle Causeway to the northern end of -- or the
northern boundary of the City of Miami; 71st Street, from Northwest 7th Avenue to
Northeast 2nd Avenue; Northeast 4th Court, from 77th Street to 62nd Street; and
62nd Street, from Northwest 1st Place to Northeast Miami Place; and from
Northwest 7th Avenue to Northwest 12th Avenue.
Chair Hardemon: Okay. Thank you for putting it on the record. We'll just keep it
as it is today, but at least, if someone's paying attention to this, we've kind of set the
foundation for what they can expect.
Commissioner Reyes: Yes.
Chair Hardemon: Any further discussion?
Commissioner Reyes: Nope.
Chair Hardemon: Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Ms. Mendez: As amended.
Chair Hardemon: Motion passes, as amended.
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SRA
ORDINANCE Second 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
ABSENT:
CODE, ENTITLED "DESIGNATION OF HISTORIC RESOURCES,
Note for the Record. For additional minutes referencing Item SR.4, please see
HISTORIC DISTRICTS, AND ARCHEOLOGICAL SITES AND
ZONES," TO PROVIDE A PROCEDURE FOR AN OWNER OF A
SINGLE FAMILY RESIDENTIALLY ZONED PROPERTY TO
ALLEGE AND PROVE THAT HISTORIC DESIGNATION WOULD
CAUSE THE OWNER UNREASONABLE OR UNDUE ECONOMIC
HARDSHIP, PROVIDING CRITERIA, PROVIDING FOR A DIRECT
APPEAL FROM THE PRESERVATION OFFICER TO THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
("BOARD") AND FROM THE BOARD 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.
ENACTMENT NUMBER: 13777
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Note for the Record. For additional minutes referencing Item SR.4, please see
"Public Comment Period for Regular Items. "
Chair Hardemon: Can you please read in --SR. 4 into the record, please?
Victoria Mendez (City Attorney): Thank you, Chairman.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardemon: Is there a motion?
Commissioner Reyes: Yes, and -- I move it, but I would like to have just a minor
change, which said, "all residential property owners, " because after hearing all the
horror stories that some people -- that they are very -- I mean, at the cost that
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includes it. The only thing that it's going to add, the people that own property
(UNINTELLIGIBLE).
Commissioner Gort: Second.
Ms. Mendez: Right. So the change that Commissioner Reyes is advising is that we
will make sure that we take out the word "homestead," because based on some that
they'll be residential properties, because some of the persons that have come have
described that that other property that they have, in addition to their homestead, so
this is just expanding it to address that residential property that's not homestead
property.
Commissioner Reyes: If that creates a problem, let me make it more specific, T3-0
duplexes. That's it.
Vice Chair Russell: To include T3-0 duplexes, even though they wouldn't be
homesteaded. I have a suggestion, if I may, Commissioner.
Commissioner Reyes: Yes, sir.
Vice Chair Russell: And I recognize what you are working to accomplish here, and I
thank you for it, because this has not been a painless process. Of the 51 folios that
were looking to be designated by the department, many of them were excluded. It
ended up being 35 at the end; several of which would now like to appeal, and I think
that's all part of the organic process of designation, although I recognize the
difficulty they're going through in this. What I'm -- and I shook your hand in our
sunshine meeting with regard to waiving these fees, because I see that as well.
Here's the issue I have, and maybe I have a recommendation that could help. Please
just keep an open mind. Maybe this works; maybe it doesn't. Because by utilizing
the hardship mechanism, we're creating an avenue for potential sympathy for those
who might not be able to afford this process, that it's a hardship, but the wording of
the ordinance actually doesn't refer to that. There's nowhere that we're actually
measuring the person's monetary potential or income or ability. This is strictly
about the potential financial hardship of designation on the property, and pretty
much, anyone could claim that. They could say that, If I get designated, I can't
demolish and build something two or three times as big, so I am limited in my
financial ability, and that is a hardship. " I think that's a slippery slope that we
might be able to avoid by just saying, all appeals by anyone, homesteaded or not --
all appeals for someone who is involuntary designated -- meaning, where they are
not the applicant -- would be waived, and notification fees as well. And the reason
for that would be take the hardship out of the conversation, because now we're
taking the burden off of the CD (Community Development) Department, of -- on
Historic, and then us to determine whether there is a hardship; where, really, this
isn't about sympathy towards the person's ability to pay. And so, this broadens it.
And this says, not only in the thematic designation, but also in the regular district
designation. Many people get swept up who don't want to be swept up; this allows
them to appeal without fees. The burden would be on us. If we're trying to impose
this upon them and they don't want it, we should allow them an audience to get out of
it without paying the inordinate fees, and I understand where you're going.
Commissioner Reyes: That's precisely what I want. I want everybody to have the
ability to appeal without any cost. And by -- I think that what Vice Chairman is
saying is precisely that; anybody that has been -- that has not been asked if -- or they
don't voluntarily wants to be declared historic, they have the ability to appeal
without cost; is that right, sir?
Vice Chair Russell: Yes. Is that something --
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Commissioner Reyes: Okay, I accept that.
Vice Chair Russell: -- that could be amended to this or would it be a different --?
Commissioner Gort: No, (UNINTELLIGIBLE).
Vice Chair Russell: I think Francisco had some opinions on this, perhaps.
Commissioner Gort: You can amend it.
Mr. Garcia: So as I've discussed previously, the reason why I think this particular
ordinance works very well is, in the end, it creates a rebuttable presumption. So
there will be information provided by the applicant, indicating how it is that they are
being put upon or that there is a hardship associated with the designation of the
property, and that then can be informed by both the Department of Community
Development and the Department of Planning, the Historic Preservation Office, and
that is going to be considered first by the Historic and Environmental Preservation
Board, and it remains -- it rides with the application as a rebuttable presumption
and travels all the way to the City Commission on appeal. Thus, the presumption is
that that particular property owner has the ability to appeal the ruling of the HEP
(Historic and Environmental Preservation) Board to the City Commission. In that
regard, we believe that there is no harm done. All the City Commission will have to
do is either reaffirm the decision of the HEP Board or overturn it, as the case may
be.
Vice Chair Russell: But by removing the hardship portion and saying, anyone who
is not the applicant who would like to appeal, we're -- and maybe it wasn't you that I
spoke with about this; maybe it was the City Attorney with regard to how to amend
the Commissioner's legislation without slowing down -- because I know that this
affects a lot of people in a current situation, so we're not trying to create a new first
reading, we're not trying to stall this, I think, but we're trying to broaden it maybe in
a way that -- or narrow it in a sense by eliminating the hardship portion so that
anyone who is designated, let's say, against their will or without them being the
applicant, has the ability to appeal without fees, and that the City would carry that
burden and the notification burden.
Commissioner Reyes: I accept.
Vice Chair Russell: Okay. So that would also eliminate the process that's mentioned
in the ordinance with regard to going to Commission first, and this and that. It
simply allows a free appeals process for anyone who's designated against their will.
Commissioner Reyes: Commissioner Gort.
Commissioner Gort: And this (UNINTELLIGIBLE) --
Chair Hardemon: So my question then becomes, if a homeowner appeals, under
what grounds then does he have to fight the designation?
Mr. Garcia: It's a de novo hearing before you. They will present essentially the
same evidence that was presented to the Historic & Environmental Preservation
Board. The Preservation Oyce will make the same presentation to you, and you will
then decide.
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Chair Hardemon: And under the process that was being created by the ordinance
before the Commissioner agreed to, accepting the amendment, what would have
been brought before us?
Mr. Garcia: That process would require the affected property owner to produce
additional information, additional evidence that would substantiate their claim that
they are somehow being put upon by the process.
Chair Hardemon: But they're still -- so would our decision be -- as a board, would
we be deciding whether or not they have a hardship, or would we be deciding
whether or not the designation was proper?
Mr. Garcia: Ultimately, the designation is to be decided upon by the merit of the
application, with due consideration to any hardship. That's what the ordinance that
I saw previously provided for.
Chair Hardemon: So where do -- well -- okay. Commissioner Gort, you had
something?
Commissioner Gort: My understanding, we're going to set criterias [sic] for
definition of the burden of the individual; the individual will have to come in front of
us and present a reason why they don't believe they should be -- Now, this is only on
historic designation. This is the only where it's going to apply, then. I'll second the
motion -- the amendment.
Commissioner Reyes: Can I ask him a couple questions?
Frank Schnidman: Yes.
Commissioner Reyes: Yes. You asked me that -- you wanted to -- you have a
comment on this?
Mr. Schnidman: Yes, sir.
Commissioner Reyes: Because you've been working hard on it.
Mr. Schnidman: Thank you very much.
Commissioner Reyes: Sure.
Mr. Schnidman: My name is Frank Schnidman. I live at 1858 Northeast 34th Street,
in Fort Lauderdale. I represent 16 of the appeals, and I noticed we -- and I support
what Commissioner Russell is proposing. He uses a number 35 for the properties
that were designated, but yet, there are 53, if you look at the list that the applicant,
the City; the HEP Board, and the staff came up with, because, again, they have, in
effect, said that each half of a duplex is a separate item, and we have to pay a $525
fee for each half of a duplex, and send out duplicate notices. We were originally told
that the 15 -day period was going to be the beginning of the month. Think about this:
Why would you continue to terrorize these law-abiding citizens?
Commissioner Reyes: Sir?
Vice Chair Russell: I think we went through this.
Commissioner Reyes: Sir, we went through this --
Mr. Schnidman: Okay, okay.
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Commissioner Reyes: -- and --
Mr. Schnidman: I just --
Commissioner Reyes: -- but my question is, this will do away with what's going on
now.
Mr. Schnidman: Let me --
Commissioner Reyes: Yes. That is enough, sir. Thankyou very much.
Mr. Schnidman: Can I just suggest the language? I actually have the language that
you would use --
Ms. Mendez: Are you asking for the fees to be waived, the appellate fees? Is that
what you're asking for?
Commissioner Reyes: That's what I --
Ms. Mendez: Commissioner Reyes --
Commissioner Reyes: That's right. I --
Ms. Mendez: -- separate from this ordinance --
Commissioner Reyes: Absolutely.
Ms. Mendez: -- is going to propose, under 62-25, that for these -- this cluster of
homes that has come in during this period -- because the City was the applicant,
technically --
Commissioner Reyes: That's it.
Ms. Daly: -- that we will be suggesting to the Commission, through a resolution, to
waive those fees, but that's separate from this. So you'll have to just wait for him to
proffer that.
Commissioner Reyes: And it's going to be taken care of. Thank you, sir.
Mr. Schnidman: Would that be done because of the appeal period that will be
running?
Ms. Mendez: It --first, they're dealing with this item, and then Commissioner Reyes
is proposing a separate resolution so that -- because I believe the appeal period is
today or something. It ends today?
Mr. Schnidman: It's the 1st, and they've --
Ms. Mendez: Okay.
Mr. Schnidman: -- they may have -- yeah.
Ms. Mendez: So let's wait for them to dispose of this ordinance first, and then he'll
be bringing up that. Okay? Thank you.
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Chair Hardemon: All right. The item has been moved and seconded. It's been
modified. Is there any further discussion on the item, SR.4? Hearing none, all in
favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
END OF SECOND READING ORDINANCES
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FRA
ORDINANCE First Reading
4365
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Commissioners
AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE
and Mayor
PARTICULARLY BY AMENDING SECTION 55-15, ENTITLED
"VACATION AND CLOSURE OF RIGHTS-OF-WAY AND PLATTED
EASEMENTS BY PLAT," AND SECTION 55-16, ENTITLED
"CONSIDERATION OF EASEMENTS AND ALLEYS WHEN
ALLEGED TO BE ABANDONED AS A MATTER OF LAW", TO
REQUIRE THAT SUBDIVIDERS OBTAIN CONFIRMATION FROM
THE CITY OF MIAMI ("CITY") AS TO WHETHER THE CITY
UTILIZED ANY FUNDS, INCLUDING RESTRICTED FUNDS, TO
IMPROVE THE RIGHT-OF-WAY PROPOSED TO BE
VACATED/CLOSED OR ABANDONED AND TO REQUIRE THE
EXPENDITURE OF ANY RESTRICTED CITY FUNDS UTILIZED
FOR THE IMPROVEMENTS OF THE RIGHT-OF-WAY BE REPAID
TO THE CITY IN ORDER FOR A RIGHT-OF-WAY TO BE
VACATED/CLOSED OR ABANDONED; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item FR.] was deferred to the September 13, 2018, Regular
Commission Meeting.
For additional minutes referencing Item FR.], please see Item RE.19.
Chair Hardemon: Commissioner Carollo, I would like for FR.1 -- I had some
further looking into FR.1 that I want to have. I was wondering if we could continue
this to our next meeting.
Commissioner Carollo: Let me see what FR.1 is. Okay, this is --
Chair Hardemon: It's the alleyway.
Commissioner Carollo: Okay, that's fine.
Chair Hardemon: That's fine?
Commissioner Carollo: Yeah; defer, next meeting.
Chair Hardemon: The motion has been made by Commissioner Carollo, seconded
by the Chair. All in favor; say "aye. "
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The Commission (Collectively): Aye.
Chair Hardemon: Thank you very much.
Todd B. Hannon (City Clerk): Chair, can you restate that? I didn't hear.
Chair Hardemon: It was a deferral to the next meeting for FR. 1.
Vice Chair Russell: FR.].
Mr. Hannon: Understood. The mover and seconder was?
Chair Hardemon: Commissioner Carollo; seconded by the Chair.
Commissioner Carollo: Sure.
FR.2 ORDINANCE First Reading
4403 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
Commissioners FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
and Mayor "BUILDINGS/IN GENERAL," MORE PARTICULARLY BY
AMENDING SECTION 10-4 OF THE CITY CODE, ENTITLED
"BUILDING PERMIT FEE SCHEDULE," TO PROVIDE TEMPORARY
CERTIFICATE OF OCCUPANCY FEES FOR A PHASED PROJECT;
PROVIDING 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:
Manolo Reyes, Commissioner
AYES:
Hardemon, Russell, Gort, Reyes
ABSENT:
Carollo
Chair Hardemon: All right. Can you read into the record FR.2, please?
Victoria Mendez (City Attorney): FR.2? I think the Chairman said FR.2? I'm sorry.
FR.2.
Commissioner Gort: FR.2, yes.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: This item was sponsored by Commissioner Gort, and the
Administration will briefly mention why.
Jose Camero: Good afternoon. Jose Camero, Building Director. The process that
we have right now does not accommodate large buildings, large construction, where
the CO (Certificate of Occupancy) is phased; so therefore, this gives you an avenue
to be able to phase the TCOs (Temporary Certificates of Occupancy) for the a period
of two and a half years without having to pay extraordinary fees. Any questions?
Chair Hardemon: Any discussion about this?
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Commissioner Gort: Move it.
Chair Hardemon: Been properly moved. Is there a second?
Commissioner Reyes: Second.
Chair Hardemon: It's been properly moved and seconded. All in favor of the
motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
FR.3
ORDINANCE First Reading
4407
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Office of the City
AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID
Attorney
WASTE," BY AMENDING SECTION 22-1 OF THE CITY CODE TO
ADD A DEFINITION FOR "CITY'; AMENDING SECTION 22-14 OF
THE CITY CODE TO PROVIDE THE CITY MANAGER MAY
ADDITIONALLY AUTHORIZE THE COLLECTION OF SOLID
WASTE BY COMMERCIAL SOLID WASTE COLLECTORS;
AMENDING SECTION 22-46 OF THE CITY CODE TO PROVIDE
THAT THE CITY MANAGER MAY ADDITIONALLY GRANT OR
RENEW FRANCHISES SUBJECT TO CHAPTER 22; AMENDING
SECTION 22-47 OF THE CITY CODE TO PROVIDE THAT
APPLICATIONS FOR A FRANCHISE MAY BE RECOMMENDED
FOR APPROVAL TO THE CITY COMMISSION OR THE CITY
MANAGER; FURTHER AMENDING SECTION 22-56 OF THE CITY
CODE TO PROVIDE THAT ISSUANCE OF A FRANCHISE MAY BE
APPROVED BY THE CITY COMMISSION OR BY THE CITY
MANAGER; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item FR.3, please see "Order of the
Day. "
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FRA
ORDINANCE First Reading
4493
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Commissioners
AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND
and Mayor
MISCELLANEOUS BUSINESS REGULATIONS," CREATING
ARTICLE IV, ENTITLED "SHOPPING CARTS," REQUIRING THE
MAINTENANCE OF A SYSTEM TO RETAIN SHOPPING CARTS
WITHIN THE PREMISES OF RETAIL OR WHOLESALE
ESTABLISHMENTS AND THE COLLECTION OF SHOPPING
CARTS FOUND TO BE OFF PREMISES AND ON PUBLIC
PROPERTY BY THE CITY OF MIAMI ("CITY"), MORE
PARTICULARLY BY ESTABLISHING DEFINITIONS, PROVIDING
FOR THE ADMINISTRATION OF THE PROGRAM AND
ENFORCEMENT, METHODS OF COMPLIANCE, IDENTIFICATION
MARKINGS ON CARTS, VIOLATIONS, UNCOLLECTED CARTS,
EXEMPTIONS, REMOVAL, STORAGE, AND DISPOSAL OF CARTS
FOUND ON PUBLIC PROPERTY; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Manolo Reyes, Commissioner
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
Chair Mardemon: Can you please read into the record FR. 4?
Victoria Mendez (City Attorney): FR.4.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: This is sponsored by Commissioner Reyes.
Commissioner Reyes: Yes. Through the Chair, I think that everybody that lives in
the City of Miami had witnessed shopping carts littering our streets, sometimes in
the middle of the streets. And I had a lot of complaints from residents, and it --
delinquent; that is besides, I mean, looking horrible, presents the hazard.
Sometimes, automobiles hit them and I've seen people trying to get away from and
they have swave [sic], and get away from the shopping carts. And I think that it is
the responsibility of the merchants to send a truck -- send somebody to pick them up,
or to install those devices that they cannot leave the parking lot, because I think that
our City -- there are some people that they have very bad habits, and they litter our
City with trash that they throw out of their windows or out of their home. And to
have additional littering with shopping carts -- and I think that this could bring a
little bit more order, and try to keep the shopping carts where they are in the
businesses.
Chair Mardemon: I took that as a --
Commissioner Reyes: Yes, sir.
Chair Mardemon: -- motion and --
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Commissioner Gort: I'll second for discussion.
Chair Hardemon: -- seconded by Vice -- by Commissioner Gort. Commissioner
Gort, you're recognized, and then the Vice Chairman.
Commissioner Gort: Well, this is a problem that we have all over the City of Miami.
A lot of the individuals don't drive to the market or wherever they go and they take it
back home, and they leave it right in front of the house. My understanding is a lot of
the property owners -- not the property owners, but the merchants within the area
have trucks that go out and pick them up. At the same time, I think that has become
a business. At this time, you had people picking them up and then sell it back to the
different markets or the different individuals. Now, my understanding was one of the
problems that the Planning Department, they were discussing was someone from
Code Enforcement -- They have a shop [sic] from Walgreen, who do they take it to?
Well, it's got to be a circle, more or less, but close to the --
Commissioner Reyes: Yes, sir.
Commissioner Gort: -- Walgreens, where they should be responsible. I'll do it on
first reading. I'll move it with you, but I need to get together -- we need to get
together with the merchants --
Commissioner Reyes: That's right.
Commissioner Gort: -- and see what they can come up with.
Commissioner Reyes: Absolutely. I --now, this is just a start; it's only first reading.
And I'm looking forward to work with the Administration in trying to develop, you
see, a system that is workable and it is just, you see. But we got to do something
about it, and my intention is to try to get -- take this first step towards trying to
correct this, you see. And I'm looking forward working with the Administration and
-- in how to implement this, and how we can benefit all the neighborhoods, and
(UNINTELLIGIBLE).
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Thank you very much. So this would be managed by Code
Enforcement, if I'm not mistaken, correct? When they find a cart --?
Fernando Casamayor: Yes. Good afternoon. Fernando Casamayor, Assistant City
Manager. As it's written, yes, we would have Code Enforcement go out there to
identify carts, and try to figure out where they belong. Currently, we have our NET
(Neighborhood Enhancement Team) Office that actually goes out --
Commissioner Reyes: Absolutely.
Mr. Casamayor: -- and picks some of these up sometimes. And so, this is something
that is a problem, and I agree with the Commissioner that this is a problem citywide.
And I look forward to working with the Commissioner, with Code, and NET --
Commissioner Reyes: And NET. We have to incorporate --
Mr. Casamayor: -- as well, to try to figure out the best way to possibly make some
changes to this between first and second reading so that we can actually implement a
program that works.
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Vice Chair Russell: So a lot of times, when you find one of these carts, it may not be
abandoned; it may actually be someone's home. A lot of homeless individuals sort of
adopt these carts, and they move their belongings around in them. I'd like to study
how this would -- how this -- if this enforcement would kick in -- Does this affect a
person who has a cart? And do we have anywhere in our Code right now that the
police can take action on someone who has a shopping cart?
Ms. Mendez: Vice Chairman, just so that you know, in Florida Statute, it is a crime
to have a shopping cart, as it is a milk crate and other -- they're -- it's a crime. So
they could be -- Unfortunately, a little old lady and a shopping cart could be
arrested.
Vice Chair Russell: And that's a Florida Statute, not --
Ms. Mendez: Yeah.
Vice Chair Russell: -- a City Code issue? So --
Ms. Mendez: So this shouldn't -- I mean, it wouldn't affect that because --
Vice Chair Russell: It wouldn't change that, but it has -- it --
Ms. Mendez: -- right, because it's already a crime.
Vice Chair Russell: -- it's already having an effect. And the Chairman and I worked
on something back in February of last year to see that these sorts of crimes became a
civil citation rather than a jail -able offense. And I would love to get some analysis
since then on if we've changed our practice with regard to arresting individuals who
have a shopping cart or a milk crate versus a civil citation, because I really believe
that's an overuse of our police resources. It's putting people in the jail system that
don't need to be, and it's -- they're both a bit of a ridiculous law in my mind.
Commissioner Reyes: And Mr. --
Chair Hardemon: Could have been my first arrest, because we always used milk
crates for basketball hoops in my neighborhood.
Commissioner Reyes: That's right. That's a crime. Mr. Vice Chairman,
Commissioner, and this doesn't have the intention of -- that I do understand that --
particularly in my neighborhood, you see, people that live -- they are elderlies. They
go to a Sedano's or they go any other place and they bring -- they don't have those
carts that they can pull. They bring the shopping cart. I don't want them to be
arrested. And if the merchant allows them to take them --
Vice Chair Russell: You're right.
Commissioner Reyes: -- they should be responsible for picking them up. That's the
only thing that I'm saying; that the person that is --
Vice Chair Russell: I'm supporting it, as is.
Commissioner Reyes: -- you see, it doesn't have any intention to do that. Okay?
Chair Hardemon: All right. Any further discussion?
Commissioner Gort: One suggestion is make sure that the property owner -- or the
merchant do put a label to --
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Commissioner Reyes: Absolutely.
Commissioner Gort: -- they can readily define who they come -- where they come
from.
Commissioner Reyes: We can -- that could be incorporated when we talk. And I
welcome any input from any of the Commissioners, you see, in order to make this
workable, and make it effective.
Chair Hardemon: All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
END OF FIRST READING ORDINANCES
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I z1;&1911110111110Cki&I
REA
RESOLUTION
4333
A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING
MOVER:
A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY")
Office of
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND
Management and
ENDING SEPTEMBER 30,2019; DIRECTING THE CITY MANAGER
Budget
TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-
DADE COUNTY PROPERTY APPRAISER AND THE MIAMI-DADE
COUNTY TAX COLLECTOR TOGETHER WITH THE DATES,
TIMES, AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE
CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE
RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL
YEAR.
ENACTMENT NUMBER: R-18-0333
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For additional minutes referencing Item RE.], please see
"End of Consent Agenda. "
Vice Chair Russell: Mr. Clerk, where are we? We've been jumping around a little
bit.
Todd B. Hannon (City Clerk): (INAUDIBLE) to address RE. 1, which is the setting of
the millage cap?
Vice Chair Russell: RE. 1, please.
Christopher Rose: Good evening, Commissioners. Chris Rose, Office of
Management and Budget. RE.1 is setting the millage cap, according to State law,
Chapter 200. It is the same flat overall millage as the current year; although, the
operating goes up and the debt goes down by .1 S mills. It also sets the dates for the
first and second budget hearing at September 13 and September 27; the same days
as the regular Commission meeting. I'll be happy to take any questions you have.
Commissioner Gort: Move it.
Vice Chair Russell: Need a motion?
Unidentified Speaker: Second
Vice Chair Russell: So you'll keep the flat rate? Thank you. There's been a motion;
seconded by the Chair. Any discussion from the dais on the millage?
Commissioner Reyes: On the millage, that's --
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Vice Chair Russell: Commissioner Carollo, you are recognized.
Commissioner Carollo: I just want to make sure that everybody understands that
once we approve this, we can't come back and raise it; we could only lower it. And
we certainly can't lower it --I wish we could --but it's not there. So once we do this,
any additional shortfalls that the Budget Director didn't see, we got to make up in
some other ways.
Vice Chair Russell: Thank you very much. Commissioner Reyes.
Commissioner Reyes: Yes. Have you computed -- decided what is going to be the
millage?
Mr. Rose: Sorry. Could you repeat that, sir?
Commissioner Reyes: That you have already established the millage that we going
to charge?
Mr. Rose: This is the millage that is proposed in the budget book --
Commissioner Reyes: That's right.
Mr. Rose: -- that you have before you, and this is the --
Commissioner Reyes: And it states, ' flat, " right?
Mr. Rose: It is overall flat.
Commissioner Reyes: It is overall flat?
Mr. Rose: The operating millage does go up --
Commissioner Reyes: Right.
Mr. Rose: -- the debt millage goes down.
Commissioner Reyes: But I want to --
Mr. Rose: The same people pay the same.
Commissioner Reyes: In order of transparency, I want people to know that it doesn't
mean that at the end, they're not going to pay a little bit more, because of the
increase in appraisal.
Mr. Rose: Yes, sir.
Commissioner Reyes: Okay. That the --
Commissioner Gort: The value of the property.
Commissioner Reyes: That's right. I mean, because I don't want them -- being
accused that we are raising the taxes. We are not raising anything, you see. We
keep the same millage rate, and if there is any increase in their tax bill, it is due to
increase in property value. That cannot go over 3 percent -- isn't that right? --
because of Save Our Home?
Mr. Rose: Yes, sir.
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Commissioner Reyes: And I want to make it clear. And also, also, if there is another
additional increase, it's due to the County increasing the taxes -- I mean, in order to
raise teachers'salary.
Mr. Rose: That'd be the School Board; yes, sir.
Commissioner Reyes: The School Board. Okay? So it's not any fault of us.
Commissioner Carollo: Did you ask for a raise?
Commissioner Reyes: I'm already retired, man. I retired the time that they're
raising the salary. I mean, see, that's my luck. I always get late. Okay. Is that
clear, sir?
Mr. Rose: Yes, sir.
Commissioner Reyes: I wanted to place it on the record because I don't want
anybody to --
Vice Chair Russell: Commissioner Reyes is not raising taxes.
Commissioner Reyes: Absolutely.
Vice Chair Russell: Noted.
Commissioner Reyes: Neither is Commissioner Russell. As a matter of fact, he
wanted to, but I said, "No."
Chair Hardemon: The property appraiser is, though.
Mr. Rose: I will restate one more time: The overall property tax millage rate will
remain the same from the current year to next year, Commissioners.
Chair Hardemon: But we had already passed that item.
Mr. Rose: No, sir; we have not passed this.
Chair Hardemon: You sure I didn't --? That's not one item that--?
Vice Chair Russell: No. You hada line next to it. I had aline next to it from you.
Chair Hardemon: Oh, yeah.
Vice Chair Russell: You said --
Chair Hardemon: RE.1. You're absolutely right. You're absolutely right. All right.
Mr. Rose: I know I haven't been here, sir, on this item.
Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion,
say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion carries.
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Mr. Rose: Thank you, Commissioners.
Chair Hardemon: Thank you. All right. I believe our morning agenda is completed.
Vice Chair Russell: It was a long morning.
RE.2
RESOLUTION
4371
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of
ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE
Management and
CITY OF MIAMI ("CITY") TO ISSUE TAX-EXEMPT SPECIAL
Budget
OBLIGATION BONDS IN THE EXPECTED NOT TO EXCEED
TOTAL MAXIMUM PRINCIPAL AMOUNT OF TWENTY-SEVEN
MILLION DOLLARS ($27,000,000.00) IN ORDER TO, AMONG
OTHER THINGS, REIMBURSE THE CITY FOR FUNDS
ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED
WITH RESPECT TO CAPITAL IMPROVEMENTS TO BE
UNDERTAKEN ON BEHALF OF THE CITY BY FLORIDA POWER
AND LIGHT, INC. FOR THE UNDERGROUNDING OF
TRANSMISSION FACILITIES WITHIN THE CITY'S LIMITS
("PROJECT") WHICH REPRESENTS THE CITY'S CONTRIBUTION
TO THE COST OF THE PROJECT IN ACCORDANCE WITH CITY
COMMISSION RESOLUTION NO. R-17-0392 ADOPTED ON JULY
27,2017; ESTABLISHING CERTAIN RELATED DEFINITIONS OF
TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL
ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH
THE CITY ATTORNEY, BOND COUNSEL, FINANCIAL ADVISOR,
CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET
DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS,
EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY
MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR
PURPOSES OF SECTIONS 103 AND 141-150 OF THE U. S.
INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER
AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI-
YEAR CAPITAL PLAN, AS NECESSARY.
ENACTMENT NUMBER: R-18-0334
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.2, please see "End of
Consent Agenda. "
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RE.3
RESOLUTION
4349
A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING
A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN
Downtown
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA
Development
("DDA") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018
Authority
AND ENDING SEPTEMBER 30,2019; AUTHORIZING THE
EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE
RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER
AND TAX COLLECTOR TOGETHER WITH THE DATE, TIME, AND
PLACE OF THE PUBLIC HEARING AT WHICH THE CITY
COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE
AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR.
ENACTMENT NUMBER: R-18-0335
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.3, please see "End of
Consent Agenda. "
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REA RESOLUTION
4336 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED, MAY 31,
Improvements 2018, PURSUANT TO INVITATION TO BID ("ITB") NO. 17-18-018,
FROM V ENGINEERING & CONSULTING CORP., A FLORIDA
PROFIT CORPORATION ("V ENGINEERING"), THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH V
ENGINEERING, IN SUBSTANTIALLY THE ATTACHED FORM,
CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS,
TO PROVIDE CONSTRUCTION SERVICES FOR THE MARY
BRICKELL VILLAGE DRAINAGE AND ROADWAY
IMPROVEMENTS AND SOUTHWEST 1ST AVENUE MILLING AND
RESURFACING, OFFICE OF CAPITAL IMPROVEMENTS ("OCI")
PROJECT NOS. B-30637 AND B-30833, IN THE AMOUNT OF
$1,163,340.99 FOR THE SCOPE OF WORK, PLUS A TEN
PERCENT (10%) OWNER'S CONTINGENCY ALLOWANCE IN THE
AMOUNT OF $116,334.09, FOR A TOTAL NOT -TO -EXCEED
AWARD VALUE OF $1,279,675.08; ALLOCATING FUNDS FROM
THE OCI PROJECT NOS. B-30637 AND B-30833; 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 ("CITY")
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-18-0336
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Manolo Reyes, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.4, please see "End of
Consent Agenda. "
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RE.5
RESOLUTION
4337
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital
ATTACHMENT(S), ACCEPTING THE BID RECEIVED APRIL 11,
Improvements
2018, PURSUANT TO INVITATION TO BID ("ITB") NO. 17-18-019,
FROM V ENGINEERING & CONSULTING CORP. ("V
ENGINEERING"), THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER AFTER A BEST AND FINAL OFFER;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH V ENGINEERING, IN SUBSTANTIALLY THE
ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND
ATTACHMENTS, TO PROVIDE CONSTRUCTION SERVICES FOR
THE GROVE PARK ROADWAY AND WATER MAIN
IMPROVEMENTS — D3 - PROJECT NO. B-40347, IN THE AMOUNT
OF $1,573,500.00 FOR THE SCOPE OF WORK, PLUS AN
OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF
$89,582.82, FOR A TOTAL NOT -TO -EXCEED AWARD VALUE OF
$1,663,082.82; ALLOCATING FUNDS FROM THE OFFICE OF
CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-40347;
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 ("CITY")
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-18-0337
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.5, please see "End of
Consent Agenda. "
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RE.6
RESOLUTION
4359
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital
ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE
Improvements
PROFESSIONAL SERVICES AGREEMENTS WITH HNTB
CORPORATION, A FOREIGN PROFIT CORPORATION (HNTB ),
AND KIMLEY-HORN AND ASSOCIATES, INC., A FOREIGN
PROFIT CORPORATION ("KIMLEY-HORN"), FOR THE
PROVISION OF TRANSPORTATION PROGRAM SUPPORT
SERVICES, FOR ADDITIONAL WORK IN AN AMOUNT NOT -TO -
EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING
THE TOTAL COMPENSATION LIMIT FROM $500,000.00 TO AN
AMOUNT NOT -TO -EXCEED $1,000,000.00 EACH; ALLOCATING
FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT
PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
PSA WITH EACH FIRM, IN SUBSTANTIALLY THE ATTACHED
FORM; 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-18-0338
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE. 6, please see "End of
Consent Agenda. "
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RE.7 RESOLUTION
4428 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON JUNE 6,
Improvements 2018, PURSUANT TO INVITATION TO BID ("ITB") NO. 17-18-029,
FROM R&G ENGINEERING, INC., A FLORIDA PROFIT
CORPORATION ("R&G"), THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH R&G, IN SUBSTANTIALLY THE
ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND
ATTACHMENTS, TO PROVIDE CONSTRUCTION SERVICES FOR
THE OVERTOWN GREENWAY AT NORTHWEST 11TH TERRACE
— PHASE 2, PROJECT NO. B-30624, IN THE AMOUNT OF ONE
MILLION EIGHT HUNDRED FOUR THOUSAND SIX HUNDRED
SIXTY SEVEN DOLLARS AND SEVENTY NINE CENTS
($1,804,667.79) FOR THE SCOPE OF WORK, PLUS AN OWNER'S
CONTINGENCY ALLOWANCE IN THE AMOUNT OF ONE
HUNDRED EIGHTY THOUSAND FOUR HUNDRED SIXTY SIX
DOLLARS AND SEVENTY SEVEN ($180,466.77), FOR A TOTAL
NOT -TO -EXCEED AWARD VALUE OF ONE MILLION NINE
HUNDRED EIGHTY FIVE THOUSAND ONE HUNDRED THIRTY
FOUR DOLLARS AND FIFTY SIX CENTS ($1,985,134.56);
ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL
IMPROVEMENTS ("OCI") PROJECT NO. B-30624; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
PRIOR ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY
APPROVALS HAVING BEEN MADE, AND IN COMPLIANCE WITH
ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE
CITY OF MIAMI'S PROCUREMENT ORDINANCE, THE ANTI-
DEFICIENCY ACT, AND THE FINANCIAL INTEGRITY
PRINCIPLES, ALL AS SET FORTH IN THE CITY CODE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN
COMPLIANCE WITH ALL APPLICABLE RULES AND
REGULATIONS, AS MAY BE REQUIRED FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0339
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE. 7, please see "End of
Consent Agenda. "
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RE.8 RESOLUTION
4431 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office of Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON JUNE 6,
Improvements 2018, PURSUANT TO INVITATION TO BID ("ITB") NO. 17-18-022,
FROM FLORIDA ENGINEERING AND DEVELOPMENT CORP., A
FLORIDA PROFIT CORPORATION ("FLORIDA ENGINEERING"),
THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH FLORIDA ENGINEERING, IN
SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE
ITB DOCUMENTS AND ATTACHMENTS, TO PROVIDE
CONSTRUCTION SERVICES FOR THE DOWNTOWN MIAMI
SIGNAGE AND WAYFINDING SYSTEM, PROJECT NO. B-30941,
IN THE AMOUNT OF ONE MILLION FIVE HUNDRED FORTY FIVE
THOUSAND NINE HUNDRED FORTY DOLLARS AND FIFTY
CENTS ($1,545,940.50) FOR THE SCOPE OF WORK, PLUS AN
OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF
ONE HUNDRED FIFTY FOUR THOUSAND FIVE HUNDRED
NINETY FOUR DOLLARS AND FIVE CENTS ($154,594.05), FOR A
TOTAL NOT -TO -EXCEED AWARD VALUE OF ONE MILLION
SEVEN HUNDRED THOUSAND FIVE HUNDRED THIRTY FOUR
DOLLARS AND FIFTY FIVE CENTS ($1,700,534.55); ALLOCATING
FUNDS, FROM THE OFFICE OF CAPITAL IMPROVEMENTS
("OCI") PROJECT NO. B-30941; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND EXTENSIONS, SUBJECT TO ALLOCATIONS,
APPROPRIATIONS AND BUDGETARY APPROVALS 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 ("CITY") PROCUREMENT ORDINANCE,
ANTI -DEFICIENCY ACT, AND THE 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-18-0340
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Reeord: For minutes referencing Item RE.8, please see "End of
Consent Agenda. "
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RE.9 RESOLUTION
4296 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH
Department of ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF LEAD
Police FREE, ZINC AND OTHER AMMUNITION FROM TWO (2)
SUPPLIERS, NPEE L.C, A FLORIDA LIMITED LIABILITY
COMPANY, D/B/A NATIONAL POLICE AMMUNITION ("NPEE"),
AND LAWMEN'S AND SHOOTERS' SUPPLY, INC., A FLORIDA
PROFIT CORPORATION ("LAWMEN"), FOR THE MIAMI POLICE
DEPARTMENT ("POLICE"), PURSUANT TO SECTION 18-111 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), UTILIZING THE COMPETITIVELY SOLICITED AND
EXISTING VILLAGE OF INDIAN CREEK, FLORIDA ("INDIAN
CREEK") CONTRACT INVITATION TO BID ("ITB") NO.
2017.5.18AB, EFFECTIVE THROUGH MAY 23, 2020, USING
FUNDS FROM POLICE GENERAL OPERATING ACCOUNTS NO.
00001.191501.667000 AND 00001.190101.667000; SUBJECT TO
ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT
CONTRACTS BY INDIAN CREEK; AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH
EACH SUPPLIER, IN SUBSTANTIALLY THE ATTACHED FORM;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
PRIOR ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY
APPROVALS HAVING BEEN MADE, AND IN COMPLIANCE WITH
ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING,
BUT NOT LIMITED TO, THE CITY OF MIAMI'S PROCUREMENT
ORDINANCE, THE ANTI -DEFICIENCY ACT, AND THE FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN THE CITY
CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE RULES AND
REGULATIONS, AS MAY BE REQUIRED FOR SAID PURPOSE.
ENACTMENT NUMBER: R-18-0341
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt
ADOPTED
Manolo Reyes, Commissioner
Joe Carollo, Commissioner
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.9, please see "End of
Consent Agenda. "
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RE.10
RESOLUTION
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
OF RESILIENCE AND PUBLIC WORKS ("DEPARTMENT");
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.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item RE.10 was deferred to the September 13, 2018, Regular
Commission Meeting.
For minutes referencing Item RE.10, please see "Order of the Day" and "End of
Consent Agenda. "
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REA 1
RESOLUTION
4358
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Real
ATTACHMENT(S), CALLING FOR A REFERENDUM SPECIAL
Estate and Asset
ELECTION TO BE HELD ON NOVEMBER 6, 2018, FOR THE
Management
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF
ABSENT:
THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR
DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT
QUESTION: "SHALL THE CITY ENTER INTO A 99 -YEAR LEASE
OF APPROXIMATELY 3.15 ACRES AT 444 SW 2 AVENUE WITH
WINNING BIDDER, LANCELOT MIAMI RIVER, LLC? LANCELOT
SHALL PROVIDE: DEVELOPMENT OF MIXED-USE RIVERFRONT
DESTINATION; NEW PUBLIC RIVERWALK AND OTHER PUBLIC
AMENITIES; ANNUAL RENT EQUAL TO THE GREATER OF
$3,620,000 INCREASED BY 1.5% ANNUALLY OR 3% OF GROSS
REVENUES; DESIGN AND DEVELOPMENT OF A NEW CITY
ADMINISTRATIVE BUILDING."; DESIGNATING AND APPOINTING
THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE
CITY COMMISSION WITH RESPECT TO THE USE OF VOTER
REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY
CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION
TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE
(45) DAYS PRIOR TO THE DATE OF SUCH REFERENDUM
SPECIAL ELECTION; PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE FOR THIS RESOLUTION.
ENACTMENT NUMBER: R-18-0324
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Joe Carollo, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
Note for the Record: For directive referencing RE.]], please see Item NA.4.
For additional minutes referencing Item RE.]], please see "Order of the Day" and
"End of Consent Agenda. "
Chair Mardemon: I'm going to transition back to the regular agenda and call an
item that was there for a time certain at 4 p.m. That item is RE. 11. MRC (Miami
Riverside Center) Building, 444 Southwest 2nd Avenue.
Daniel Rotenberg (Director, Department of Real Estate and Asset Management):
With your permission?
Chair Mardemon: You're recognized.
Mr. Rotenberg: Good afternoon, Commissioners. Daniel Rotenberg, Department of
Real Estate and Asset Management for the City of Miami. RE]] is a resolution of
the Miami City Commission, approving -- for the approval of the Miami City
Commission to have the MRC Project moved to the November ballot. The language
is included in the packet. I believe the winning bidder has a presentation to show
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what will be going on the site, and then we'll be available to answer any questions on
the facts, figures, and financials.
Mike Llorente: Good afternoon, Mr. Chair, Commissioners. Mike Llorente;
Llorente Heckler, offices at 801 Arthur Godfrey Road, and we represent the winning
bidder, Lancelot Miami River. I'm joined today by David Adler, Jonathan Raiffe and
Adam Nate, all from Lancelot Miami River. We're very pleased to be here today.
This is a big step in a process that started two and a half years ago, with the
issuance of two solicitations; one for the sale of the existing MRC property, and the
other for the construction of the new facility. For the last couple of years, we've
been working with your staff to develop a deal structure that would essentially allow
the City to move into a larger, more modern, more comfortable facility, while
placing no additional burden on City taxpayers. So the directive that we essentially
received from your City staff was to take the City from a 1985 station wagon and
into a brand-new vehicle, with all the modern trappings, and leave a little extra
money for the City. We feel we've been able to do that, working together with your
team and with your outside consultant. What's before you today is that proposed
financial structure. As part of our discussions with the City, we did pursue a number
of avenues to identify potential locations for the new facility. One of those locations
was on the Lancelot -owned property that's adjacent to the MRC. We've proffered
that as a possibility. We are certainly not wedded to that; that's ultimately a
decision for you, as the policymakers, to make, whether it's today or at some future
date. That, in essence, is not the item before you. What is before you is the financial
package that has been negotiated for the disposition of the MRC property, and we
believe that that financial package will generate more than sufficient revenue to pay
for the new facility and leave the City at the end of this transaction with tens of
millions of dollars in excess. So we have with us architects from the architectural
firm of Nichols Brosch, and with your indulgence, we'd like to make a very brief
presentation on what we have envisioned for the MRC property, should this be
placed on the ballot and ultimately be approved; and then, of course, we're available
for discussion and questions. Thank you, Mr. Chair.
Mr. Rotenberg: Just to add on, when this is all finished and questions are pretty
much done, we have the ballot language to read into the record, when we are ready
to, if we are ready to.
Chair Hardemon: RE. H.
Igor Reyes: Good afternoon. I'm Igor Reyes. I'm with the NBWW (Nichols Brosch
Wurst Wolfe) Firm, in Coral Gables, Florida, 161 Almeria. I took a few minutes just
to take you through our idea for the project. This is the site that you're looking at on
the screen. Really quickly, I want to point out that there are two sites; the site that's
being talked about, and there's a site that's already owned by Adler. We're
developing them together, because we really feel there's strength for both sites. If we
work together, the river site will get access to a nice urban corner, and vice -versa.
So we think they will work really well together, so we're trying to develop both sites
together and get them to work off of each other. Really quickly, just to go through
the access that's currently there. Obviously, off the river, we have an abundant
amount of access, but there's also pedestrian access from neighboring sites under the
bridges, and there's actually a stair that comes down from the Northeast 2nd Avenue
Bridge that comes down onto the site. There is somewhat of a limited vehicular
access to the site, which is basically from under the overpass of 95. What we're
looking at is trying to adjust that by having a corner of the Adler site to allow both
vehicular and pedestrian access onto the entire site.
Commissioner Carollo: Igor, can I --
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Mr. Reyes: Go ahead.
Commissioner Carollo: -- stop you for a second? I apologize, but the inlets that we
had in, you know, where you could put the slips that we have -- I think there's like
three of them there --
Mr. Reyes: Yeah.
Commissioner Carollo: -- are you filling some of them in or all of them in or--?
Mr. Reyes: Yeah, we're filling them in. We've spoken with the Miami River
Commission.
Commissioner Carollo: You know, I have no problem with that. That would make
more sense --
Mr. Reyes: Yeah.
Commissioner Carollo: -- that that would be done. In fact, that's what I always
thought that the City should have done if -- or should do -- if this doesn't go forward.
So I have no problem with that. But I don't know why others kept telling me we
couldn't do it when I knew we could do it. But --
Mr. Reyes: And it is a process, but we are replacing them with parallel --
Commissioner Carollo: -- okay.
Mr. Reyes: -- docking up against the edge of the property.
Commissioner Carollo: Yeah. That's the best use of that property that would make
the most sense.
Mr. Reyes: It allows -- you'll see it allows for a really nice continuous trail.
Commissioner Carollo: Sure, absolutely.
Mr. Reyes: If you allow me to get a closer look, you could see the river. We have
filled in those inlets. The Riverwalk is actually quite -- it undulates. It really creates
a more creative riverwalk than a straight sidewalk feel. The buildings are located --
the ones on the very far left, the lower left, is the office building, and the rest of the
buildings would be residential towers.
Commissioner Carollo: Okay. When you say, "the lower left," can you point it out?
Which is the office building that --?
Mr. Reyes: Let me see if I can. So it's -- if you go to the left, it's the one on the
bottom; it's the one that has the -- like a little scoop on the corner there. Sorry; it's
hard for me to --
Commissioner Carollo: This one here?
Mr. Reyes: It's this one right -- yeah, this one there.
Commissioner Carollo: That would be our office building if we go through with this,
right?
Mr. Reyes: Yes. It's just an option.
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Commissioner Carollo: I understand. What would this one be?
Mr. Reyes: That would be a residential tower.
Commissioner Carollo: Any other residential or --?
Mr. Reyes: Those are all residential, yeah.
Commissioner Carollo: How many units are you going to have in the three
residential towers? And in particular, there's two, the two waterfront that fall under
our land. The third that's off waterfront is your land, correct?
Jonathan Raiffe: Correct. We're looking at doing approximately 1.2 million square
feet on the Miami River site, the current MRC property. I'll be probably a little bit
over a million square feet of residential, and then the balance in retail and some
other uses.
Commissioner Carollo: Okay. That's good to have that, but what I'm more
interested in are the two condo towers in our present land that are riverfront.
Mr. Raiffe: Correct.
Commissioner Carollo: How many units are you planning on putting there?
Mr. Raiffe: Probably about a thousand units.
Commissioner Carollo: So it's about a hundred more than I was told; about 500 per
floor -- excuse me --per building?
Mr. Raiffe: Yes.
Commissioner Carollo: Okay. All right. The third that's not waterfront, how many
units is your property?
Mr. Raiffe: Approximately 300.
Commissioner Carollo: Okay. And the remaining site that's left, the office site that
would be ours, if we so decide to go there, approximately how many square feet of
land does that include? Approximately.
Mr. Raiffe: Point -- less than an acre -8_9.
.9.
Mr. Reyes: Yeah, yeah.
Commissioner Carollo: Okay. .8, .9, okay. All right. I'm sorry to have interrupted
you. One last question. Height on the two front towers on the river, in our land?
Mr. Raiffe: The currentplan is showing 60 -story towers on the two frontparcels.
Commissioner Carollo: Okay.
Mr. Raiffe: One 60; one probably in the 50s.
Commissioner Carollo: Yeah.
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Mr. Raiffe: The residential tower, we are looking at in the northeast corner is 36
stories, and that's a planned rental tower.
Commissioner Carollo: Okay.
Mr. Raiffe: And currently, we have a plan on our property to do a 463 -unit project
that we've put on hold in order to try to, you know, put this deal together with the
City --
Commissioner Carollo: Right.
Mr. Raiffe: -- to give the City the optionality.
Commissioner Carollo: The 436 is separate from the other one for 350 or so that
you mentioned, right?
Mr. Raiffe: Correct; that would be in lieu of doing the office building here. That
was a plan we had in place previously.
Commissioner Carollo: So in lieu of the office building, you're planning how many;
approximately 360?
Mr. Raiffe: In lieu of the office building -- we haven't looked at that, specifically.
Previous to doing this plan, we had done a plan for just our property, and we have a
fully approved permit set, and that was for a 463 -unit project on our property, which
totaled -- about a acre and a half is our current property. And then, for clarification,
the City's property is about 3.3 acres, I believe.
Commissioner Carollo: Okay. All right.
Mr. Rotenberg: About 3.15.
Commissioner Carollo: Thank you. I'll try not to interrupt you till you're done.
Thanks.
Mr. Reyes: Okay. So, actually, that was sort of what I was trying to get around to,
but I'm glad you asked all the questions you needed answered. So if we go to the
ground floor, this is really the --for us, the exciting part of the project. You'll see
that the entire ground floor is on the river. There's a 50- to 80 foot swath of land
that we're giving to this public realm, and then there's retail right behind it. And
then right behind that retail, there's parking, just for the public. The people that live
here and work here will not have access to this public parking. It's completely to the
public, so it's just for people that are coming onto the site to be at this particular
space. The two red lines that you see going along the river are the 50 foot setback,
and you can see that in some parts, we almost double it, and it goes up to 80 foot
setbacks. We wanted to make sure that this is a very successful riverwalk, so we
lined it with retail, so there's plenty of activity supporting it, and there's always a
huge variety of sidewalks and spaces that you can occupy. That round space is
actually a very important component, because it connects the office and the exterior
sidewalk; gives access -- anybody coming from the sidewalk has a point where they
can come to the center node and then go onto the riverwalk experience. The arrow
that you see on top, the dark arrow is a vehicular access, but it goes up to the second
floor. One of the things we decided right away was that any residences [sic] that
were living here, we were going to separate their experience, so there wasn't any
interruption, no -- you know -- fighting between who's public space and private
space, so we immediately dedicated the entire ground floor to this public experience.
And you can see here that everything that has a color is basically for that public
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realm. I wanted to really quickly speak of that riverwalk, because this right now is
what the Miami 21 has diagrammed, and what they require has a big 15- to 16 foot
circulation path with a passive zone, a transition zone, and then a safety zone up by
the water's edge. Immediately -- we're going to dedicate the entire 50 foot setback to
this walk. Obviously, we're going to take some of the internal square footage or
linear footage for cafes and the retail experience, but beyond that, we've gone to an
80 foot depth. And something we thought would be really nice was to add a
secondary passive zone closer to the water. Right now, the way it's detailed and
designed, there's a passive zone, and there's people on bikes, jogging, running,
whatever it is pass you before you can look into the river, so we caught that detail
and pushed it closer to the -- you still have the original one, but we pushed one
closer to the river for more meditative space. This is just a diagram to show you
how all that works. We could talk details, but just so you know that it all fits within
there. And then, there's a green open space. Right now, there's a 52 --
approximately 52, 000 square feet of open space that we have -- 53, 000 square feet,
so we've added to it. But beyond that, and more importantly, the way it's organized,
it's linear, it's consistent, it's backed up by retail. It's a much more successful
riverwalk, and it'll actually be conducive to connecting our neighbors, because it's
the same experience throughout, so once you enter our site, you have this
experience, and it's continuous all the way through, to get to the neighbor on the
other side of our site. These are just some quick images off of our model. So this
would be that idea from going to the sidewalk to the river. This would be a view,
and you could see off to the left there where the residential people come up, and
there's somewhat of a separation of use. This is our riverwalk, a closer look at it,
and this is an overhead look, and also, the look that the residences [sic] would have
once they get to their arrival, their ho -- their lobby; just a professional rendering of
what I just spoke through. You could seethe way our podium undulates, as opposed
to other podiums along the river. We really wanted to make a point of achieving
that, and this would be -- actually a great opportunity on the site is a stair that goes
from the bridge, so you don't have to go all the way down the bridge and then turn
back. You can just come straight off of the bridge. This was that look that I was
talking about where the building begins to express that it's close to the river. It
recalls images that we have of rivers and river walls, the way the water corrodes and
marks the edges of the river walls, and this is just a view looking up at the building.
And this is just a general look at the whole project, but you could see the way that
the towers hit ground is very soft, is very organic. It feels like it fits next to a river,
as if the buildings were being carved by the actual flow of water. And then, there's
the whole phasing of the potential office building. You could see the property that
Lancelot owns now, and we're developing. It can get completely developed without
interrupting the current Administration Building. Now, you have access to the
parking garage. You obviously have access to the park -- to the building, and you
have all that space still available while the phase one gets developed, which is the
office tower and the residential tower, the 360 -unit residential tower. And just a
look --that same idea from the street side. One of the positives is that the City now
has a really dominant -- the City building has a dominant, urban presence. It's right
on the street, has its own drop-off; really just has its presence in the City. And this is
-- we did look at the study that the City did about the office and the spaces, and the
adjacencies, and we did work with that study that (UNINTELLIGIBLE) made, and
briefly and quickly, it's a building that could really work here. Most of the building
is above I-95, so most of the building gets these really incredible views south, and
even get to see the bay. And then, we have a really strong presence on the street, so
we can place a lot of the public heavily -accessed departments lower in the building.
We can even use escalators to not clog up the elevator flow. But, like I said, it was a
quick study of what was already done, and we just placed it onto our site. That's a
quick presentation of what it's all about. We're obviously able to answer anything
you guys need.
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Mr. Llorente: And if I may, Commissioners, add just one clarifying note. Igor
focused quite a bit on the potential office building. This is an exercise that we
undertook to try to be helpful to the City. We certainly are not pushing or
advocating for this site as the location for the new building; that I know there are
different opinions on where the building should be, and we're certainly not intending
to take a position on that.
Chair Hardemon: Any discussion?
Commissioner Carollo: Yes; a lot of discussion. We had talked about a I percent
kicker that you were willing to give on all the sales. I'm looking for 2 percent
instead of I percent. I'm -- like to have a better feel on what that would bring from
the dollar and cent side, and I asked our director of DREAM (Department of Real
Estate and Asset Management) to see if you could give me an estimate, because at
the end, you might suffer more or less than we'll estimate now. It depends when you
go out in the market, and the conditions of the market at the time. But do you have
that estimate for me? And it seems there's a hundred more units in each tower than I
originally was told, but --
Mr. Rotenberg: It's --
Commissioner Carollo: -- so it should be a higher amount than I originally
calculated.
Mr. Rotenberg: Right. So I actually figured -- instead of the units, I figured off the
density of the square footage that's going to go up there with that 1.2 million square
feet. The average price of the units themselves, about $650 a square foot, which is
what I've been told, and I think that is the market right now here. So you're looking
at a total sellout of about $780 million for the 1.2 million square feet. 2 percent,
that's roughly $15.6 million; it's ballpark. Retail may go for a little bit less, a little
bit more, depending on where it is; and some of the units may change, also. But
$15.6 million is what I think we're targeting.
Commissioner Carollo: Okay. Which --15.6, approximately?
Mr. Rotenberg: Correct.
Commissioner Carollo: Which we are increasing it then by 7.9, almost $8 million
more. On the other site, if we would vacate it -- your site -- that now you can't build
anything, because part of the deal that's before us is that we could build there, you
originally, from what I heard before, was planning on building -- or could build up
to 463 units. Induce me into believing your number of what you estimate your profits
would be in those 463 units ifyou were to be able to build them there.
Mr. Adler: The delta between the 300 that you were told, and if that was added to
it?
Commissioner Carollo: Well, the -- what I'm saying is that if we decided that we did
not want to build in such a constrained area --
Mr. Adler: Correct.
Commissioner Carollo: -- our administrative building, and we would say to you,
"Okay, we don't want it built there, " you could go ahead and build your 463 -unit
tower that you originally were looking at. What do you estimate your profit would
be there as of today? And that could vary into the future; I understand that.
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Mr. Adler: We underwrite these properties to have an investment which is at a 7
percent yield. These are apartment buildings. Our family is in the apartment
building business; we're not looking to sell assets. But this is also not a risk-free
business, Commissioner.
Commissioner Carollo: I understand; nothing in life is.
Mr. Adler: We are not one who always maxes density or height, because there are
good economics; and so, depending on when that happens, the market -- it's hard to
put an exact number on what those additional 160 units could be.
Commissioner Carollo: Well, it's actually 463, because -- the whole 463, because --
Mr. Adler: I was just adding the 163 over the 300 you were first told.
Commissioner Carollo: Yeah, that I first thought. But, actually, you know, I was
figuring 350 to 400. That was the amount that I estimated you could build there,
because I was told that the two front units were going to be approximately 400 units
each. But, really, what matters is the density, how many square feet you're going to
build, because if you make smaller units, you'll have more apartments; if they're
bigger, you'll have less.
Mr. Adler: And that property, as you know, because we own it, is governed by
zoning and height, which is a little different than the property on --
Commissioner Carollo: I understand that. I fully understand that. So what you're
offering is 3,620, 000 that will increase by at least I and a half percent per year for
the life of the lease.
Mr. Rafe: Meaning after year five, I believe.
Mr. Adler: And the 3-6 is a minimum payment.
Commissioner Carollo: Yeah. And/or, what's greater.
Mr. Adler: Correct.
Commissioner Carollo: If you're getting in rent 3 percent, then that's greater. But
I'm confused at something. The two towers in the water, those are going to be
condos, or those are going to be apartments, also?
Mr. Adler: The plan today is the thought they would be two condominiums.
Commissioner Carollo: Condominiums, okay. That's what I thought; that's why it
was thrown out.
Chair Hardemon: Let me have a question about that.
Commissioner Carollo: Yeah.
Chair Hardemon: So the City maintains ownership; we just have a 99 year lease --
Commissioner Carollo: Yeah.
Chair Hardemon: -- but you will build condominiums; condominiums will be, of
course --
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Mr. Adler: Commissioner, we would exercise the purpose -- purchase option before
that tookplace.
Chair Hardemon: So you would exercise it immediately; is that what you're
describing? Like -- or you're saying, you know, 50 years down the line, 75 years,
you would --
Mr. Adler: No. Those condominium buildings would not be able to be built unless
that option was exercised.
Mr. Llorente: Mr. Commissioner -- Mr. Chair, if I may, just to offer some additional
clarification, this negotiation has lasted a long, long time. One of the things that we
put out there to the City was that we were willing to purchase this outright at the
very beginning. However, that creates certain challenges for the City, because if we
pay the appraised value of $69.4 million for that building, and take possession of it
today, but the City remains therefor a period of three years while the new facility is
being constructed, we would have to make some return on that, so the City would, in
essence, have to pay rent. So the way that this was structured was as a long-term
lease with a purchase option. And so, we would begin at the very earliest stage by
making a $3.6 million payment to the City over two years, and that's during the
construction period for the new facility. And so, we structured it so that the Adler
team, Lancelot Miami River, would essentially front some of the money for the City
to cover predevelopment costs, and then once the City moves over to the new
building and we assume possession, we start making the payments of $3.6 million, up
until the point where we exercise the option to purchase. We, in full transparency,
anticipate that we will exercise --
Mr. Raiffe: (INAUDIBLE).
Mr. Llorente: -- right. We fully anticipate that we will exercise that option several
years after assuming possession. The way the deal is structured is that once we
exercise that option, we will write a check to the City for $69.4 million. We will not
get any credit for the approximately $15 million that we are anticipating we will
have paid the City up to that point in $3.6 million. So the City will keep about $15
million in rent payments; plus the 69.4 million -dollar -purchase payment, when we
exercise the option; plus the City negotiated a I percent transaction fee, for lack of a
better term; meaning that any capital event, any sale of any condo or other asset that
we build on that site, the City will get I percent, and that's what the Commissioner
was discussing earlier and --
Chair Hardemon: (UNINTELLIGIBLE).
Mr. Llorente: -- exploring going up to 2 percent, right. So we expect that the City,
at I percent, would get about seven and a half million dollars; of course, if that's
modified, if it's doubled, it would be $15 million. So in essence, we expect to
exercise the option to purchase, and we fully expect that the City at that point will
have been paid well more than market for the property.
Commissioner Carollo: Would you contemplate not buying us out at some point into
the future, and just leaving it for the 99 years at the 3 million -620, plus the I and a
half percent guaranteed increase; however, if it's greater than 3 percent, we get
whatever is higher? In other words, instead of having that option that you could buy
us out, that we -- that option would only be if the City is in agreement with you. In
other words, we're both parties to be in agreement that you buy us out; otherwise,
the lease is as is here, and it keeps going.
Unidentified Speaker: Tin not sure (INAUDIBLE).
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Mr. Adler: Correct. I think the -- I guess two points to that. One is, even if we build
and maintain the lease, there's still a fee that the City has negotiated on a potential
refinance, so there's still an opportunity to capture additional value at the I percent,
or at the 2 percent, you know. Secondly, part of our original business plan was to do
rental apartments, and that's our business. But as we've been in negotiations for two
years, the City has really pushed us for highest and best value, and has gotten the
appraisals, and the appraisals are based on competitive properties that are along the
river that are all for these high-end condos. So as we've gone back and forth in
looking at public benefits versus maximizing value, the conversation has been, "How
do we maximize value and proceeds?" and have been working on a structure in
order to do that. And from our, you know, belief, the ability to sell condos on the
river creates significantly more value for the City than to have --
Commissioner Carollo: And for you.
Mr. Adler: -- rental apartments.
Commissioner Carollo: And for you.
Mr. Adler: And for us.
Commissioner Carollo: So it's a two-way road. We also have the option here that
we could do another appraisal, but we got until the 7th, and I think I know why the
7th is put down; because it's the last date before we put something in the ballot. If
the appraisal is higher, you will go higher, I would assume. But if the appraisal is
lower, we still have the 69 million plus guaranteed price. Am I reading this right in
the contract, or --?
Mr. Raiffe: Yes. We would assume that that appraisal would be --
Commissioner Gort: Got to speak in the mike.
Mr. Raiffe: Excuse me. I would assume that appraisal would be done under the
same circumstances as the last one.
Commissioner Carollo: It would have to. I just don't know if you could do an
appraisal that quickly; I'm assuming that you could, but there's a time constraint.
Mr. Rotenberg: It would be very tough, Commissioner.
Commissioner Carollo: Yeah, I tend to agree, so. How old is that appraisal that
we're going on?
Mr. Rotenberg: It's October and July, in '17.
Commissioner Carollo: Yeah. So there's really no changes that are significant in
the appraisal right now, and I'm satisfied with the appraisals. What I'd like to
propose to my colleagues and to them is that we look at the option of the -- getting
the additional 1 percent, and what would amount to maybe as much as 1,200,000
additional dollars a year in taxes that we would get -- real estate taxes -- on that
property that is just under an acre that they're providing for us there, and that we
bring the building somewhere else, but that we have that option there. Less than one
acre is just too small to put an administrative building. For their part, they're going
to do much better in selling their condos or renting if they don't have an
administrative building therefrom any government, and they would probably move
them a lot quicker, also. So I think if we have that option, we're going to do quite
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better, because we're going to make more money; and at the same time, we're going
to have another piece of property that's been -- that's going to be off the tax rolls by
us being there now that will stay in the tax rolls, but once they build apartments
there is going to bring in a significant amount of dollars in additional real estate
taxes.
Vice Chair Russell: Just a quick question, and then --
Commissioner Carollo: Sure.
Vice Chair Russell: -- I'll recognize the Mayor. So what you're proffering wouldn't
actually change the existing application though, right? Because we do reserve that
right already to move our MRC to somewhere else.
Commissioner Carollo: We do, except they have to agree to the 2 percent, and if we
move it out. If --
Vice Chair Russell: Mr. Mayor and then the Commissioner Gort.
Commissioner Carollo: -- it stays, then we're back at the I percent.
Mayor Francis Suarez: I'll yield to you, Commissioner.
Vice Chair Russell: Commissioner Gort, please.
Commissioner Gort: In addition, by not having that building there, they have
additional space to build another tower; am I correct?
Commissioner Reyes: Yes.
Commissioner Carollo: Yeah. They're going to get a fourth tower; that's where we
get the extra real estate --
Commissioner Gort: Right.
Commissioner Carollo: -- taxes.
Commissioner Reyes: May I --?
Commissioner Carollo: And there'll be some surcharge money, too, that we'll get;
that I don't know what the amount is exactly that -- because we haven't estimated --
but there'll be additional money in surcharge for parking.
Later...
Vice Chair Russell: I'd like to recognize the Mayor, please.
Mayor Suarez: Thank you, Mr. Chair. First of all, I want to commend you,
Commissioner Carollo, for negotiating that additional I percent kicker. I think
that's going to benefit the City greatly, so I thank you for that. And I agree with you,
as well, Commissioner, and I think we should look at all alternative sites, and I don't
think that doing this prohibits us from looking at alternative sites. I think we've
looked at some alternative sites leading up to today, and we will certainly look at
alternative sites beyond today. I think you're absolutely right. We should do a cost -
benefit analysis of different sites, and come up with what we think is the best possible
deal for the citizens, and in the meantime, I think we should move forward, as you
suggested, with your modifications.
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Commissioner Reyes: Thankyou.
Commissioner Carollo: You know, I don't want to get into the discussion of what
sites, because --
Mayor Suarez: Right; same here.
Commissioner Carollo: -- it's a discussion for another time.
Mayor Suarez: Same here.
Commissioner Carollo: It's separate in this. But --
Mayor Suarez: Same here.
Commissioner Carollo: -- at least, I'm seeing that there's -- it appears to be a
consensus—
Mayor Suarez: Yeah.
Commissioner Carollo: -- that we don't have to build there.
Commissioner Reyes: No.
Commissioner Carollo: I'm glad that you've seen the economic benefits --
Commissioner Reyes: Yeah.
Commissioner Carollo: -- of not building there; building somewhere else. There
are several properties that are great. I think in the CRA (Community Redevelopment
Agency) area, there's a possibility of one. In my district, of course, you have the old
site that we were looking at in front of the Marlins. We got one that would be the
ideal, which is three acres. That used to be a park, by the way, and it's now a
parking lot. But I don't think they're going to bite on that one, so we're probably
stuck with the one that's about an acre -- again, too small -- in the corner. And, of
course, we have the possibility of keeping it downtown, a couple of blocks away from
where the building is at now; the police station site that the police want to move from
there.
Mayor Suarez: Mm-hmm.
Commissioner Carollo: The station is too small, too old, too many problems. It's
over three acres, so that would be plenty of room for us if we wanted to keep it in the
area and bring it there. Then maybe one of the other sites we discussed, the police
could go there. But, you know, this is not a --
Mayor Suarez: Yeah. We even (INAUDIBLE).
Commissioner Carollo: -- time to discuss which site, as long as we know we got
plenty of sites to look at and go to, and they'll be done at another time. I will say
that while it's a novel idea of putting it out here, I don't think that that will be
inclined and that --
Commissioner Reyes: Well, let's --
Commissioner Carollo: -- it's an idea.
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Commissioner Reyes: -- do a cost -benefit analysis. I mean, I'm not suggesting any
site, and I really appreciate it. You leave this up -- You see, the -- what I'm saying is
all sites, all land that is owned by the City of Miami --
Mayor Suarez: It's cheaper by definition.
Commissioner Reyes: -- that's right.
Mayor Suarez: Right.
Commissioner Reyes: All land that it is not paying -- I mean, we are not -- it's not
paying any real estate taxes, and does not have the potential in the future of paying
taxes, it should be considered.
Mayor Suarez: Understood; agreed.
Commissioner Reyes: Okay.
Commissioner Carollo: But I'm agreeing with that motion, Commissioner.
Mayor Suarez: Yeah.
Commissioner Reyes: Okay.
Commissioner Carollo: But I just wanted to make that statement.
Commissioner Reyes: But it was needed.
Vice Chair Russell: That's cool.
Commissioner Carollo: Well, I --
Mayor Suarez: Okay, that's fine.
Commissioner Reyes: And -- yes, and let's leave it at that.
Commissioner Carollo: -- left it on the record, and we'll leave it at that.
Commissioner Reyes: Okay, let's leave it at that. Okay.
Commissioner Carollo: The -- I don't know if there's any additional input that --
Vice Chair Russell: No.
Commissioner Carollo: -- anyone would like to give.
Vice Chair Russell: Thank you. And have we had a motion yet on this item, or are
we simply in discussion at this time?
Commissioner Gort: No. You had a motion?
Vice Chair Russell: I'll be glad to make the motion, and I do have some additional
considerations that I'd like them to discuss. I'm sorry. I'm the Chairman right now,
so I'll -- Commissioner Gort, would you make the motion?
Commissioner Gort: Chair you're recog --I'll make the motion.
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Vice Chair Russell: I will second --
Commissioner Carollo: I'll -- okay.
Vice Chair Russell: -- by the Chair.
Commissioner Carollo: Well, I was going to second it, but that's fine.
Vice Chair Russell: That's fine, that's fine; seconded by Commissioner Carollo.
Thank you very much for your briefing, and I've worked closely with the
Administration on this, as well. We discussed somethings that I really thank you for
considering, and I just wanted to memorialize them here to confirm that we're on the
same page. You -- I would like to see 10 percent of the residential to be at the
workforce level, and I believe that this inclusionary concept is something that even
works on the waterfront, and we want to be the best example on the properties where
we have that ability. I'd like to see that, if necessary, as legally mandated, that you
bring labor peace to a conclusion; depending, obviously, on what the exact project
ends up being will dictate how that is, but I want to make sure they're at the table.
Same thing for construction labor; if you are able to engage in a competitive process
for construction labor that you will bring all of those relevant entities to the table so
that they can bid in a fair method, as well; and that for all employees under your
control on the site that they be offered a living wage as a minimum wage, not
including the employees of tenants that you do not control.
Mr. Adler: Thank you, Commissioner. As it relates to the 10 percent workforce, as
you know, we've been working internally a lot on that, and know how important it is
to our community. And on the first project -- or first phase, which is the property we
own today, and that will be the first buildings built, whether it's the 300 units that
was originally planned, or if it goes to 467 -- whatever -- we will make that 10
percent commitment to the Commission that those will be the workforce housing.
Vice Chair Russell: Thank you. I know that's no small thing. And the other items?
Mr. Adler: And the thought as we discussed was off of the 300, but we'd like to keep
that same methodology, even if the residential units look -- what's -- look like it will
be increasing.
Vice Chair Russell: Thank you very much.
Mr. Adler: As it relates to living wage, I am not in the service industry, so I am
happy to make that commitment. I just want to be very transparent, so everyone
understands my business. Out of the employees that I control -- and I'm willing to
make that commitment to you all -- it's, you know, 20, 30 people. I'm not a thousand -
person employer, so just wanted to put numbers in perspective; and that could grow,
but, yes, I would make that commitment to the Commission.
Vice Chair Russell: Thank you. And the construction labor and the labor peace?
Mr. Adler: So as it relates to construction, as you know, it's a right-to-work State,
and unions have evolved down in South Florida. Just real quickly, my grandfather,
who started our business in the '60s, was only a union contractor. My dad was in the
labor and carpenters union, so our family does go deep with union. Down in South
Florida, we primarily have four trades out of the construction industry that really
work here in a union form. We have life safety; we have conveyance, which will be
our elevators and escalators; we have plumbing, and electric. And you should also
know --as you know these projects are very expensive to build. We are now working
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with a company called Barings, which is really MassMutual, and the equity money
who invest a lot of in our projects is pension money from unions. Those unions want
to make sure that their pension money gets a crack at union labor working on those
jobs, so we are very involved going through those processes, and will make a
commitment that all those trades will be presented the job and given a fair crack to
perform.
Vice Chair Russell: Thank you. And then labor peace, obviously, will be as
necessary and mandated by our Code, anyway.
Mr. Adler: Absolutely.
Vice Chair Russell: Thank you very much.
Commissioner Reyes: We have a -- we need a motion to pass this?
Vice Chair Russell: We have a motion and we have a second. Can--?
Commissioner Reyes: Yes, sir.
Victoria Mendez (City Attorney): Can we read the ballot language?
Vice Chair Russell: Please.
Ms. Mendez: We have a copy. I have -- okay.
Commissioner Reyes: And a point of clarification: This is only to get the process
started.
Mayor Suarez: Correct.
Commissioner Carollo: Correct.
Commissioner Reyes: Okay. Thank you.
Commissioner Carollo: There'll be additional negotiations that's down the line.
Commissioner Reyes: Absolutely.
Commissioner Gort: Yeah.
Commissioner Reyes: Absolutely.
Ms. Mendez: "Shall the City enter into a 99 year lease of approximately 3.15 acres
at 444 and 460 Southwest 2nd Avenue, with winning bidder, Lancelot Miami River,
LLC, providing privately funded mixed-use riverfront development, new public
riverwalk, and other public amenities; greater of 3,620,000 annual rent; increasing
1.5 annually, or 3 percent of gross revenues; 69,400,000 purchase option; 2 percent
capital transaction fee; living wage, and 10 percent workforce housing; design and
development of new administrative building?" Thank you.
Vice Chair Russell: Thank you.
Mr. Llorente: If I may?
Vice Chair Russell: Yes.
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Mr. Llorente: And I'm sorry, Commissioner, but just to clarify and confirm, the 1.5
escalator, I believe would kick in after year five; and so, I'm not sure if that was
specified in the ballot language or --
Ms. Mendez: I'm sorry, say that again.
Mr. Llorente: The -- as I understand it, the 1.5 percent annual escalator kicks in
after year five, so I'm not sure if I --
Ms. Mendez: We don't have to put it in there; we just make sure we put it in the
agreement.
Mr. Llorente: Fair enough.
Ms. Mendez: It's just advising --
Mr. Llorente: Fair enough.
Ms. Mendez: -- as much as we can on the ballot.
Mr. Llorente: Good. Thank you.
Ms. Mendez: Thank you.
Vice Chair Russell: Thank you. There's been a motion and a second. Do we need to
memorialize any amendments, other than what was stated on the record?
Todd B. Hannon (City Clerk): Vice Chair, I do have one. On page 3 of the
resolution, I will need to insert the following resolution number: Resolution R-18-
0324. I will also need to sub -in Exhibit Number 1, which would be election precincts
for the November 6 election.
Vice Chair Russell: Thank you. Does the mover and seconder accept the
amendments?
Commissioner Gort: I do.
Commissioner Carollo: Yes.
Vice Chair Russell: Thank you very much. And none of what else was stated needs
to be placed as an amendment? It's all in the record as proffered on this item?
Ms. Mendez: Right. Everything's on the record. And remember, we have to do the
actual agreements and do all that. But all that's in the record and was agreed to by
counsel will be placed in the agreements that we work on. And we also have outside
counsel, Weiss Serota that's been helping us on that, and we'll make sure that all that
is addressed. Thank you.
Vice Chair Russell: Thank you. Any further comments from the dais? All in favor
of the motion, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
Mr. Llorente: Thank you, Commissioner.
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Mr. Hannon: As amended.
Commissioner Reyes: Good luck, man.
Vice Chair Russell: As amended. And --
Commissioner Reyes: Take care.
RE.12
RESOLUTION
4230
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Department of
THE BIDS RECEIVED APRIL 10, 2018, PURSUANT TO
Parks and
INVITATION FOR BID ("IFB") NO. 783382, TO ESTABLISH A PRE -
Recreation
QUALIFIED POOL, FOR POURED -IN-PLACE RUBBER
SURFACING REPAIR SERVICES FROM ROBERTSON
INDUSTRIES, INC. ("ROBERTSON"), AND LEADEX
CORPORATION ("LEADEX"), THE TWO MOST (2) RESPONSIVE
AND RESPONSIBLE BIDDERS, FOR THE PARKS AND
RECREATION DEPARTMENT ("PARKS"), ON AN AS -NEEDED
BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH
THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1)
YEAR PERIODS; ALLOCATING FUNDS FROM THE PARKS
GENERAL FUND AND OTHER FUNDING SOURCES, SUBJECT
TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL
AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
ADD SUPPLIERS TO THE CONTRACT AS DEEMED NECESSARY
BY THE CITY; 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-18-0342
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE12, please see "End of
Consent Agenda. "
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RE.13
RESOLUTION
4427
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING THE PANAM SPORTS ORGANIZATION IN ITS BID
Commissioners
TO HOST AN INAUGURAL JUNIOR PANAM SPORTS
and Mayor
CHAMPIONSHIP IN THE CITY OF MIAMI; FURTHER DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE OFFICIALS STATED HEREIN.
ENACTMENT NUMBER: R-18-0343
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.13, please see "End of
Consent Agenda. "
RE.14
RESOLUTION
4491
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), SUPPORTING THE JOINT FINAL
Commissioners
APPLICATION OF BOTH THE CITY OF MIAMI AND CITY OF
and Mayor
MIAMI BEACH FOR THE FINAL PHASE OF THE 2018 U.S.
MAYORS CHALLENGE ("BLOOMBERG MAYORS CHALLENGE"),
SPONSORED BY BLOOMBERG PHILANTHROPIES
("BLOOMBERG"); FURTHER AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO MOVE FORWARD TO ENSURE ALL
NECESSARY STEPS AND DOCUMENTS ARE COMPLETED IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY
TO BE INCLUDED IN THE JOINT APPLICATION PROCESS, WITH
ASPIRATIONS OF INCREASING THE CHANCES OF BEING
SELECTED AS ONE OF THE FINAL WINNING CITIES TO
DEVELOP IMPORTANT TOOLS FOR STRENGTHENING THE
RESILIENCE OF OUR RESIDENTS, BUILT ENVIRONMENT AND
ECONOMY TO INCREASED FLOOD -RISKS.
ENACTMENT NUMBER: R-18-0344
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.14, please see "End of
Consent Agenda. "
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RE.15
RESOLUTION
4242
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
Commissioners
GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE TO
Commissioners
MAKE FUNDING AVAILABLE TO SUPPORT THE FORMULA 1
and Mayor
MIAMI GRAND PRIX; DIRECTING THE CITY MANAGER TO MAKE
THE FINDING OF AVAILABLE STATE FUNDING A LEGISLATIVE
PRIORITY; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS
NAMED HEREIN.
ENACTMENT NUMBER: R-18-0345
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE1 S, please see "End of
Consent Agenda. "
RE.16
RESOLUTION
4486
A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners
AUTHORIZING AND DIRECTING THE CITY MANAGER TO FUND
and Mayor
CAPITAL IMPROVEMENTS AT THE CITY OF MIAMI'S ("CITY")
BAY OF PIGS PARK, ALSO KNOWN AS FLAGLER TERRACE MINI
PARK ("BAY OF PIGS PARK"), IN DISTRICT 4, LOCATED AT
SOUTHWEST 3RD STREET AND 55TH AVENUE ROAD, MIAMI,
FLORIDA FROM CITYWIDE PARK AND RECREATION IMPACT
FEES TO ADD OUTDOOR RECREATIONAL EXERCISE
EQUIPMENT, PARK FURNISHINGS, IRRIGATION,
LANDSCAPING, SODDING, DRINKING FOUNTAIN, OFFSTREET
PARKING, WALKWAYS AND PATHS, PEDESTRIAN
CONNECTIVITY, AND IMPROVEMENTS FOR AMERICANS WITH
DISABILITIES ACT COMPLIANCE (COLLECTIVELY, "PROJECT"),
IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED
THOUSAND DOLLARS ($1,200,000.00); AUTHORIZING AND
DIRECTING THE CITY MANAGER TO INCLUDE THE PROJECT IN
THE CITY'S CAPITAL IMPROVEMENT PROGRAM AND THE
MULTI-YEAR CAPITAL PLAN TO CREATE A NEW PROJECT
NUMBER FOR THIS FUND AND TO UNDERTAKE THE PROJECT.
ENACTMENT NUMBER: R-18-0353
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.16, please see "End of
Consent Agenda. "
RE.17
RESOLUTION
4409
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE INDEPENDENT AUDITOR GENERAL ("IAG") TO CONDUCT
City Manager's
AN AUDIT OF ANY AND ALL FINANCIAL MATTERS INVOLVING
Office
THE OPERATIONS AND MANAGEMENT OF THE CITY OF
MIAMI'S ("CITY") MELREESE GOLF COMPLEX OPERATED AND
MANAGED BY DELUCCA ENTERPRISES, INC.; FURTHER
DIRECTING THE IAG TO PROVIDE THE RESULTS OF SUCH
AUDIT TO THE CITY COMMISSION; AND PROVIDING AN
EFFECTIVE DATE FOR THIS RESOLUTION.
ENACTMENT NUMBER: R-18-0346
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.] 7, please see "End of
Consent Agenda. "
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RE.18 RESOLUTION
3811 TO BE DEFERRED
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENT(S), RECOMMENDING TO THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ITS APPROVAL OF
THE STATE HISTORIC PRESERVATION OFFICE'S NOMINATION
TO ADD THE BACARDI BUILDING COMPLEX ("BACARDI
COMPLEX") TO THE NATIONAL REGISTER OF HISTORIC
PLACES AS THE BACARDI COMPLEX MEETS NATIONAL
REGISTER CRITERIA C: THE PROPERTY EMBODIES THE
DISTINCTIVE CHARACTERISTICS OF A TYPE, PERIOD, OR
METHOD OF CONSTRUCTION IN THE AREAS OF
ARCHITECTURE AND ART, AS THE BUILDINGS ARE LOCALLY
SIGNIFICANT EXAMPLES OF THE INTERNATIONAL STYLE OF
ARCHITECTURE, WITH UNIQUE ARTISTIC FLAIRS WHICH
DISREGARD SOME OF THE FUNDAMENTAL TENETS OF THE
STYLE; AND NATIONAL REGISTER CRITERIA CONSIDERATION
G: THE PROPERTY IS LESS THAN FIFTY (50) YEARS OF AGE
AND, WHILE THE BACARDI COMPLEX WAS CREATED IN 1963,
THE ADMINISTRATION BUILDING WAS CONSTRUCTED IN 1973,
BUT CONTRIBUTES TO THE SIGNIFICANCE OF THE COMPLEX
BECAUSE IT FOLLOWS MANY OF THE SAME DESIGN
PRINCIPLES AND INFLUENCES AS THE ORIGINAL PARTS OF
THE BACARDI COMPLEX AND DOES NOT DETRACT FROM THE
RESOURCE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE. 18, please see "Order of
the Day" and "End of Consent Agenda. "
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RE.19
RESOLUTION
4520
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), DIRECTING THE CITY MANAGER TO INITIATE
and Mayor
THE PROCESS OF AMENDING ORDINANCE NO. 13114, THE
AYES:
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
ABSENT:
AMENDED ("MIAMI 21 CODE"), REGARDING ENTERTAINMENT
ESTABLISHMENTS BY ADDING A REQUIREMENT THAT
ENTERTAINMENT ESTABLISHMENTS CONTAINING GAMBLING,
INCLUDING PARI-MUTUEL FACILITIES, BE ALLOWED BY
EXCEPTION WITH A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE
OF THE CITY COMMISSION, IN A MANNER SUBSTANTIALLY IN
COMPLIANCE WITH THE PROPOSED ORDINANCE AND
EXHIBITS ATTACHED HERETO AS COMPOSITE EXHIBIT "A" AND
EXHIBIT 1 "; PROVIDING FOR ZONING IN PROGRESS; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-18-0347
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Russell, Gort, Carollo, Reyes
ABSENT:
Hardemon
Note for the Record. For additional minutes referencing Item RE.19, please see
"Public Comment Period for Regular Items" and "End of Consent Agenda. "
Chair Hardemon: The Chair would like to entertain a motion to defer FR.1 and
RE.19. We could talk about it if it is something that's -- I said, "defer"; meaning to
our next meeting, to give its some time to learn more about those items.
Vice Chair Russell: RE.19 I'd like to discuss before we move -- before we take
action. FR.1 is separate, though, right?
Chair Hardemon: Well, we need to --
Commissioner Gort: FR.1 is the alleys.
Vice Chair Russell: Yeah. That --
Chair Hardemon: Right.
Vice Chair Russell: -- you'd like to defer both of those?
Chair Hardemon: Right; not to -- not -- yes, just to the next meeting.
Vice Chair Russell: FR. 1, I'm supportive of. RE.19, I'd like to get more information
from the Administration before we do any deferral.
Chair Hardemon: All right. What information do you need for FR. 19 [sic]?
Vice Chair Russell: How that affects any potential current and ongoing
applications. I'd like to make sure that the City reserves its ability to bring the
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residents and this Commission to the table with regard to any gambling use in the
City of Miami. Right now, we really don't have an ability to weigh in, and the
neighborhood, the public, those who elect us don't have an ability to weigh in. So,
simply, I'm trying to create a process through which -- through an exception process.
It's a bit of a high bar, but -- it definitely allows a path for the use to happen, but it
brings the neighborhood to the table, which I think is very important on certain uses
in our City. So we do have some imminent applications. I want to make sure that
deferring this does not defer our ability or right to include that, because otherwise, I
would like to go today with this resolution. This isn't the ordinance, itself. This is
simply directing the Management to start crafting legislation, which I don't know
why we would need to wait on otherwise.
Francisco Garcia: Thank you for the opportunity. Francisco Garcia, Planning
Director. The first thing I'll say is I'm tempted to defer to the City Attorney's Office
in terms of what the status quo is today, but -- and I'll do that quickly -- but what I
will say is that at present, the City of Miami does not have clear, enforceable
regulations pertaining to these uses. Gambling uses generally are well defined and
well -regulated in other municipalities. We would do well to have a good set of
regulations ourselves. I know that the resolution that is before you today is one that
simply provides for there to be a vote of the City Commission to try to approve any
one instance of these gambling uses. Above and beyond that, what I've shared with
you in briefings is that I think there should be criteria, and a very clear delineation
as to what zoning districts in particular should accept these gambling uses. They are
not appropriate for the entire City. They are not appropriate for all the commercial
districts. They're only appropriate for those areas that are able to accept them
without undue adverse impact. We don't have the regulations today to be able to
achieve that.
Vice Chair Russell: Mr. Chairman, I would ask that we just move forward with this
resolution today that allows them to start studying and working with each of the
Commissioners and their ojfices on how this legislation might look. This doesn't
actually preclude anyone's rights by passing this resolution. It simply directs our
City to start studying this and bring something back, and it's an issue.
Chair Hardemon: Okay. So right now, we just need, then, some direction. If you
would like to pass RE. 19, I would suggest that you make a motion to pass it, then.
Vice Chair Russell: I would like to move RE. 19, please.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded to carry RE. 19. Is there
any discussion about RE. 19?
Commissioner Carollo: I mean, it's a motion for deferment?
Vice Chair Russell: No.
Chair Hardemon: No.
Vice Chair Russell: A motion to approve 19, which is only giving direction to craft
legislation; not approving any actual ordinance or legislation.
Commissioner Carollo: Okay. Who made a motion and a second?
Chair Hardemon: The Vice Chairman made the motion, and Commissioner Gort
seconded.
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Commissioner Carollo: Okay. Any further discussion?
Chair Hardemon: That's what we're asking for now.
Vice Chair Russell: That's his line.
Commissioner Carollo: I have none. I don't know if any of the parties might want to
say anything more on the subject, and I have no problem in listening to both sides.
Chair Hardemon: You're recognized, sir.
Ron Book: Thank you. For the record, Ron Book, 18851 Northeast 29th Avenue,
Suite 1010, Aventura, Florida, representing the Havenick family and Magic City
Casino. What we have tried to say today to several individuals in the room is we are
not looking to put a casino downtown or anywhere else in Miami. Under your
current Code, a pari-mutuel facility is permittable, which would allow for the
erection of a jai alai fronton floor and a cardroom. That is what we are trying to do.
What we would encourage is take a deferral till September to give us an opportunity
to work with the interested parties out here and in the community, as well as your
Management, to bring an ordinance back. We would covenant that we will never put
slot machines in. This is not a backdoor game to put slot machines in. We can't put
them in now. I -- if they change the statute, we will commit to never putting slot
machines in. That appears to be what the concern is. We're not looking to put new
lead in. We're not looking to put craps in. We're not looking to put that stuff in. We
are looking to do, with what your Code allows today, which is what we got that letter
from the City that went to the State a year and a half ago that was re -ratified,• that's
all. We are, on behalf of the family, proffering to you that is what we're looking to
do. That is what we operate today on -- at Magic City, which is a -- don't want to
run dogs. We have jai alai there now. Our players are largely retired University of
Miami jai alai players and the cardroom. We have slots there. We're not moving
our slots. We're allowed slots there. We would not be allowed slots over on the
boulevard, and we will never put them in. I cannot be more clear about it, and I
can't state it more directly to you.
Chair Hardemon: Why would you decide not to put slots in if you had permission to
do so in the future --
Mr. Book: Because --
Chair Hardemon: -- if you had the authority to do it in the State?
Mr. Book: -- Mr. Chairman, it is our goal to avoid the long and expensive and risky,
risky litigation that will, without question, go on for an extended period of time. The
City runs a bundle of risk. We run some risk, but the City runs a bundle of risk. We
live in the City of Miami. Our owners live in the City of Miami. Our owners are
your constituents just the way some of the opponents to this are. And what we're
saying is, if you look at the resolution, as you drafted it, it says, "casino. " That's not
what we are, not what our planned use is. Mr. Chairman, if at some point in time
down the road, the City came to us and said, "We want to do it" -- but that's not what
the City wants, and we don't want to do that to the business community or anywhere
else. I have heard; the family has heard the concerns that have been expressed
about what's going on in the area. All we're saying is consistent with that. We will
limit ourselves to what it is we've asked to do. It's not a bait and switch, Mr.
Chairman; that's why.
Vice Chair Russell: Mr. Chairman?
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Ms. Mendez: If I may, just briefly? I don't want anything here to be construed to
suggest that whatever use -- cardroom use or whatever they're asking for is already
allowed. State Statute says that those things are allowed within pari-mutuel
facilities. This is a stand-alone cardroom, my understanding. I don't know enough
about it right now.
Vice Chair Russell: A pari-mutuel.
Mr. Book: She's mistaken, Mr. Chairman. She's mistaken.
Ms. Mendez: However --
Vice Chair Russell: She is mistaken. It's a pari-mutuel, so it would --
Ms. Mendez: -- what they're opening up in the other location is a pari-mutuel.
Vice Chair Russell: -- have jai alai onsite and -- which would also allow a
cardroom. But if I could, Mr. Chairman, because this isn't simply about trying to
single them out or damage their business. I've met Mr. Havenick this week. We had
a very productive neighborhood meeting last night, and the neighbors, for the very
first time, really got a look at this. What they are learning, and what I tried to
explain to them is that when someone has something as of right, the neighborhood
does not have a say-so in anything with regard to -- there's no public hearing
necessary. And so, a use such as this coming to a neighborhood, we believe -- I
believe -- should have a public hearing; should have a certain bar or threshold to
pass where this Commission has the ability to weigh in on what's appropriate or not
appropriate or where the use may be, and that the Planning & Zoning Department
has that strength, as well; they currently do not. And this would allow this -- and I
intend it for all gaming. It wasn't meant to just attack pari-mutuels, and make it
harder for them to operate. It's creating a path for them to operate with public
involvement, and through the -- those who were elected by the public, holding us
accountable, to make sure they have a place at the table. And I ensured Mr.
Havenick that he will have a place at the table in crafting this legislation to make
sure that it's not intended to damage his business; that it's intended to give the public
a voice. But it has to -- it has -- the step --first step has to happen today, which is
just directing the City Administration and the -- to craft legislation that we can study
and look at.
Mr. Book: Mr. Chairman, if I could, let me be clear. We already have this right
under current statute, current ordinance, so if you go forward --
Ms. Mendez: With municipal approval.
Mr. Book: With all due respect, Mr. Chairman, members of this Commission, the
City Attorney and I can agree to disagree. There's a letter that's been written that
was provided to the State as part of the licensure process. The City Attorney can
take whatever position she wants to today, after the fact. The letter was issued. It
says what the ordinance allows today. If we go forward and we end up in litigation
and you lose and you get hit with a treble damage issue on a civil rights claim, here's
what I can assure you: A loss means we can do on that property anything we will
want to do in the future. Why would you roll dice to use -- a play on words --why
would you roll dice unnecessarily? And the answer is: I can roll -- the odds for me
are a little different than they are for you. You've got a triple -figure potential
judgment of significance, and the ability for us to then do whatever we want to do in
the future. We're simply saying, "Hit pause. "' Let us attempt to find a pathway
between now and September. This resolution, we believe, is a nullity. We don't
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believe the resolution stops us. Courts will tell us that if you go forward. Why would
we do that? And I'm simply saying, in an attempt to be some -- voice of some reason
coming forth to offer something. I'm not simply saying, "Stop. Let us do whatever
we want to do. " I'm bringing you something in the form of a compromise to say,
"Let's work between now and September to get there." We don't get there, you'll be
able to do whatever you want to do anyway.
Commissioner Carollo: Mr. Chairman, can I ask Mr. Helfman to come up? I'd like
to get his take, and if you've had the opportunity to speak anymore to your clients.
Stephen Helfman: My clients are the Related Companies, George Perez and
Norman Braman. I have been very involved in this. I -- your City Attorney is
entirely correct. This is a bunch of bluffing. The letter that's been -- that they keep
on referring to -- specifically says that it remains today. However, as further
restricted in our City Code, or further amended in our City Code or Zoning
Ordinances, okay? So they had a letter that was good for one day, okay? This is
nothing. This tells them, "We may change the rules," okay? So the City is
potentially considering changing the rules. I think we should start this process. If
they'd like to sit down, happy to sit with them. We got three months to go through
this process. Let's do it. I think what you're trying -- what they're trying --
attempting to do is stall the process so that they can begin a -- the approval process
to create that lawsuit that was just threatened, okay? So let's do the right thing.
Let's get this process going. Where it ends up, I don't know, but at least we'll begin a
process where, at the end, hopefully, there'll be a public participation in siting these
facilities, and a Commission vote -- not the developer vote -- a Commission vote as
to where these type of facilities go. So in any event, just for the record, that letter
was issued first in January. I think it actually was issued in -- 17 -- and it
specifically says that the Code's going to change -- or may.
Ines Marrero-Priegues: Through the Chair, if I may. There's just an opinion --a
very important nuance to what's happening today. When we talk about --
Chair Hardemon: Can you state your name, please?
Ms. Marrero-Priegues: My name is Ines Marrero -- I apologize -- attorney at 701
Brickell Avenue, on behalf of Magic City Casino and West Flagler Associates and
the Havenick family. The process today, you can do any day. You could very well
direct your City Manager to start drafting whatever legislation you please. The
issue is that you -- that draft, that resolution includes some zoning -in -progress
language that purports to say that, as of today, we are on notice, and we know that
the Code is changing, in accordance with some attached draft. And that is illegal;
that, you cannot do. That is an infringement of our rights -- of anybody's rights. You
cannot enact legislation in the future and say that it's effective today, and that's
essentially what you're doing, and we will challenge that. And Mr. Helfman, with all
due respect, where's the Village -- attorney for the Village of Key Biscayne when
they were adopting their land development regulations, and he helped draft a
zoning -in -progress ordinance? And this City had a draft zoning -in -progress
ordinance when they were adopting Miami 21. So everybody knows how this is done
the right way. This is not the right way. We cannot have it both ways. Either we are
doing it, we're doing it right, or what we're doing today is illegal.
Mr. Book: Just to add one last thing if I could, Mr. Chairman. Mr. Helfman can
take the position on behalf of his clients. In most agreements that you do, your City
Attorney drops in a provision, and it requires an indemnification agreement. I would
love to see if Mr. Helfman's clients will indemnify and hold this City harmless for the
lawsuit that will be coming. I'm simply offering a compromise to what's in front of
you today, saying, "Hit pause.' Let us bring something that does what everybody
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says they seem to want to do. " And I might add, my good friend, Mr. Perez, it was
okay for his group to buy the Omni and flip it to the Malaysians for a nice profit that
allows them to build a casino there. The ordinance I'm suggesting to you would not
allow that to happen; not at the Omni or anywhere else in the City of Miami. I'm
saying, let's use this opportunity to accomplish what Mr. Braman, what Mr. Perez
and others that may want to do to freeze where we are. Let us run our jai alai
fronton in our cardroom, which is exactly what we operate at Magic City today, and
we are the only one. And I say, with all due respect to my friend, Commissioner
Russell, there's only one party, one entity; there's only one jai alai license out there,-
it
here;it is targeting one group, one entity that has moved forward. We can say it's not, but
the reality is they're the sole one. They are targeted by this proposal, period.
Vice Chair Russell: Mr. Chairman, that's why I'm asking to broaden it, to make sure
it does encompass future potential gaming that could also happen, so it's not just
about this group. If there's a issue about giving notification of this resolution
starting a process, at the end of the day, it may be about whether our ordinance is
written before their applications are in, or whatever, I don't think we need to get into
that. I think we can work together, be together at the table, as this is crafted. I don't
think we need to retreat to camps and say that this is going to all be about lawsuits.
If what they're doing fits within that neighborhood, they should survive this process,
get the four-fifths that they need from us, have support from the neighborhood on
how the traffic patterns and what uses will be there, and what -- There's so much
that the neighborhood doesn't know, and they don't have the right to know if this is
as of right. This isn't about slot machines. This is about everything that comes
along with gaming coming into a neighborhood. And I'm not, you know, casting a
negative light on their business. I'm saying that the neighborhood has the -- should
have the ability and voice here, and this is the only way to start that process.
Chair Hardemon: The -- on Page 4 of 5, Section 5, it reads, "From and after July
26, 2018, to the effective date of this ordinance and any prior versions thereof, has
and will serve as notice to all persons that the laws regulating the approval and
operation of the entertainment establishments, including specifically game" --
"gambling uses may be amended, revised, or terminated. Notice is also given that
all persons proceed at their own risk, and no vested rights of any type shall attach to
the development approvals or development permits sought or obtained during the
entirety of the adoption process. " Is this the clause that you're speaking of,
counselor, when you say that this resolution is being used to limit your rights on a
resolution or on an ordinance that may be adopted in the future?
Ms. Marrero-Priegues: Yes.
Mr. Book: Yes, Chairman.
Chair Hardemon: If that is the case, I would agree with counselors in the sense that
it would be improper for us to create that sort of section. If we're going to pass -- if
we're going to change the laws, change the laws. I don't even understand why we
did it in this fashion, where we brought it up in the form of a direction, but we did,
and it is what it is. Maybe it is for that, but that section, if I were to vote in favor of
this to move forward, I would strike that, because I would think that it would create
an issue for us in the future.
Vice Chair Russell: Could you expand on that, Mr. Chairman?
Chair Hardemon: Well --
Vice Chair Russell: What would be the issue?
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Chair Hardemon: -- my thought would be -- it's almost like you -- it's like creating a
law -- the only thing I could liken it to -- maybe the attorneys could do a better job of
explaining it to me -- but I would look at it as creating a law that punishes people for
acts they did yesterday. So if I were -- kind of comparing it to the criminal system.
Victoria Mendez (City Attorney): Right. You're --
Chair Hardemon: So yesterday --
Ms. Mendez: --retroactive.
Chair Hardemon: -- having a milk crate was not illegal. Police officer saw me with
a milk crate. Today, having a milk crate is illegal, and he charges me for my crime,
for the act I did yesterday. And that is the -- that's sort of the issue. So I kind of look
at it here where we're saying, today is July 26. Today, we don't have a -- such
ordinance that limits these entertainment establishments, but we're going to say,
after today, without the ordinance, that if you are this sort of establishment -- we
passed a law in August -- no -- September -- that whatever we passed in September is
effective from July 26.
Vice Chair Russell: If I could, I don't believe it actually says that, specifically. What
it does, it says, "Notice is given"; that they proceed at their own risk; that they have
no vested rights to any development approvals or development permits, sought or
obtained during the entirety of the adoption process; doesn't mean they may not get
their permits and be able to move forward. It just simply says they're on notice that
this process is happening, and, you know, it may affect them. But I think at the end
of the day, it's going to come down to when their permits are put in place, and when
this eventual ordinance comes into play, and at that point, they can make a claim, if
they beat the ordinance to the punch, that they have a vested right. But I don't
believe that this clause actually takes that right away from them. It simply puts them
on notice that we are in this process, so they can't say they didn't know.
Chair Hardemon: I don't know -- I mean, I don't know if you want that fight.
Commissioner Carollo: Well --
Chair Hardemon: I don't know if you want that fight.
Commissioner Carollo: -- gentlemen, with all due respect, one of you is an attorney;
the other one is not. But I don't want to look back in recent history that we got into
one vote and it's not turned out too good for us. I wasn't here then.
Unidentified Speaker: Can't hear you.
Commissioner Carollo: Commissioner Reyes wasn't here then. I'm going to go
along with what my City Attorney says.
Commissioner Reyes: Yes, sir.
Commissioner Carollo: And --
Vice Chair Russell: Madam City Attorney?
Commissioner Carollo: -- so I need to know, Madam City Attorney. I don't want to
see a repeat here of Flagstone, and I want to be sure that before I cast my vote -- and
let me say this: I know the parties involved on both sides, I get along with all of
them on both sides, and I respect people's rights. And I'll tell you what Meyer
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Lansky used to say about gambling. He was a man that knew a lot about it. He said
it was a game for suckers, and he was right. You always lose. The house wins.
Chair Hardemon: The house always wins.
Commissioner Carollo: Yeah. So I remember when I was taken to the Highlands to
see the Genting gambling facilities years back, when the father of the gentleman that
runs Genting was still alive, and it was the Lord Mayor of (UNINTELLIGIBLE) that
took me there -- a friend of mine. I was not in government at the time. It was quite
interesting. I also know that when Genting got their license and their flagship
facility in Singapore, they had to cut ties to certain people. And on top of that, in
Singapore, if you're a local, it's not too easy for you to be able to get in there and
gamble, because they know what it does to a community. And I'm not one that is a
big fan of gambling, but at the same time, I'm not one that's going to go out there,
you know, with placards, and oppose gambling; that's up for people in the
community if they want it or not --
Mr. Book: Mr. Chairman --
Commissioner Carollo: -- whatever kind of gambling it is. And there is a big
difference between card gambling, slots, and other types of gambling, but at the end
of the day, it's still gambling, but there's a difference. I haven't -- have -- having said
that, I don't particularly like the idea of expanding gambling in any which -way, in
any other areas of the City. But I will say this: If in the future the State of Florida
ever decides that they're going to impose gambling on us, I think that the City of
Miami, joining with the County, should have a right to bid for one of those licenses,
and I'm sure that all the attorneys and lobbyists that are here on both sides are going
to unite so we don't get it, because they'll be working for one of the top gambling
firms. But if we were to get it in the future, I would prefer that we do like the
Seminoles do, like the Miccosukees; we get a license, and we get a huge share of the
profits. But having said all that, I'm willing to vote on this based upon what the City
Attorney gives me as a legal opinion, and that's who I'm bound by, unless I can
prove otherwise, and feel pretty solid that her opinion is wrong, but then I have to
show it.
Ms. Mendez: Thank you.
Vice Chair Russell: So you know, the exact question is whether or not Section 3 is
illegal and should be stricken; that's the question that we have for you.
Ms. Mendez: Okay. So a couple things -- I just want to preface it -- would be that
this Commission -- arguably, today, this was a version that could have potentially
been a zoning in progress, and it could have been a moratorium type of legislation.
What we can do, if you so are inclined, it could be that this would be a moratorium
on issuing any types of these permits. Mr. Book and Ms. Priegues have a different
opinion than I do. At this time, I believe that there have to be certain grants of --
They don't have an automatic right. They need to come before the municipality, and
they need to be given the authority to do what they're planning to do. What they
have from 2012 and from 2018 are zoning verification letters. That is not granting
them any particular rights in my opinion, and that could be challenged, and we
could discuss that further. If this Commission wishes to do a moratorium until
everybody figures out what they want to do, that is an option, and it could be a first
reading today, and we can have a special meeting for a second reading; that could
be an option. Or you can edit the language of this resolution and tweak it to that
regard. So those are all the balls in the air right now.
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Vice Chair Russell: What would you recommend as the edit to Section 3 that would
effectively create that, without creating any illegal concern about zoning in
progress? What would be the wording change, rather than doing a separate
ordinance or moratorium?
Ms. Mendez: Give me one second.
Vice Chair Russell: Gentlemen, this is an issue that significantly impacts a growing
area of my district that is developing in a very positive way, with a lot of residential
neighbors, who are very interested in what happens there; doesn't mean this can't
happen. Clearly, the other side would like to preserve their rights and strengthen
their ability to sue us if they don't get what they want. We, on the other hand, would
like to preserve our rights, as representatives of the neighborhood; and, obviously,
strengthen our ability to enforce that. So I'd like to make sure that what we do is
binding and legal.
Commissioner Carollo: And Commissioner, let me say this: While you and I might
differ in some of the philosophical areas of government, in as -- for instance, the
Marlins Stadium that's in my district that I don't believe that even though it's in my
district, I should have the sole say-so and veto power over that, because I believe
that's one of the decisions that's citywide. But this issue, it's one, really, that the
district Commissioner has to be given a lot of say-so on, because it goes to the heart
of your own district, of the voters that you know best that are in your district, in your
areas, and the quality of life in the neighborhood in the district. This is why I will
follow your motion as long as the City Attorney has told me that I'm in sound, legal
ground, and not in quicksand.
Vice Chair Russell: Thank you, Commissioner. Madam City Attorney, is it good, as
is? Does it need amending to be strengthened and legal?
Ms. Mendez: Right. I think it's fine, as is. This is not zoning in progress. At the end
of the day, like I told you, you would have to have two readings for that; if it's a
moratorium, you would have two readings. This is a resolution putting people on
notice that if they are applying, since we don't have the regulations, the exact
regulations in place, it's giving them notice that if they are granted anything, it
doesn't necessarily mean that they have what they think they have. So I'm fine with
this resolution, as stated, and I gave you other options if you wish to proceed.
However, we do have to figure out exactly how you want to regulate this in the
future. I do not agree with Mr. Book's interpretation, but will agree to agree [sic].
Commissioner Gort: I'll be chairing the meeting, because the Chair has stepped out
and you made the motion, so you got the floor.
Vice Chair Russell: Thank you. So in that case, we'll leave it as is, no amendments.
All in favor of the item, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Todd B. Hannon (City Clerk): Commissioner Gort, please call the question.
Commissioner Gort may call the question.
Commissioner Gort: They're clarifying.
Vice Chair Russell: I apologize.
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Commissioner Gort: All in favor of the statement, say "aye. "
The Commission (Collectively): Aye.
Commissioner Gort: Nay? No "nay." Thankyou.
Vice Chair Russell: Madam City Attorney, question: Would a -- why would a
moratorium be a legal option for us, whereas zoning in progress is not? And is --
Ms. Mendez: No, it's both --
Vice Chair Russell: -- would you recommend bringing a --
Ms. Mendez: -- both would be --
Vice Chair Russell: -- separate resolution?
Ms. Mendez: Right. Both would be options, but they have to be ordinances, and
they have to be two readings, so you would have to --you know, you need a process
and notice of that --
Vice Chair Russell: And so --
Ms. Mendez: -- so that's why today is not the -- this is not a moratorium or a zoning
in progress.
Vice Chair Russell: --but you are recommending a first reading at this point of an
ordinance for a moratorium in order to strengthen our ability to move forward with
the legislation and craft it, without new applications being put in under the wire
while we're working on it; is that right?
Ms. Mendez: I would think -- and what I would recommend is that a properly -- I
mean, if we wanted to do this as some sort of emergency, you could do a first reading
today. The best way would be to properly notice it as a first reading and a second
reading. But just as the state of the law stands right now, it's not as of right, as they
are claiming.
Vice Chair Russell: I believe that my residents would certainly believe that time is of
the essence, at least to preserve our rights as a City, to craft our Zoning Ordinance
as we see fit, and to keep anything from getting under the wire while we are doing
so; that a moratorium would be appropriate. If you need time to craft that language,
I'll table the item, butt would like to do it today ifwe can.
Ms. Mendez: Then we would -- yeah, we would need a little bit of time.
Vice Chair Russell: Okay. So I won't bring it up now, but we'll come back to it.
Thank you.
Mr. Book: You're telling us that you're going to put a -- you're going to beat us in
the head with a four-by-four by putting up a more targeted ordinance on first
reading today; is that what you're saying? I just want to be sure I understand.
Without any notice, without any emergency, you're going to do that today; is that
what I understand?
Ms. Mendez: We're looking into it.
Mr. Book: Okay.
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Ms. Mendez: Thank you.
RE.20
RESOLUTION
4521
A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners
AUTHORIZING THE PLACEMENT OF A PLAZA DESIGNATION
Commissioners
PURSUANT TO SECTION 54-136(2) OF THE CODE OF THE CITY
and Mayor
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AT THE
INTERSECTION OF SOUTHWEST 14TH AVENUE AND
SOUTHWEST 8TH STREET, MIAMI, FLORIDA, TO
COMMEMORATE MANUEL A. "EL MONO" GONZALEZ, SUBJECT
TO ALL APPLICABLE PERMITTING REQUIREMENTS.
ENACTMENT NUMBER: R-18-0348
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.20, please see "End of
Consent Agenda. "
RE.21
RESOLUTION
4392
A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners
AUTHORIZING THE ALLOCATION OF THE MAYOR'S SHARE OF
and Mayor
THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE
GRANT FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED FIVE
THOUSAND DOLLARS ($5,000.00), TO THE PRYMUS ANGELS
CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION,
FOR COLLEGE TOURS, AS FURTHER STATED HEREIN;
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-18-0349
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item RE.21, please see "End of
Consent Agenda. "
END OF RESOLUTIONS
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1-11111211111-1llBiel NkI
BU.1 BUDGET DISCUSSION ITEM
3243 MONTHLY REPORT
Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES
Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
Budget BUDGET)
II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
RESULT: DISCUSSED
Chair Hardemon: All right. So let's do this: Let's move into -- let's hear from Chris.
Is Chris here?
Unidentified Speaker: He's here.
Chair Hardemon: Let's hear from BU. 1.
Christopher Rose (Director, Office of Management and Budget): Good afternoon,
Commissioners. Was that BU.1 ?
Chair Hardemon: That's correct.
Mr. Rose: Thank you, Mr. Chair. BU.1 is the monthly budget report. I admittedly
sent out the report during the break here today. I was not able to get it out before
the meeting; my apologies to all. The books for the month closed on July 12, thereby
ending the third quarter of the fiscal year. We're now projecting a year-end budget
surplus of 33.9 million, which is 38.5 in the General Fund and 4 -- a deficit of 4.6 in
the Internal Service Fund. Of this --
Commissioner Gort: Wait a minute, wait a minute. Let's start again --
Mr. Rose: Sure.
Commissioner Gort: --from the beginning. Go ahead.
Mr. Rose: Okay. The books for the month of June closed on July 12, 2018, thereby
ending the third quarter --
Commissioner Gort: Right.
Mr. Rose: --of the fiscal year. We're now projecting a net year-end budget surplus
of $33.9 million. This is 38.5 million from the General Fund, and a deficit in the
Internal Service Fund of 4.6 million, primarily health and workers' comp that we've
talked about in the past. Of this, 11 million is restricted in the Building Department,
and we're required to keep 5 million for the Financial Integrity Principles. This does
not include any negotiations that are underway, any mediations that are underway,
or any open court cases. The City of Miami's General Fund balance would increase
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City Commission Meeting Minutes July 26, 2018
by $9.4 million, but all of it would be restricted increase, because it was part of the
11 million that's in the Building Department. It would increase over the 59 -- the
160.1 million that was last year's General Fund, fund balance -- would go up by 9.4
million. But out of that 160, 59.8 of it was unrestricted, or unassigned. That number
would actually go down by $1.6 million if these projections all hold true, because the
11 million is higher than the $9.4 million. So the reason for that is we're using some
fund balance from prior year for one-time expenses between the budget, as adopted
and as amended in the midyear budget amendment. So the City will likely achieve
an aggregate total, meeting the 20 percent requirement of the Financial Integrity
Principles, but we will likely not meet the requirement of 10 percent in the
Unrestricted Fund. That is where we are today; that's what it looks like is going to
happen at the -- on September 30 of this year. The rest of the detail is in the report,
as you see it. The revenues and expenses year to date point out that the proposed
budget was delivered to each office on July 9, and it was filed with the Clerk, and put
on the City's website the same day. I'll be happy to take any questions you have at
this time.
Commissioner Reyes: You said that on building -- in restricted funds that we have in
Building is $11 million only?
Mr. Rose: Of the projected budget surplus --
Commissioner Reyes: That's right.
Mr. Rose: --11 million of it is restricted.
Commissioner Reyes: Restricted?
Mr. Rose: Yes, sir.
Commissioner Reyes: Did that -- those funds went down? Because before all that, I
misunderstood that they were higher before.
Mr. Rose: This is the one-year amount; not the accumulated --
Commissioner Reyes: The one-year amount. Okay. It is not the total.
Mr. Rose: No, sir.
Commissioner Reyes: The total, how much is it?
Mr. Rose: That's 70 million, thereabouts.
Commissioner Reyes: About 70 million. We have about 70 million --
Mr. Rose: And it would go --
Commissioner Reyes: -- dollars restricted for building, from the Building
Department?
Mr. Rose: We would have about 70 million. It's about 60 million --
Commissioner Reyes: We'd have at the end of the year?
Mr. Rose: -- increasing by 11 would be about 71 million.
Commissioner Reyes: 71 million?
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Mr. Rose: Very round.
Commissioner Reyes: That is restricted, and we cannot touch it --
Mr. Rose: Yes, sir.
Commissioner Reyes: -- unless we have some changes?
Mr. Rose: Changes in several laws; yes, sir.
Commissioner Reyes: That's right. Okay. Thank you.
Mr. Rose: You're welcome.
Chair Hardemon: Thank you very much, sir.
Mr. Rose: Thank you.
END OF BUDGET
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PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S)
Chair Hardemon: Now, I want the translator to let everyone know what items were
deferred or withdrawn, so they don't have to make public comment on items that
we're not hearing, so I'll say it, and then you can just repeat after me. That may
make it easier.
Commissioner Gort: Yeah.
Chair Hardemon (as translated by Official Spanish Interpreter Maria Aguero): I
want everyone to listen very closely. I'm going to say a number of different items
that are going to be either deferred or withdrawn, which means that we're not going
to hear them today, which means that we won't take any public comment on those
items today. So if you came for these particular items, I want you to know that you
will not be allowed for public comment on these items that I will tell you now: PZ.2,
PZ. 3, PZ. 4, PZ. 11, PZ. 12, PZ. 13, PZ. 14, PZ. 16, and PZ. 17. All of the other items,
we will be hearing public comment on. Okay. So at this time -- thank you.
Maria Aguero: Okay.
Chair Hardemon: So at this time, I'm going to open the public comment for the rest
of the PZ agenda. If you're a member of the public and you want to speak on any of
the items on the PZ agenda, please state your first name, your last name; you may
state your address; and then, which item it is that you're hereto speak about. Once
again, I'm going to open up public comment. You can approach any of the two
lecterns. State your first name, your last name, what item it is that you are speaking
about; and then, you may state your address. You're recognized, sir; your turn.
Geoffrey Bash: Mr. Chairman, Geoffrey Bash.
Chair Hardemon: Lift it up. Yeah.
Mr. Bash: 448 Northeast 39th Street, in Miami. I delivered copies of letters to the
City Clerk to be delivered to all of you to put onto the record with regard to the
withdrawal of PZ.3 and 4, and I --
Chair Hardemon: There was no -- to be clear, the -- what we talked about earlier --
Mr. Bash: Yes.
Chair Hardemon: -- there was no direction in that -- in this motion; it was just a
withdrawal.
Mr. Bash: Okay. Well, the attorney is requesting a special privilege that you waive
the normal and customary waiting period before they can reapply, and the neighbors
and the communities were asking that you deny that request in the last paragraph of
the letter.
Chair Hardemon: We haven't had -- we didn't address that, so right now, it's just a
withdrawal. So you're -- the neighbors are in the favorable side of this as of today.
Mr. Bash: Thank you.
Chair Hardemon: You're welcome. Thank you.
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Arva Jain: Arva Jain, 720 Northeast 69th Street, Miami. I'm here to speak on
PZ.15, and how it relates, also, to some of the deferrals for the 7 --for the 13th. I
want to first thank the staff and Commissioners, Chairman, Vice Chairman,
Commission for what is, I think, a very innovative, special benefits legislation. I
think that the density and thoughtful transit -oriented development areas is part of the
affordable housing solution, and the incentives for neighborhood building through
historic preservation -- not by mandate, but by choice -- is very appreciated. This is
a legislation that trickles down to small developers, you know, like myself, who --
where historic preservation really isn't feasible without your help. So again, thank
you. I think this is a very positive win-win legislation, and very grateful. Thank you.
Chair Hardemon: Thank you. Ma'am?
Diamara Perez: Hello. Good afternoon. Diamara Perez, 7416 Southwest 48th
Street, Miami, Florida 33155. I'm here to speak regarding PZ. 6, Arts Luxury. I'm a
real estate broker, and my company is ABIG Real Estate. I work in the area where
this development is seeking to be built, and I'm here to ask you for your support in
this item, because I believe it's going to be beneficial to my clients looking -- that are
looking to live in the area for several reasons. One of the main reasons is that there
is a shortage of rental apartments in the area, especially around Brickell and in
downtown, so my clients, many of them cannot afford to buy, and they're looking to
rent. Also, they work in the area, and we all know that traffic is hectic. So let's say
that if they live south, the commute could take them a couple of hours if they work
downtown. Many of them also have families, so it becomes a struggle to
accommodate a family in a studio. So I'd really appreciate if you guys consider this
item so that larger units could be built where families could be accommodated, and
where we could really sort of change the tone, and help these young families that are
looking to thrive in the area, by also, you know, reducing the commute, and helping
the rest of the community. By doing so, I will greatly improve my business; and, for
sure, the businesses of the people in the area. So please consider this item, and I
hope you could make it happen. Thank you.
Chair Hardemon: Thank you very much.
Raul Ortiz: Afternoon.
Chair Hardemon: You're recognized, sir.
Mr. Ortiz: Good afternoon. My name is Raul Ortiz. I live in 1809 Brickell Avenue.
Here we got some of our friends, neighbors, and families, and we understand that the
place in Allapattah is to take us from Brickell to Allapattah. As you understand, we
are -- have our doctors, we have our family very close to us. Like I say, all these
people here are friends, and neighbors, and are families, and we don't really like to
be separate. Thank you very much, and you have a nice afternoon.
Chair Hardemon: Thank you, sir.
Giuseppe Mantica: Good afternoon to the Commission. My name is Giuseppe
Mantica, 2350 Southwest 27th Avenue. I am here today to speak in favor of Item
PZ.6, because of two reasons: One, because of the quality of the developer behind
the request. And two, because the request makes sense. Regarding the developer, J.
Milton is one of the most reputable local builders in South Florida. The family
behind it is constantly giving back to the community in many forms, be it as a
donation, to build -- to improve City parks; as a donation to provide scholarships for
local kids; or even donations to build hospitals. It is important to note that J.
Milton's business motto is, "Build to keep and not build to sell." And this is
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extremely important, because they are extremely rooted to the community. This
business model has allowed J. Milton to now own around 10,000 units, most of them
located within the Miami -Dade County, making J. Milton one of the top real estate
taxpayers in the County, paying $10 million -- around $10 million alone in 2017 for
the properties located within the County. I encourage the Commission to also take
into consideration the number of temporary and permanent jobs that this project will
create, in addition to the hundreds of people that J. Milton employs for its regular
operations. And why do I say that this project makes sense? The change in zoning
will allow the developer to build bigger units, and bigger units are more roommate -
friendly. As a young professional who has lived with a low salary in Miami, I can
guarantee that the best solution for me at the time was not to have a
(UNINTELLIGIBLE) unit that was still too expensive for me to pay by myself, or too
small to share, but to have a big enough unit that I could share it with a roommate.
It is because of this -- all these reasons that I urge you to facilitate the developer's
investment by approving Item PZ.6. Thank you.
Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Rosario Tarazona: Good afternoon. My name is Rosario Tarazona. It's very --
Spanish, please, okay?
Chair Hardemon: Okay.
Ms. Tarazona: (Comments in Spanish; not translated)
Chair Hardemon: "Uno momento, por favor" (Comments in Spanish not translated).
Commissioner Gort: Senor, un minuto.
Ms. Tarazona: Okay.
Chair Hardemon: I think this is the first time --
Ms. Tarazona: Okay, thank you.
Chair Hardemon: You're welcome.
Ms. Tarazona (As translated by Official Spanish Interpreter Maria Aguero): I'm a
US citizen of 76 years old. I work all my life, and I live in Stanley from five years
ago. When I moved into the building, nobody told me that I have to move out. After
September I of 2019, my husband and I wouldn't have any place to go. To go to
another place will be very expensive, and I can't permit myself that luxury. The
waiting list for another kind of affordable housing will -- is going to last years and
years. We're asking you to -- your help and to be a support for us. That is your
duty; to help us, and to take care of us. Let me ask you something. What have you
done to avoid this to happen? What defense actions are you -- have you done to
defend our house? If you can't help us, to whom -- who could ask it --for it? What
about the thousands of people that, like us, are in the same situation? There are
another citizens like us that are incapacitated, and they are left to their fortune. We
need a precise response and concrete to our helplessness and to -- daily helplessness
and anguish. Thankyou very much.
Marcela Perez: Good afternoon. My name is Marcela Perez, and I live at Brickell
Biscayne, 150 Southeast 25th Road, Miami 33129. I'm here to speak for PZ.5, Item
PZ. 5. My mom is a resident at the Stanley Axelrod Towers. She's 74 years old. She
was on a waiting list for three years to get into the Towers to then find out that next
year, she may lose her home. She's lived in Brickell for the last five years; two
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years, she lived with me, and she acclimated herself to understanding how to get
around. She feels comfortable here. Her friends are here. She's made a lot of
friends in the new building who are now my friends. And it's devastating to find out
that they may be kicked out of their home with no place to go, with not of equal
quality of life. They are on fixed income, and this does not come easy at their age, to
get up and pick up, and try to learn new things. Their doctors are here, their
churches are here, their friends are here, and this is their home. Brickell is their
home, and Stanley Rod -- Axelrod Towers is their home. The options that they're
being given are not good options or solutions. And so, I am asking for the council --
the City to really step in and help find a viable, fair solution for their situation, and
not have them kicked out of their home. At their age, I guess it's very hard to
acclimate to things; learning new things does not come simple. Some of them are
90 plus years old. Most of them have lived here and are in similar situations. There
are many things that are being promised to them that are not true. They're being
falsely guided as to what this new place looks like and sounds like, and will feel like
to them. And they're being told things that are very confusing on purpose. If you ask
them to come to lunch, they will go have lunch. They like those things. And some of
these things are being waved and offered to them just to kind of side with some of the
decisions that these developers, owners are looking to obtain and get for their own
greed and for their own sake, and forget about the real people who live here. I ask
that you do what's right for them. I ask you do what is ethical and lawful on their
behalf. I ask that you set a good example for the future. The elderly is part of the
community here in Brickell -- not just the young -- and they need help and guidance,
and they need someone to really speak for them. This has been a long day for them.
They haven't had lunch. It took them since 11 o'clock, 10 o'clock this morning to
prepare to come here, and that's not an easy task, and this is not even a quarter of
who lives in that building.
Chair Hardemon: Thank you.
Ms. Perez: So please help support this initiative, and do what's right for them.
Chair Hardemon: Thank you very much.
Ms. Perez: Thank you.
Chair Hardemon: Sir, you're recognized.
George Cabrera: Good afternoon. My name is George Cabrera, 690 Southwest 1st
Court. I'm here today in support of PZ. 6. Being from that community, supporting
that community, and seeing the development as a -- my former employer of building
schools and beautifying that area, I'm here today to talk about how important it is to
approve PZ.6. I strongly support the Milton family with this project. It's a project
that this community strongly needs for the beautification and for -- also, to have
more families moving into the -- into this facility, where they will be comfortable,
and have our area improve a lot more. So please, I urge you to please support --
join mein supporting the Milton family with PZ. 6. Thank you.
Chair Hardemon: Thank you. Madam, you're recognized.
Luz Marina: Good afternoon. My name is Luz, and I live in Brickell.
Commissioner Gort: No, get her a mike, please. They got a mike.
Ms. Marina: And I don't want to get too emotional, which I do, but we're too old.
We need help. We cannot be moved from home. Please help us. Thank you.
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Chair Hardemon: Thank you. Ma'am, you're recognized.
Myriam Villamizar: Hello. My name is Myriam Villamizar. I'm 71 years old. I live
in Stanley Axelrod Towers, 1809 Brickell Avenue. I moved there three years ago,
and when I moved, I was never told that four years later, I would have to move out.
As you well see, it's very difficult for me to pack and go, even look for a place to live.
There is -- besides the fact that there is no affordable housing available for us. And
I'm not only speaking for myself. There are -- we have hundred -year-old people in
our building. We have become a community, a family, where we hold church in the
same building. I'm not afraid to go out on my scooter and go food shopping. What
would you be able to do for us, Commissioners? We need help. There's hundreds,
thousands being retired; all the baby boomers are being retired. What are you going
to do for us? There's no affordable housing, and we live here. We've lived here all
our lives. I was a middle-class person. Now I'm low, low-income person, because I
no longer can afford to work. I've lost my home during the economic crisis. We
need help. We need help. What would you be able to do for us, or do you have
anything in plan? Just when you go to sleep every night, think of the thousands of
seniors that are in this predicament. We were all taxpayers atone time. Thank you.
Chair Hardemon: Sir?
Herman Lopez: I am talking about PZ. 5. My name is Herman Lopez. I am 90 years
old. I am living in Stanley Rod -- Axelrod Towers. During 11 years, nobody told me
that I have to leave, and after September 5, 2019, I have no place to go. I need
(UNINTELLIGIBLE), because it is -- the waiting list for this housing for me is years
long, so please help us. Okay, thank you.
Chair Hardemon: Thank you, sir. Sir.
Sonless Martin: Good afternoon, Commissioner. Sonless Martin.
Commissioner Gort: Bring the mike up.
Mr. Martin: Good afternoon, Commissioner. Sonless Martin, 14050 Northeast 6th
Avenue, North Miami, Florida 33161, here in support of PZ.6; just asking the
Commission, could you please vote in favor of PZ.6 for the Milton family? Thank
you.
Chair Hardemon: Thank you, sir. Ma'am?
Mildred Berry: Good afternoon. My name is Mildred Berry, and I am the owner of
property located at 235-237 Northwest 52nd Street, and have been the owner since
1968. Recently, the Commission approved of a bar on 53rd Street, and you
approved that. Now, according to the new resolution, they're asking for extended
hours in that area, but I'm requesting that the hours not be extended, because
primarily in that area are low-income working people. There are no other bars in
that area, so there is not competition that they would need to compete with someone
else. What I'm asking for is that the quality of life for all of those people who live in
that area not be upended any further than already the bar is going to impede. Thank
you.
Chair Hardemon: Thank you, ma'am.
Miguel Otero: Good afternoon. My name is Miguel Otero. I live at 1809 Brickell
Avenue. I am a member of the tenants association. I move over there four years
ago. I had no idea what was going on, because two days after I move, they told me,
"You going to be here only until September 19. " I couldn't back up, because I had
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already left my previous residence. What I found out was that the ownership and the
administration on this particular site, you know, have been very, very unfair to us,
okay? However, we love the place, because it's safe, near to transportation, medical
site, and stuff like that. And since most of the seniors can hardly move or walk with
difficulty, or even ride down the elevator, you know, the close transportation is easy
for them. They feel safe. They feel safe. Now, HUD (Department of Housing and
Urban Development) ends the program with this owner and administration on
September 1, 2019. They have been talking to us for about four years, saying the
same thing. "We're going to take care of you. We have the solution. We have your
answers." We never had an answer from them. They never told us anything specific.
We were forced to create an association so we could get some answer, that we could
fight for the seniors, and that was the only way that we could get these people to
come and tell us what was going on. What we found out is that that was it. HUD
had no money for us. There are no vouchers. They talking about they have
vouchers. That's not true, because it haven't been true. And like I said, we love the
place, but the way it is right now, many of these people cannot even afford to leave.
They cannot afford to pay higher rent. And on top of that, they have created the item
on PZ.S as an option to us. This is not really feasible. The area is okay, no problem,
but the lot itself, I heard it's a little small. You know, you put a building in there, you
have nearly no space around for the people to walk around. You know, they going to
be inside the lobby all the time. We are looking for something -- we are not looking
for luxury or nothing like that. We just like any other senior. We would like to have
a place where we can afford to pay our rent. How it's going to be done, we really
don't know.
Chair Hardemon: Thank you very much.
Mr. Otero: Okay. What the owners and the administration are telling us doesn't
solve the problem. And my neighbors from 60 to 101 year old, they are my friends,
they are my family. We are desperate. We need an answer.
Chair Hardemon: Thank you, sir.
Mr. Otero: Thank you.
Chair Hardemon: Sir, you're recognized.
Angel Martinez (As translated by Official Spanish Interpreter Maria Aguero):
Hello. My name is Angel Martinez. I am 71 years old. I live in 1809 Brickell
Avenue, Apartment 1709. I'm dis-capacitated [sic], and I suffer from skin cancer. I
have had more than eight surgeries. And I am an American citizen. I have worked
all my life and I have been living in this community. I'm a retired person. I've been
living in Stanley Axelrod Tower for three years now. When I moved in, nobody told
me that I have to move out after September I of 2019. The waiting listing for me for
another affordable housing will be several years. I'm going to ask you a question.
What can you do for this not to happen? What are you doing to save our homes?
Why do you permit that somebody else do this to us? In this moment that I'm
speaking to you, personnel of the company are recording everybody who is speaking
for Stanley. Thank you very much.
Maria Luisa Riera: Good afternoon. My name is Maria Luisa Riera. I have lived at
the Towers for 18 years. I think I'm one of the oldest one there. My parents used to
live there, too. So when I moved in, I didn't know we were going to tell -- they were
going to tell us we have to move out in September 1, 2019. I think you gentlemen
could do something for us. I -- we need your help. And, you know, the house -- the
affordable housing, there's none. We need affordable housing, and I think maybe
you can help us. That's the only thing we -- I'm asking you; to help my -- I'm in -- I'm
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80 years old. My husband is 86. We need a place to live. So the -- I hope you can
help us. I know you can help us. I really thank you for listening to us today. Thank
you. Have a nice evening.
Vice Chair Russell: Thank you.
Isis Ruiz: Good afternoon, Commissioners. My name is Isis Ruiz. I am an
American citizen. I have work all my life, and I live herein this community. I have
lived in Stanley Axel [sic] Towers for six years. When I move in, nobody told me that
I have to leave after September], 2019. I can't afford to go any other place. I have
all my doctors in this area; my family, my friends, they live in the same building.
The waiting list -- the affordable housing, for me, is years long. Most of you know
and have an idea of our situation. What can you do to prevent this from happening?
What are you doing to save our home? Why are you letting them do this to us?
What about thousands of people, just like me, who are in the same situation? What
are you doing to help us? What will you do to help us? Thank you.
Juan Piniella: Good afternoon. My name is Juan Piniella. I live in 1809; eight
years I've lived there. I'm American citizen. I came to --1951 I came over here, and
I live therefor eight years now. And now we find out that -- nobody told us that in
2009 [sic], we have to leave the place. And I wondered if the Commissioners, maybe
they can do something about it, so, you know, that condition. That's it.
Vice Chair Russell: Thank you.
Sherman Rattner: I promise you won't have to hear from me again today. My name
is Sherman Rattner. I live at 1809 Brickell Avenue, and I want to just clarify why all
these people from 1809 Brickell Avenue are talking about a project in Allapattah.
The owner -- not us -- has linked the two projects together. He has come and told us,
he's told Commissioners, he's told HUD that he acquired this property for the
purpose of basically moving the people out of 1809 Brickell when it expires and
putting them over there. There are many deficiencies with that problem. Not all
affordable housing is created equal. I previously sent to you -- at least one
deficiency is that it should not even be considered for a zone change based on the
rules, which I believe the Planning Department is analyzing my basis of doing that.
The Planning Department was opposed to this project, the Planning Appeals Board
was opposed to this project, and it's not simply because, as you know from this
morning, I would do anything to increase affordable housing, but this doesn't
actually do that. It actually facilitates the removal of affordable housing. I have
asked the developer to please defer action on this project, but they have said they're -
- you know, they have a timeline. Well, we have a timeline. Our timeline is that after
September 1, 2019, we are basically without a home. This will not provide a
solution to that, because it couldn't possibly be ready, and there is not one guarantee
in there that there will be even one affordable house, and it amounts to a million -
dollar giveaway tune. I am happy to work with him to resolve these issues, but he
cannot do this to the residents of 1809. Thank you.
Chair Hardemon: Thank you very much. I'm going to close the public comment at
this time.
PART B: PZ - PLANNING AND ZONING ITEM(S)
Chair Hardemon: All right. Let's just get everyone prepared for the -- Raise your
hands if you're here for public comment on the PZ (Planning & Zoning) agenda.
Raise your hand if you're here for public comment on the PZ agenda. Okay. Can
you say it in Spanish for me?
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Commissioner Carollo: Si.
Chair Hardemon: Okay. So what I'll do is this: Let's transition to the PZ agenda to
have public comments so we can get some of these individuals, if they need to leave,
out; and so, let's do that. So Madam City Attorney, can you read the PZ -- is there a
PZ --? No. It goes straight to --? Yeah, we do have one, right?
Commissioner Carollo: Yeah, there is a PZ.
Chair Hardemon: Can you read the PZ script?
Victoria Mendez (City Attorney): Thank you, Chairman. PZ items shall proceed
according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is
heard, all those wishing to speak must be sworn in by the City Clerk. Please note,
Commissioners have been briefed by City staff and the City Attorney on items on the
agenda today. The members of the City Commission shall disclose any
communications, 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 support or withhold objection to the requested
action, pursuant to City Code Section 2-8. Any documents offered to City
Commissioners that have not been provided seven days before the meeting as part of
the agenda materials will be entered into the record at the City Commission's
discretion. Thank you.
Chair Hardemon: Thank you very much. Sir, can you read it into the record?
Todd B. Hannon (City Clerk -as translated by Official Spanish Interpreter Maria
Aguero: Good afternoon, ladies and gentlemen. If you will be speaking on any of
today's Planning & Zoning items, may I please have you stand and raise your right
hand? And repeat after me.
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.
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Chair Hardemon: Thank you very much. Mr. Garcia, can you let us know if there
are any items that need to be deferred, continued, or withdrawn?
Francisco Garcia: Glad to, sir. Francisco Garcia, Planning Director. And there
are a few items that are going to either be proposed for deferral or actually
withdrawn. They are as follows: I have Item PZ.2, to be deferred to September 27.
I have Items PZ.3 and 4, voluntarily withdrawn; Items 11 and 12, to be deferred to
September 27; 13 and 14, to be deferred to September 27; 16, to be deferred to -- I
believe it's September 13; and Item PZ. 17, to be indefinitely deferred.
Vice Chair Russell: Could you read it back, Chairman?
Chair Hardemon: Okay. So, Mr. Garcia, can you repeat it, please?
Mr. Garcia: Glad to, sir. PZ. 2, September 27; PZs.3 and 4, withdrawn; PZs.II and
12, September 27; 13 and 14, September 27; PZ.16, September 13; PZ.17,
indefinitely deferred.
Chair Hardemon: Okay. Is there a motion in accordance?
Vice Chair Russell: I'll move it.
Chair Hardemon: So moved --
Commissioner Gort: Second.
Chair Hardemon: -- by the Vice Chairman; seconded by Commissioner Gort.
Vice Chair Russell: One comment, please.
Chair Hardemon: You're recognized.
Vice Chair Russell: Thank you. On PZ.3 and 4, this is a application on 3801, which
has been in some process for nearly 10 years. For this developer to remove this -- to
withdraw this application is a significant step on their part. I believe they have been
listening to the residents and working with my office, and I'm very thankful to them
for withdrawing this application. That's it.
Chair Hardemon: Okay. All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
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PZ.1
RESOLUTION
3181
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION
Planning
FOR EXTENDED HOURS OF OPERATION PURSUANT TO ARTICLE
AYES:
4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 4
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
ALLOW A BAR TO OPERATE FOR EXTENDED HOURS IN A
GENERAL URBAN TRANSECT ZONE (T4 -L) FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5300 AND 5310 NORTHWEST 2
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-18-0350
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Ken Russell, Vice Chair
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For additional minutes referencing Item PZ.1, please see
"Public Comment Period for Planning and Zoning Items. "
Chair Hardemon: We are now in our PZ (Planning & Zoning) agenda.
Commissioner Reyes: The agenda --
Chair Hardemon: We'll call --
Commissioner Reyes: -- back to the PZ agenda.
Chair Hardemon: -- PZ, right; on PZ agenda. So --
Commissioner Reyes: Okay.
Chair Hardemon: -- let's bring our attention to the PZ agenda. PZ 1. Madam City
Attorney, I'm not -- I don't have it in front of me just yet.
Victoria Mendez (City Attorney): P --
Chair Hardemon: Is PZ.1 an ordinance?
Ms. Mendez: It's not an ordinance; it has to do with hours of operation for a
property at 5300 and 5310 Northwest 2nd Avenue, in your district.
Chair Hardemon: Thank you. The Chair would like to entertain a motion to
approve the item.
Vice Chair Russell: I'll move it.
Chair Hardemon: Been properly moved.
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Commissioner Carollo: Second.
Chair Hardemon: Seconded to approve PZ. 1. Is there any further discussion on
PZ.1 ?
Javier Fernandez: Chair, if I just may, for the record? I apologize.
Chair Hardemon: Yes.
Mr. Fernandez: Chair, Javier Fernandez for the record; law office at 1450 Brickell
Avenue. We are in concurrence with staffs recommendation of approval. This item
was unanimously approved as to use by PZAB (Planning, Zoning & Appeals Board).
We do have one comment with respect to Condition W" -- two clarifications: One is
the language reads, "Hours of Operation." It's my understanding that the
restrictions are on the hours of alcoholic beverage sale. My client would like to -- he
will have a full-service kitchen on the property and would like to potentially open
earlier to sell breakfast to folks in the neighborhood, for example, so we'd like a
clarification of that language, if we could. And then, at PZAB, this item was
approved under the prior version of the Code that allowed for sales to commence at
7 a.m. We'd like for that -- this condition to be modified, consistent with that prior
order, it it's -- the board so will.
Chair Hardemon: Wait. So step by step --
Mr. Fernandez: Sure.
Chair Hardemon: The Part X, " I would like the mover and the seconder to agree to
that; that it's -- that basically, you're not limiting --
Mr. Fernandez: The operation to be -- the establishment.
Chair Hardemon: -- the operation, so you want to sell food so --
Mr. Fernandez: Our sales of alcohol, sir.
Chair Hardemon: -- and the sale of alcohol.
Vice Chair Russell: Accept.
Ms. Mendez: Right; but that means that -- no Bloody Marys at breakfast, though.
Mr. Fernandez: Correct, yes.
Ms. Mendez: Okay.
Mr. Fernandez: We understand.
Commissioner Gort: Why not?
Mr. Fernandez: We just want to be able to sell biscuits and bagels at 6 a.m.
Commissioner Gort: That's the best thing for hangover.
Unidentified Speaker: And red eye.
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Chair Hardemon: Is there a letter that you're referring to, or are you -- is that a
part of this?
Mr. Fernandez: Yes. It's Condition "K" in the proposed resolution.
Chair Hardemon: Now, I heard Condition X. " Let me see.
Mr. Fernandez: It says, "Alcoholic service establishment will be strictly limited to
the following hours of operation." We'd like to say, "The following hours of sale for
alcoholic beverages. "
Chair Hardemon: No, we have that part. We already reviewed that.
Mr. Fernandez: Okay, got it, yes.
Chair Hardemon: So what's the next thing?
Mr. Fernandez: The next thing, it says the hours are 11 a.m. to 5 a.m. And again,
11 a.m. to 5 a.m., Friday and Saturday, and then 12 p.m. to 5 a.m. As to Sunday, we
are in agreement. Currently, under our PZAB exception, we are authorized to sell,
commencing as of 7 a.m.; and so, we'd like this condition to be changed to show 7
a.m., Monday through Saturday, essentially.
Chair Hardemon: And tell me, how did the difference in the times come about?
Mr. Fernandez: I thinkprobably the operator is best suited to address that question,
so ifI may introduce my client, Adam Gersten?
Adam Gersten: Hello. Adam Gersten, 176 Northwest 24th Street. I own Gramps in
Wynwood, and this would be Gramps 2 in Little Haiti. I don't anticipate selling a lot
of Bloody Marys with breakfast, but the possibility that -- for example, like when we
had World Cup -- great example. You have an early game. You may serve an early
brunch, and you may want to sell Mimosas, beer, and Bloody Marys at that time;
granted, that'll be another four years, but --
Chair Hardemon: But my question more particularly, is how did the difference from
7 a.m. and 11 a.m. come about?
Mr. Gersten: Oh, "How did it come about?" I'm sorry.
Mr. Fernandez: (UNINTELLIGIBLE) my apologies. So we -- this application was
filed under the prior version of the Code, which allowed hours of operations for bars
as a standard window of 7 --for sale -- sorry, not as operation -- hours for the sale
of alcohol between the hours of 7 a.m. and 3 a.m. That was recently amended -- I
believe this January -- to shorten the morning hours to 11 a.m. to 3 a.m.
Chair Hardemon: Now, the -- what ordinance was that amended with? I'm trying to
be current.
Francisco Garcia (Director, Planning): The citywide alcoholic beverage ordinance
earlier this year.
Mr. Fernandez: Correct.
Chair Hardemon: The citywide.
Mr. Fernandez: Correct.
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Chair Hardemon: And in that ordinance, we had certain areas that could and could
not go beyond--?
Mr. Garcia: That is correct; although, this particular site is not on any of the
special districts; therefore, the default citywide regulations would apply to this site.
Chair Hardemon: And can you describe how you believe that that wouldn't be --
have a deleterious effect in the neighborhood?
Mr. Fernandez: Well, we've discussed this issue at length with the neighbors prior
to filing, subsequent to filing, and I'd like to, if I may, introduce even letters of
support. We have an --they are in the packet currently, from the local neighborhood
association. Right now, the area is very underserved from a commercial and retail
perspective. I think my client is not looking to have a destination establishment here.
This is really on the scale of a neighborhood bar. It's an existing historic use.
There's been a use to that effect on the property at various points in time in its
history. We're actually seeking to physically recreate the old bar that was there back
in the 1920s, octagonal -shaped, etcetera, so we're restoring the use. We're
restoring the historic character of the building, and we believe that that just provides
him the flexibility to service some unique demand, as it may arise in the
neighborhood. I don't think it's his intent to operate every day and sell alcoholic
beverages at 7 a.m. We don't think there's a demand for that. But it is -- we'd like to
preserve that flexibility that we were able to obtain from PZAB.
Chair Hardemon: The only thing you can buy at 7 a.m. that there's a demand for is
typically cheap beer, dollar beers. You sell dollar beers?
Mr. Gersten: We can ifyou'd like that, sir.
Chair Hardemon: No, no, I'm not going to --
Mr. Gersten: No, no.
Chair Hardemon: All right. The Chair will be amenable to the request.
Mr. Gersten: Thank you.
Chair Hardemon: So -- if the mover and seconder would agree to it.
Vice Chair Russell: Yes.
Commissioner Carollo: Yeah, I certainly would. I envy you, Chair.
Chair Hardemon: Say it again.
Commissioner Carollo: I envy you.
Chair Hardemon: Tell me how.
Commissioner Carollo: That you are -- you get to have liquor lounges in your
district that have license, unlike in my district, that I got at least one without a
license, and they give you a full kitchen inside. In this particular place, they had a
food truck without the caboose for years. I envy you. You get that accomplished,
and, you know, I got the blind Code Enforcement guys in my district.
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Ms. Mendez: So, Chairman, I just wanted to --for the record, this is -- the alcohol
sales is 11, starting 11 a.m., correct?
Chair Hardemon: No.
Mr. Fernandez: So we are -- we have an existing exception that was approved in
October 16 of 2017 that established our standard operating hours from 7 a.m. to 3
a.m. What I'm asking is that the -- we recognize that existing approval in this order,
and ask for the granting of additional hours.
Ms. Mendez: Okay. So you weren't being clear.
Mr. Fernandez: Yeah.
Ms. Mendez: So then, what needs to be addressed by the Commission --?
Mr. Fernandez: Correct.
Ms. Mendez: -- is if they want to extend your hours till S a.m. --
Mr. Fernandez: Correct.
Ms. Mendez: -- they can --
Mr. Fernandez: Yes.
Ms. Mendez: --limit your hours in the morning. They do not have to give you that 5
a.m. if you're going to continue using your 7 a.m. to 3 --
Mr. Fernandez: We're not taking that position. We are simply asking to extend; and
we're asking, as well, if they will honor the existing hours that were approved by
PZAB; you're correct there.
Ms. Mendez: Well, but that is their -- okay. So I just wanted --
Mr. Fernandez: That's for discussion, yes.
Ms. Mendez: -- the Commission to know their options, so thank you.
Mr. Fernandez: Appreciate the clarification.
Chair Hardemon: So right now, most of the alcoholic facilities can only serve
alcohol till 3 a.m.?
Mr. Garcia: That is correct. And what is before you today is the possibility to
extend those from 3 a.m. to S a.m.
Chair Hardemon: So just -- what we've seen in other neighborhoods is that when
people drink up to 5 a.m., they end up --
Commissioner Reyes: Drunk.
Vice Chair Russell: Happier?
Chair Hardemon: -- meeting residents in the neighborhood who are going to work
that early in the morning --
Mr. Fernandez: Sure.
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Chair Hardemon: -- and then typically causing some sort of disturbance. We
certainly don't want that to really -- we don't want it to happen that way. And it is a
neighborhood.
Mr. Fernandez: Yeah.
Chair Hardemon: And so, with the clarification that was made, would you -- well,
with the clarification that was made, it looks to me that what would probably be the
responsible thing would be, if you want to do a 7 a.m., where people can come and
have a Mimosa with their breakfast if they choose to that maybe then limiting to 3
a.m. the sale of alcoholic beverages will probably be prudent; doesn't mean you
can't close at 5 a.m.
Mr. Fernandez: Sure.
Chair Hardemon: But -- and certainly, if you're drinking at 3 a.m., to have an
additional couple hours to buy some food, to calm that hangover effect that you're
going to have in the morning wouldn't be a bad thing. I mean, this is -- it's a new
bar.
Mr. Fernandez: Correct.
Chair Hardemon: It's new to the area. He's had tremendous success in the
Wynwood area.
Mr. Fernandez: Sure.
Chair Hardemon: Certainly, the improvements --
Mr. Fernandez: It's a different scale in the Wynwood area. I don't want to -- I -- we
Chair Hardemon: Right. I mean, it's --
Mr. Fernandez: -- I mean, it's a much smaller concept than --
Chair Hardemon: This is true.
Mr. Fernandez: -- something you've experienced there. And so, we --
Chair Hardemon: It's near a park, it's near neighborhoods, et cetera, so --
Mr. Fernandez: Sure.
Chair Hardemon: -- you know, I think that would probably be the most prudent --
Mr. Fernandez: Can we have just a quick minute, just to confer? And we'll be very
quick. Commissioner, if you -- I think Adam raised a good point. We certainly do
not want someone holding over for the whole 24-hour period, sitting in a bar; that's
not our intention here. So we'd be -- ifyou would be amenable to allowing us to sell
to 5 a.m., potentially, we would be happy to curtail our base hours to maybe not sell
before 9 a.m. That would still allow us to have a Sunday brunch, or, you know,
occasionally service a special event, a special occasion, in the early morning hours.
Chair Hardemon: Well, I would say that your establishment should be open until 5
p.m. [sicJ.
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Mr. Fernandez: Sure.
Chair Hardemon: Alcohol sales end at 3 a.m.
Mr. Fernandez: Okay.
Chair Hardemon: But also, give you the opportunity to open up at 7 a.m. to have
brunch.
Mr. Fernandez: That's what we have today, so -- based on the PZAB approval -- so
if that's -- you know. I think my client is willing to compromise some of his -- the
rights he has currently, which is 7 a.m. to 3 a.m., if there's a -- ifyou're amenable to
extending the 5 a.m., we'd be appreciative of that. We're certainly happy to scale
back some of the early morning hours and not sell before 9 a.m., if that's something
you could approve.
Chair Hardemon: Are there any other places that we know of that sell beyond 3
a.m.?
Ms. Mendez: There are places that sell beyond 3 a.m., but with conditions, right?
There's conditions that are placed. The conditions that were placed here was, if they
want to go till 5 a.m., then they're going -- it's going to be from 11 a.m. to 5 a.m.
Mr. Fernandez: We -- and --
Ms. Mendez: If they want to maintain their current practice, it's 7 to 3.
Chair Hardemon: I think -- and -- okay.
Mr. Garcia: If I may, a couple of points of clarification, and I hope this helps. They
don't have a current practice, because they don't have a current certificate of use;
full stop.
Mr. Fernandez: Sure.
Mr. Garcia: Next stop: It is true that the PLO, in considering the application,
made reference to a start-up operation time of -- I believe it was 7 a.m. In doing so,
the PZAB was not granting a special concession. It was simply mirroring the
language that at the time existed in the City Code.
Mr. Fernandez: That's correct.
Mr. Garcia: Further, the City Code was amended by the City Commission to reflect
that hours of operation should commence at 11 a.m. across the board, with some
exceptions that they don't qualms for. So our position is that at present, what is
before this Commission is the ability -- or their ability to extend their service of
alcohol between the hours of 3 a.m. and 5 a.m. And I think, frankly, the provision
that they are requesting to start their service prior to 11 a.m. is not available at the
moment.
Chair Hardemon: When you say, "not available at the moment" --
Mr. Garcia: I will -- and I will say one more thing, just for purposes of clarification.
It would be available to them should they seek a license under a restaurant use;
that's not what they are seeking. They are seeking to be a supper club, essentially.
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Chair Hardemon: So what would your recommendation be?
Mr. Garcia: Our recommendation is that the Commission approve their request to
extend their alcohol services hours from 3 a.m. to 5 a.m., subject to all the conditions
set forth, as recommended by both the Planning Department and the Planning,
Zoning & Appeals Board, with the exception, as stated by the applicant's attorney,
that they should be able -- and this should be corrected in the language, because it
was actually misstated -- that when we reference in Condition "K, "following hours
of operation, that that is intended to refer only to the service of alcohol; not general
operations for other food services.
Chair Hardemon: So you're saying extend to 5, but only start serving at 11 ?
Mr. Garcia: Correct.
Chair Hardemon: And the thing about that is that it does give you a nice buffer --
Mr. Fernandez: Sure.
Chair Hardemon: -- between your last drink that's being sold and your first drink
that's being sold.
Mr. Fernandez: Correct.
Chair Hardemon: But it also -- you know, the only other issue that I think about
with that is the fact of the matter that -- I'm trying to find another place that's similar
to yours that stops selling at 5 a. in.
Mr. Fernandez: There are a couple other establishments. I believe they -- to be
consistent with the Planning Director's comment, the (UNINTELLIGIBLE)probably
authorized under the old version of the Code, so --
Chair Hardemon: So --
Mr. Fernandez: --but --
Chair Hardemon: -- I'm more moved to go with the professional recommendation.
Mr. Fernandez: Correct. And just to draw one distinction, the new Code does allow
bars to have extended hours; whereas, the prior version did not, so that's why we
were not traveling as a supper club. But I think, given the comment, we will accept
the revised condition, so we will accede to the City's request to hours of service from
11 a.m. to 5 a.m. -- that's if they concur -- with the modification that -- or the
clarification that, again, those would be the hours of service of alcoholic beverages.
Chair Hardemon: So I want all of our statements from this point forward to reflect
what the agreement is; not anything we've stated before, mover or seconder. So
please make it clear on the record what the conditions are moving forward.
Mr. Garcia: As I understand it, the motion presently before you is to approve their
request to obtain an exception, with City Commission approval, for a 4COP
"alcoholic beverage license," with extended hours of service of alcohol from 3 a.m.
to 5 a.m.; subject to all the conditions set forth on the record, as captioned on the
record, with the exception that Condition W" is to be amended to correctly reflect
that it is not the hours of operation that are restricted; it is the hours of service of
alcohol that are restricted between the hours of 11 a.m. and 5 a.m.
Chair Hardemon: All right. Does the mover and the seconder agree to that?
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Vice Chair Russell: I agree with that.
Chair Hardemon: Okay. Any further discussion? Hearing none, all in favor, say
aye.
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
Mr. Fernandez: Thankyou, gentlemen. Thankyou, sir; appreciate it.
Todd B. Hannon (City Clerk): Madam City Attorney, that's as amended?
Ms. Mendez: Yes.
PZ.2
RESOLUTION
3402
TO BE DEFERRED
Department of
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Planning
ATTACHMENT(S), CLOSING, VACATING, AND DISCONTINUING
AYES:
FOR USE, PURSUANT TO SECTION 55-15 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, A PORTION OF A PUBLIC
STREET GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
NORTHWEST 10 AVENUE AND SPRING GARDEN ROAD, AND TWO
(2) PLATTED WATER MAIN EASEMENTS IN PRIVATE PROPERTY
WITHIN THE TENTATIVE PLAT OF SPRING GARDEN ESTATES
PLAT #1896-A, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO:
Continue
RESULT:
CONTINUED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PZ.2 was continued to the September 27, 2018,
Planning and Zoning Commission Meeting.
For minutes referencing Item PZ.2, please see "Part B: PZ - Planning and Zoning
Items. "
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PZ.3
ORDINANCE First Reading
1124
TO BE DEFERRED
Department of
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Planning
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
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 .75± ACRES, AS DESCRIBED IN "EXHIBIT A",
ATTACHED AND INCORPORATED, OF THE REAL PROPERTY
LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA,
AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801
BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY
RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PZ.3, please see "Part B: PZ -
Planning and Zoning Items."
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PZA ORDINANCE First Reading
1125 TO BE DEFERRED
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF APPROXIMATELY .75± ACRES, AS
DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF
THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH
STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL
PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, FROM T4 -R, "GENERAL URBAN ZONE - RESTRICTED",
TO T5-0, "URBAN CENTER ZONE - OPEN"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PZ. 4, please see "Part B: PZ -
Planning and Zoning Items."
PZ.5 ORDINANCE Second Reading
3188 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
Planning CLASSIFICATION FROM 75-L," 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.
ENACTMENT NUMBER: 13778
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Wifredo (Willy) Gort, Commissioner
SECONDER: Ken Russell, Vice Chair
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For additional minutes referencing Item PZ.5, please see
"Public Comment Period for Planning and Zoning Items. "
Chair Hardemon: PZ 5. Can you read it into the record, please?
The Ordinance was read by title into the public record by the City Attorney.
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Chair Hardemon: You're recognized, ma'am.
Melissa Tapanes-Llahues: Good afternoon.
Commissioner Gort: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Gort: Before we begin, I have a -- the Jennings disclosure. As a City
Commissioner, I met with the neighbors and the attorneys and developer for 1392
Northwest 36th Street; also with the residents from the Brickell -- 1809 Brickell
Project. They're losing the Section 8 status. We discussed the zoning application in
PZ.5. The discussion did not dispose me to any decision with that. My decision is
solely based on the written report and testimony presented today in the public; which
later on, I would like to make some presentation myself.
Chair Hardemon: You're recognized, ma'am.
Ms. Tapanes-Llahues: Good afternoon. Melissa Tapanes-Llahues, with the law firm
of Bercow, Radell, Fernandez and Larkin, at 200 South Biscayne Boulevard, Miami.
I'm here representing Allapattah Ventures, LLC (Limited Liability Company).
Joining me this afternoon is Jake Morrow, with the developer; as well as my
colleague, Maritza Haro. I'd like to address first some of the public comments that
were made earlier. As you may have understood, the developer -- the market rate
division of the same developer owns 1809 Brickell Avenue, in District 2. What the
speakers made very clear is that we have an affordable housing crisis, and it really
requires everyone's partnership. What is taking place is that the developer has
provided courtesy notice to the tenants of that building that the covenant expires on
September 1, 2019. This is courtesy notice. There are no development plans
associated with this property. In fact, that property would require entitlements for
redevelopment, and I, as their representative, have not seen any development plans
associated with that property. This is simply a notice, because it really is important
for tenants and this Commission to understand the crisis that we are facing; not only
in the City of Miami, but countywide. Presently, the highest priority of the developer
is the welfare of those Brickell residents. We are working closely with HUD
(Department of Housing and Urban Development) to secure tenant protection
vouchers for our residents and provide them with the understanding of what the
current covenant provides for and what the future holds. Again, no plans have been
made, but it's important for people to understand what is the issues before them. The
project that we're going to be discussing as PZ.5 is one project that the
development's affordable housing division is working on. We're working on many
throughout Miami -Dade County. This is one of several locations, and if Allapattah's
rezoning allows for a higher unit count, it simply makes this affordable housing
project from unfeasible to feasible, as we discussed at first reading. The Allapattah
property, as well as other affordable properties we construct will be made available
to not only the Brickell residents, but to all residents in need in the City of Miami,
which there are many. There has been a lot of misinformation regarding that
project. There's been a lot of newspaper articles, et cetera, but I guarantee you that
that misinformation has not been by the developer. And we are open, and we will
continue to have transparent discussions and negotiations with not only the City
Commissioner of that district, but also with the tenants; so on to the project that's
before us today. The applicant owns 1.2 acres of land at the southeast corner of
Northwest 36th Street, a major section line road, and Northwest 14th Avenue, two
blocks from the Allapattah Metrorail Station. The purpose of this application is to
have one unified zoning district from what it is today, split between T6-8 and T5.
Simply, the proposal is to make it one unified site. The -- what was important and
what we mentioned at first reading is that this property was all zoned C2 and was
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downzoned, despite common ownership, and despite platting and lots to those two
actual zoning districts. So what we're proposing is to have one zoning district. As
you may recall, at first reading, Commissioner Russell requested revisions to that
proffered covenant to provide the City with additional assurances that affordable
housing would be built on the property. In listening to much of the public comment
here today and listening to, of course, Commissioner Russell and Commissioner
Gort's concerns, what we have before you is a revised covenant, which we will be
distributing and is before you, as well, where we're simply eliminating what we
consider the problematic language as part of this covenant. To provide you a little
bit of context, each one of these affordable housing applications are about a quarter
of a million dollars. In this covenant, the original one that was before you at first
reading, we committed to five years, which is a million dollars, in addition to the $4
million acquisition cost of the site. Again, the developer bought this site because we
believe that it is an ideal location for affordable housing; only 1,100 feet from the
Allapattah Metrorail Station; a half a mile from the Allapattah Branch Library; one
mile from the Health District, and just a few miles from Miami International Airport.
What this revised covenant does and what we respectfully request your approval of
the rezoning application along with this proffered covenant is to eliminate Sub -
Section Y," and simply follow what I believe was a successful affordable housing
project at the Frankie Rolle Center in Coconut Grove, where I worked with the --
Commissioner Russell's office on. And simply, if this is not affordable housing, then
we will stick to the T5 existing zoning district. And we hope that this Commission
understands that what we want to do here is affordable housing. This developer is a
hundred percent committed to affordable housing, and if we're not able to build
affordable, then we will not avail ourselves of any of the benefits for this one-year
process that has been this rezoning application. With that said, we're available for
any questions, and I look forward to working with you on this moving forward.
Commissioner Reyes: May I?
Commissioner Gort: Go ahead.
Commissioner Reyes: Okay. And I want to make sure that when you say that you're
referring to affordable housing that you're going to use are median income, City of
Miami? It's going to be based on the City of Miami median income; not in Dade
County, Metropolitan, which is median income which is 51,000? I bet you that in
that particular area, median income will not even be $20,000 a year. Correct me if
I'm wrong, Mr. Gort.
Commissioner Gort: Far less.
Commissioner Reyes: You see, probably is. And when we talk about affordable
housing, I think it has been misused for -- everybody says, "affordable, affordable, "
but affordable for whom?
Ms. Tapanes-Llahues: Right.
Commissioner Reyes: You see, you have -- if it's going to be affordable, it have to be
affordable for low-income people, you see; for low -- not affordable for somebody
else.
Ms. Tapanes-Llahues: Of course.
Commissioner Reyes: And that's my first question. My second question is, are those
-- how long will it take you to give these units; I mean, about a year, year and a half?
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Ms. Tapanes-Llahues: So two questions. The first question is, what we're using in
the covenant before you, in Sub -Section "D, " is the City of Miami's definition:
Capital "A': Attainable mixed income housing development or affordable housing."
So in order to get the bonuses, we'll have to comply with your City regulations,
whatever those are. Question 2: As far as how long it'll take us to build this, we --
the reason why we're adamant that this needs to be approved today is because we
intend to submit for this cycle, of which, as I mentioned at first reading, we scored a
hundred percent, and we just simply did not have the density to chip in our number -
one lottery ball. So we're going to go into the application cycle. It's due on October,
and we hope to begin development next year; that is our hope.
Commissioner Reyes: Thank you. And a second question is -- I mean, it's based on
the -- we heard so many people here from the Brickell place, you see, and see if you
can give them the right of first refusal, so trying to bring them into that -- I mean, I
don't know what you're going to do with the other building, if there's any plans on
that. You claim that there is no plans, and -- but take in -- a suggestion to take into
consideration those people that are going to be displaced, and when you are at that
age --
Commissioner Gort: Mr. Chairman?
Commissioner Reyes: -- and you are displaced, it's a horrible thing, you see. And
it's just a suggestion.
Ms. Tapanes-Llahues: Absolutely. So we --
Chair Hardemon: You're recognized.
Commissioner Gort: Okay. First of all, I'm sorry the people walked away, because
the problem you have in 1809 in Brickell Avenue, we have thousands and thousands
within District 1. This is a program that I'm working on right now to create
additional -- with the City of Miami -- create additional affordable housing within
that area. They don't want to move to -- over in that area. That exchange is not
going to take place. They don't want to move there. They're in Brickell; they want to
stay in Brickell. Now, let me tell you what I've done. Since 1980, before being a
Commissioner -- and I'm sorry the people are not here, so they can hear a little bit of
this story -- throughout the New World Foundation, the East Little Havana CDC
(Community Development Corporation), the Allapattah Business Association, I
created over 3,000 units in the City of Miami; not only for rental, but for ownership.
And let me say it in Spanish in case they're listening to this at this time. (Comments
made in the Spanish; not translated)
Commissioner Gort: But one of the things that I worked with, you create a not -for -
profits, and that not-for-profit can get a lot of benefits; that you can pass it on to
someone you can do business with. Also, I'd like to let you know that at the East
Little Havana CDC, we created affordable housing condominium on Southwest 1st
Avenue and 9th Street. Then we did another building in the -- conjunction with the
private sector, where we created 170 units. 100 units were affordable housing; the
other 70 units were rental -- I mean market rate. There's a -- there's not -- there's a
waiting list on both of them, so it works. The joint ventures do work when you can
have market -- and I'd like to -- rather see market rate and affordable housing
together, because by creating affordable housing, by itself, you create ghettos. And
this is -- we need to create the mix, which is very important. So at this time, what I'd
like to do --and I can understand the people. What happens is a lot of --they don't
get the information directly from you all. I think you need to meet with the residents,
and they don't know what's going on. Sit down with them, because what happens is
somebody makes a statement in one of the corridors. By the time it gets to the third
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floor, the statement has changed completely. So they deserve to get the truth. Look,
this is what we want. We don't want to transfer them to Allapattah. They don't want
to move over there. They want to stay around— within this area. You got plenty of
land in there. There's a lot of things you can create there. So, please, sit down with
them and let them know what's going on. Move to accept.
Vice Chair Russell: I'll second it for discussion, Mr. Chair.
Chair Hardemon: Properly moved and seconded. You're recognized for discussion.
Vice Chair Russell: Thank you. And Commissioner Gort, I just -- this is a good
chance for us, because we haven't had a sunshine meeting on this. I know Mr.
Rattner represents a lot of the residents of that -- of Brickell, and there is a big fear
there, and they don't want to move away. But there are many of them there who are
actually counting on this development, and hoping that there's a place in it for them.
But I understand from what you're saying, this doesn't solve their problem. There is
need everywhere. There is need in your district; there's need in my district. And the
timeframe on which this Allapattah project will come online may not suit the needs
of those in Brickell, who may -- whose covenant is running out next year. If they go
through three years of applications for affordability and don't get it -- it just doesn't
match up. So my worry is that we're creating a false hope for the residents in
Brickell that this is their solution.
Commissioner Gort: No, it's not.
Vice Chair Russell: And it's not, it's not. But that doesn't mean we don't want to
approve this and create as much capacity as possible, and incentivize as much
affordability as possible, so we need to move forward. But since this developer has
the ability to control both properties, I -- for my part, I really need a sense of
security for the residents in Brickell on what's going to happen to them. I need a
commitment from the developer that there will be a placement plan for every resident
there, because if they're being told that this could be their solution, and it's not, they
need another solution, whether it's onsite in Brickell -- I would love to work together
with you on a study of that property to see if there is an inclusionary option there
that still allows him to develop to his full potential, and right there. We will give
more density, more height, whatever is necessary to try to allow an additional tower,
additional floors to preserve as much housing onsite as possible. But I need some
sort of commitment today. I'm hoping you have something to proffer to give these
residents in the other site some sense of comfort and security of what's coming down
the road.
Commissioner Gort: Mr. Chairman?
Vice Chair Russell: Is there anything that you can do to help?
Commissioner Gort: I know Mr. Rattner represents 400 individuals. I represent
thousands of people that come to my office every day, looking for housing; not only
affordable housing, but workforce; people that -- they work, they have a salary, and
they cannot afford to pay the rents that exist today. I have the same problem with a
place called Callahan Plaza. It's located by the river, Northwest North River Drive,
which it was the -- there are a lot of the Section 8 status. So I met with him, I sat
down with him, and they worked out a deal where they were able to keep -- they had
about six different buildings. They were able to keep two buildings in affordable
housing, and the rest went to market rate. I think these are the things we got to sit
down and look at it, because we do have a major problem in need right here in the
City of Miami and all of Miami -Dade County. The amount of people I got coming in
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my office every day, crying that they need to move somewhere -- some of them are
living in their cars. So there's a great need for it, and that's why I'm working on this.
Chair Hardemon: Mr. Mayor.
Mayor Francis Suarez: I'll just say very briefly -- I know it's a little bit off topic,
because it's -- we're talking about the Allapattah property. But I do think, to the Vice
Chair's point, that there is a potential entitlement relief that we can give the
developer onsite in Brickell to give him the incentive to maintain either the building,
or create another building that the residents can stay in, and I think we can fashion a
deal like that. We did that on Coral Way, where we got the -- where we vested
11000 rights on Coral Way in exchange for afire station. So we've done that in the
past, and I think we can create that value proposition. I'm willing to work with you,
Vice Chair, and with the residents and with the other Commissioners, and with your
client to make that happen.
Ms. Tapanes-Llahues: We're committed to continue to work with you, Commissioner
Russell. You've attended these meetings. You've seen that the developer is providing
transparency in this process. There are no plans, and any plan that does happen will
definitely involve you, your staff, and the City Commission, because, as we all know,
development on Brickell does not occur without entitlements, whether it's a waiver;
or, certainly, Urban Design Review Board, there will be a right to be heard for that
development and that property as that process works itself out, so we are committed.
Vice Chair Russell: So you will commit to a placement plan for all of those
residents?
Ms. Tapanes-Llahues: We are committed, and we're working right now on -- it's a
HUD Tenant Relocation Plan, and that is what has -- as part of us bringing that to
their attention -- that is what has created some of this anxiety, which has then
created some misinformation. We'll continue to have these public meetings, and
we'll con -- we are committed to provide placements for these residents throughout
our many projects in the City of Miami and Miami -Dade County.
Commissioner Reyes: Okay.
Vice Chair Russell: Mr. Chairman --
Commissioner Gort: My --
Vice Chair Russell: -- I'm sorry.
Commissioner Gort: -- understanding, the message that you're getting today also,
you should look at the lots, analyze all the incentives that you can create for your
benefit and their benefit --
Ms. Tapanes-Llahues: Absolutely.
Commissioner Gort: -- and benefits everyone.
Vice Chair Russell: I have a question about the covenant, please, because I -- it
seems that there's a change now, that if you don't get the subsidies that you're
seeking after the five tries, there was original concept that you would then purchase
the additional units, the density that you're getting through this, into the Affordable
Housing Trust Fund. But now, it looks like that's being stricken, and you'll just go
without the up -zoning, if that's the case, after that period of time. We revert the
zoning back to what it is now.
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Ms. Tapanes-Llahues: Correct.
Vice Chair Russell: I almost prefer the first option, because --
Commissioner Gort: Yeah.
Vice Chair Russell: -- at least then, you get what you want and we get an injection
into the Affordable Housing Trust Fund. I was just waiting to hear from our
Planning Department if the amount you were proffering was a proper calculation,
and I believe the amount is 3,000 -- wait, let me find it -- 3,500 per incremental unit
developed through the T6-8 rezoning. Because they had proffered this at the last
meeting, I was just looking for a calculation based on their proffer, if that's a fair
number for the density they would be receiving to be paid into the Affordable
Housing Trust Fund.
Mr. Garcia: I'm going to defer that question to my colleague, Alfredo Duran, from
the Community Development Department.
Commissioner Gort: Alfredo, wake up.
Victoria Mendez (City Attorney): Could you repeat the question?
Vice Chair Russell: So they had proffered originally that if they didn't get the
incentives that they were seeking that the additional units they earn from this up -
zoning, they would then pay into the Affordable Housing Trust Fund, $3,500 per unit
they receive from this up -zoning. Is that a fair trade?
Alfredo Duran (Deputy Director, Community and Economic Development): How
many units are we talking about?
Vice Chair Russell: How many additional units would they receive from this up -
zoning?
Ms. Tapanes-Llahues: This would be a -- it would provide 52 additional units. So
we had proffered 3,500, for a total of $182,000.
Mr. Duran: At today's rate, that would probably build you two units.
Vice Chair Russell: Well, we have a calculation for when someone's trying to
purchase density through a bonus, and "Is this equivalent to that?" I guess is the --
Mr. Duran: That's something, really, that I'm not -- I don't have that answer. I do
not maintain those numbers. That's something that perhaps the Planning
Department might be able to share with you.
Mr. Garcia: If that is the number you seek -- and I am going to stress to you that
that is a lower -end number; I want to be clear on the record. If that is the number
you seek, then we could simply stipulate -- because those fees, per square foot, are
provided by the Zoning Ordinance. I don't happen to have them handy, but if you
want to place it as a condition, that's a fair condition to place. However, I will put to
the Commission that those fees, on aper -square -foot basis, have not been adjusted in
the last eight years, so we know them to be significantly under market conditions
today.
Vice Chair Russell: Do they adjust over time, and is this something that --? So
they're going to go for their -- once they -- What's worst-case scenario? They don't
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receive the subsidies they're seeking. Then we could calculate it at that time, and say
at a specified market rate, or something like that?
Mr. Garcia: As appropriate, and pertaining to market conditions at the time.
Vice Chair Russell: Would that be acceptable?
Ms. Tapanes-Llahues: Yes, absolutely. That's actually how we came up to the
number; using the City's public benefit bonus number in the Allapattah area. We got
3,500 per unit. We're happy -- I've spoken to the developer -- to increase that to
5,000. If you prefer a lump sum rather than the public benefit fee, we're open to
either.
Vice Chair Russell: So at 5, 000, we're looking more in the range --
Commissioner Gort: I know, I know --
Vice Chair Russell: -- or is it preferable to word it in a way that it -- at that time it's
calculated?
Mr. Garcia: The missing element, of course, is, when does that transaction take
place? And I would love to link the condition -- or the language, rather -- to the time
at which it takes place, and we will calculate it at the time. And maybe the $5,000
fee is a minimum, but not a maximum.
Ms. Tapanes-Llahues: We would accept that.
Vice Chair Russell: Okay.
Ms. Tapanes-Llahues: So we would redraft the covenant to provide for --
Vice Chair Russell: Take out the strike -- stricken language and add $5, 000, instead
of -- a minimum of $5,000 per unit, rather than the 3,500.
Ms. Tapanes-Llahues: Correct. We'll go back to the original proffered covenant,
and we would add language that it would be: So long as $5, 000 per net incremental
unit developed by virtue of the T6-8-0 rezoning, or the amount required through the
pub -- the City of Miami Public Benefit Trust Fund; whichever is greater.
Vice Chair Russell: Does that work, Francisco?
Commissioner Gort: Okay, yes.
Mr. Garcia: I believe it does. And the last thing I will say, just to footnote it, is that
their ability to develop attainable housing onsite does not go away by virtue of
zoning or reversionary conditions, up -zoning. That remains indefinitely. So it is --
whether they obtain tax credit benefits or not, their ability to develop attainable
housing onsite and increase the density remains perpetually.
Vice Chair Russell: Thank you.
Commissioner Gort: Okay. Any further amendments?
Vice Chair Russell: So it's been moved and seconded. Amendments have been
proffered. Any further discussion on the dais?
Chair Hardemon: Seeing none, all in favor, say "aye."
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The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Ms. Tapanes-Llahues: Thankyou.
Commissioner Gort: Thank you.
Chair Hardemon: Thank you.
Todd B. Hannon (City Clerk): As amended.
Vice Chair Russell: As amended.
Commissioner Gort: Make sure you get together with the -- and let -- and talk to
them, let them know what's going on and what you're planning to do. And don't
forget, you might be able to get some incentive, which would be really good for you
all. Okay?
Ms. Tapanes-Llahues: Absolutely. We've had numerous meetings, and we'll
continue to have those.
Commissioner Gort: We did it on -- the first time, on 1st Avenue and 9th Street and
Southwest, and it worked.
PZ.6
ORDINANCE Second 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
AYES:
CLASSIFICATION OF THE PROPERTIES LOCATED AT
ABSENT:
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-0," 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.
ENACTMENT NUMBER: 13779
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Carollo, Reyes
ABSENT:
Gort
Note for the Record: For minutes referencing Item PZ.6, please see "Public
Comment Period for Planning and Zoning Items. "
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Chair Hardemon: Madam City Attorney, can you read into the record PZ 6?
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Chair Hardemon: Hello.
Iris Escarra: Good afternoon, Commissioners. Iris Escarra, with offices at 333
Southeast 2nd Avenue. I just wanted to put on the record that Mr. Tucker Gibbs is
here, on behalf of Parc Lofts, and they have withdrawn their objection, and are
supportive of our application. This is the second reading of the same item that we've
discussed on first reading, and this board passed. Thank you.
Vice Chair Russell: I'll make the motion.
Chair Hardemon: Been properly moved Is there a second?
Commissioner Carollo: You want me to second?
Chair Hardemon: It's been properly moved and seconded Seeing no further
discussion, all --
Commissioner Carollo: Tucker has been enlightened by above, right?
Chair Hardemon: He's just sitting back.
Commissioner Carollo: What happened, Tucker? How many trees fell on you?
Right?
Chair Hardemon: All in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Ms. Escarra: Thank you very much, gentlemen.
Chair Hardemon: Thank you very much.
PZ.7
ORDINANCE Second 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.
ENACTMENT NUMBER: 13780
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MOTION TO
RESULT:
MOVER:
SECONDER
AYES:
Adopt
ADOPTED
Manolo Reyes, Commissioner
Joe Carollo, Commissioner
Hardemon, Russell, Gort, Carollo, Reyes
Chair Hardemon: PZ. 7. Please read it into the record.
Barnaby Min (Deputy City Attorney): Mr. Chairman, 7 and 8 are companions.
Would you like me to read both?
Chair Hardemon: Well, they need to be read into the record, so I just -- is there --
one is an ordinance -- both of them are ordinances, so if you read one into the
record, that'll be fine.
Mr. Min: PZ. 7.
The Ordinances were read by title into the public record by the Deputy City Attorney
Barnaby Min.
Commissioner Carollo: Ines, I got a slight question.
Ines Marrero: Yes.
Commissioner Carollo: Are you related to this gentleman over here?
Ms. Marrero: We are. So I will introduce myself quickly first. My name is Ines
Marrero. I'm an attorney with the law firm of Holland and Knight, 701 Brickell
Avenue. And to the Chair -- to the Commissioner -- we are -- we spell it differently,
but we are cousins. His dad and my mother were cousins; we're cousins.
Commissioner Carollo: I'm just teasing you. I knew that.
Ms. Marrero: No, we are related.
Commissioner Carollo: Okay.
Ms. Marrero: It's not a myth; it's true.
Commissioner Carollo: Yeah, okay. We won't hold it against you; that's okay.
We're teasing.
Ms. Marrero: It's my burden to bear.
Commissioner Carollo: We're teasing.
Chair Hardemon: But he's not a lawyer.
Commissioner Carollo: For the record, we're teasing, yeah.
Unidentified Speaker: (UNINTELLIGIBLE).
Commissioner Reyes: She looks much better than you, man.
Ms. Marrero: I'm not so sure.
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Commissioner Carollo: Yeah.
Ms. Marrero: Anyway, thank you again to the Commissioner of the district. We've
worked on this application since this matter was before us on first reading. We
finalized the covenant with the City Attorney's Office. We don't have --in the interest
of disclosure, we don't have a fully executed copy, but I do have an opinion of title,
and there's a joinder that's being prepared as we speak, so we will have everything
in the hands of the City Attorney ready for final signoff and recording next week.
And all the commitments to District 3 and to the Affordable Housing Trust Fund in
the City, should one be created, are laid out in the covenant. And with that, we
really appreciate your support. Thank you.
Commissioner Carollo: This is going to be a good project for the City and for the
district.
Commissioner Reyes: I'll move it.
Commissioner Carollo: Your client is a gentleman, and you're very pleasant to work
with; a lot more than your cousin.
Commissioner Reyes: I'll move it.
Commissioner Carollo: I'll second it.
Chair Hardemon: I'm assuming PZ.7 and 8 have been -- PZ.7 -- both have been
read into the record, I believe, right?
Commissioner Reyes: Yes, sir.
Mr. Min (Deputy City Attorney): Yes.
Chair Hardemon: So PZ. 7 and 8 have been moved for approval.
Commissioner Carollo: Yes.
Commissioner Reyes: Yes, sir.
Chair Hardemon: It's been seconded, as well.
Commissioner Reyes: And second.
Chair Hardemon: All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries --
Ms. Marrero: Thank you very much.
Chair Hardemon: -- to approve PZ. 7 and PZ.8
Commissioner Carollo: See, it's --
Chair Hardemon: PZ.9 is a resolution.
Commissioner Carollo: -- the project, not the person.
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PZ.8 ORDINANCE Second 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
CLASSIFICATION FROM "74-L", GENERAL URBAN TRANSECT
ZONE -LIMITED, TO "75-0", URBAN CENTER TRANSECT ZONE -
OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
2124, 2126 AND 2130-2132 SOUTHWEST 7 STREET AND 2109
SOUTHWEST 8 STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 13781
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PZ.8, please see Item PZ. 7.
PZ.9
RESOLUTION
4416
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), PURSUANT TO SECTION 55-15 OF THE CODE
"VACATION
Planning
OF THE CITY OF MIAMI, FLORIDA, ENTITLED AND
CLOSURE OF RIGHTS-OF-WAY AND PLATTED EASEMENTS BY
PLAT," APPROVING WITH CONDITIONS THE VACATION, CLOSURE,
AND DISCONTINUANCE OF USE OF A PLATTED ACCESS WAY AND
UTILITY EASEMENT, GENERALLY LOCATED ON A PORTION OF
3977 SOUTHWEST 37 AVENUE, WHICH LEADS UP TO 3995
SOUTHWEST 37 AVENUE AND 3985 SOUTHWEST 37 AVENUE,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-18-0351
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Vice Chair
SECONDER: Joe Carollo, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Barnaby Min (Deputy City Attorney): Mr. Chair, it's also a companion with PZ 10.
Chair Hardemon: Which is also a resolution.
Mr. Min: Yes, sir.
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Chair Hardemon: You're recognized, sir.
Carlos Lago: Carlos Lago, on PZ.9 and PZ. 10, with ojfces at 333 Southeast 2nd
Avenue --
Vice Chair Russell: A road closure.
Mr. Lago: -- on behalf of the applicant. I'm joined by my colleagues, Alba Castro,
as well as Iris Escarra.
Commissioner Carollo: It's good to see you, Carlos. We haven't seen you in a
while.
Mr. Lago: Good to see you, Commissioner. How are you, sir?
Commissioner Carollo: Good, good.
Mr. Lago: Working hard.
Commissioner Reyes: You want a vacation?
Mr. Lago: Hopefully, next month. So this is an application for the closure of a
private access road and utility easement, which will permit our client to build a
single-family residence on this area marked as 5. This is not a street or an alley, but
this is a platted lot with a private road; like a private driveway. This -- it serves the
exclusive use of the five -- of the three owners in the subdivision. The original plat
for this property referenced a covenant, which is PZ. 10, which we're -- it's a partial
release, which contains similar restrictions as a plat, for private access and utility
easement purposes. So we're requesting to close both in the plat and through the
partial release of the covenant the utility easement. If there's -- any future utility
easements are required, they will be provided by instruments; and the private access
easement, as well, is being released. In exchange, a new service access easement
will be provided with a 14 foot height vertical appearance. Sothis is really to allow
our clients to build over that access easement. This has been approved by the Plat
and Street Committee, as well as recommended for approval by the Planning
Department. And I'd like to state that the maintenance of the road will maintain --
will continue to be the obligation of the applicants and the HOA (homeowners
association).
Vice Chair Russell: I'll move the item.
Chair Hardemon: It's been properly moved.
Commissioner Carollo: I'll second it.
Chair Hardemon: Seconded.
Commissioner Carollo: Carlos --
Mr. Lago: Yes, sir.
Commissioner Carollo: -- where in 37th Avenue is that at? What part? From --
Mr. Lago: This is next to --
Commissioner Carollo: -- between Grand and Main Highway, where is that at?
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Mr. Lago: So this is in between Biscayne Bay and Douglas, right next to the
Kampong.
Commissioner Carollo: Okay.
Mr. Lago: Yes, sir. It's a quite interesting property. And the -- you know, a lot of
these properties were platted like this for many years --
Commissioner Carollo: Okay.
Mr. Lago: -- very long properties that you see in the Grove, throughout.
Commissioner Carollo: Yeah.
Mr. Lago: And it's a very lush, you know, beautiful area.
Commissioner Carollo: Yeah. We could tell from here it's an interesting property.
Mr. Lago: Yes.
Commissioner Carollo: Okay. All right.
Chair Hardemon: So the motion, I assume, is being made on PZ.9 and PZ. 10?
Vice Chair Russell: Yes, please.
Chair Hardemon: Okay. It's been properly moved and seconded Any further
discussion? Hearing none, all in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
Mr. Lago: Thankyou. Good evening, gentlemen.
Todd B. Hannon (City Clerk): 9 and 10?
Chair Hardemon: That was 9 and 10; that is correct.
PZ.10
RESOLUTION
4172
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), APPROVING A PARTIAL RELEASE OF A
Planning
COVENANT AND AN EASEMENT AGREEMENT AND
SUPPLEMENTAL COVENANT, IN SUBSTANTIALLY THE ATTACHED
FORM, AS PROVIDED IN EXHIBIT "B", FOR A PORTION OF A
PLATTED EASEMENT WHICH CURRENTLY SITS ON A PORTION OF
THE PROPERTY GENERALLY LOCATED AT 3977 SOUTHWEST 37
AVENUE; SPECIFICALLY, THAT PORTION WHICH LEADS UP TO
3995 SOUTHWEST 37 AVENUE AND 3985 SOUTHWEST 37 AVENUE
MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", IN
ORDER TO USE THE SUBJECT PROPERTY AS A BUILDING SITE.
ENACTMENT NUMBER: R-18-0352
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Joe Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PZ.10, please see Item PZ.9.
PZ.11
ORDINANCE First Reading
4233
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 "DUPLEX RESIDENTIAL" TO "LOW
DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 3710
NORTHWEST 13 AVENUE AND 1329 NORTHWEST 37 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PZ.11 was continued to the September 27, 2018,
Planning and Zoning Commission Meeting.
For minutes referencing Item PZ.11, please see "Part B: PZ - Planning and
Zoning Items. "
City ofMiarni Page 170 Printed on 0812912018
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PZ.12
ORDINANCE First Reading
4412
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 FROM 73-0," SUB -URBAN — OPEN, TO 74-R,"
GENERAL URBAN — RESTRICTED, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3710 NORTHWEST 13 AVENUE
AND 1329 NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE
VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE
COVENANTS; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PZ.12 was continued to the September 27, 2018,
Planning and Zoning Commission Meeting.
For minutes referencing Item PZ.12, please see "Part B: PZ - Planning and
Zoning Items. "
PZ.13
ORDINANCE First Reading
4414
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 "DUPLEX RESIDENTIAL" TO "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PZ.13 was continued to the September 27, 2018,
Planning and Zoning Commission Meeting.
City ofMiarni Page 171 Printed on 0812912018
City Commission Meeting Minutes July 26, 2018
For minutes referencing Item PZ.13, please see "Part B: PZ - Planning and
Zoning Items. "
PZ.14
ORDINANCE First Reading
4415
TO BE DEFERRED
Department of
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Planning
ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM 73-0," SUB -URBAN TRANSECT ZONE -
OPEN, TO 74-R," GENERAL URBAN TRANSECT ZONE -
RESTRICTED, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PZ.14 was continued to the September 27, 2018,
Planning and Zoning Commission Meeting.
For minutes referencing Item PZ.14, please see "Part B: PZ - Planning and
Zoning Items. "
PZ.15
ORDINANCE Second Reading
3698
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY ADDING A POLICY
TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO
ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN
TRANSIT ORIENTED DEVELOPMENT AREAS UP TO FIFTY
PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS
UNUSED DENSITY FROM A CONTRIBUTING HISTORICALLY
DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING
RESOURCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13782
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
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Note for the Record: For additional minutes referencing Item PZ.15, please see
Item SR.2.
Chair Hardemon: PZ. 15 is an ordinance. Can it please be read into the record?
Barnaby Min (Deputy City Attorney): Yes, sir.
The Ordinance was read by title into the public record by the Deputy City Attorney
Barnaby Min.
Vice Chair Russell: That's 15? I'll move it.
Chair Hardemon: Correct. Properly moved. Is there a second?
Commissioner Gort: Second.
Chair Hardemon: Properly moved and seconded to approve PZ.15. Any
discussion?
Commissioner Carollo: Hold on.
Vice Chair Russell: Don't forget the executive session.
Commissioner Carollo: Yeah. Okay. It's been moved and second. Let's vote.
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 carries. And we have completed our
Planning & Zoning agenda.
Mr. Min: And Mr. Chairman, there is an executive session that the Administration is
asking if you can --
Chair Hardemon: Yes.
Mr. Min: -- adjourn upstairs.
Chair Hardemon: Let's do that. Can you -- do you have to read anything or --?
Mr. Min: No, sir. It's concerning labor relations.
Chair Hardemon: So just in recess until --
Mr. Min: You can actually conclude the meeting.
Chair Hardemon: We can conclude the meeting? Great. This meeting has been
concluded.
Commissioner Carollo: Okay.
Commissioner Reyes: Thankyou, sir.
Vice Chair Russell: Thank you, everyone.
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PZ.16
ORDINANCE Second 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
Planning
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 CERTAIN PROPERTIES
WITHIN TRANSIT ORIENTED DEVELOPMENT ZONES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. Item PZ.16 was deferred to the September 13, 2018, Regular
Commission Meeting.
For minutes referencing Item PZ.16, please see Item SR.2 and "Part B: PZ -
Planning and Zoning Items. "
PZ.17
ORDINANCE First Reading
4237
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
Department of
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE
Planning
SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.6, ENTITLED
"OFF-STREET PARKING AND LOADING STANDARDS", TO ALLOW
PARKING FACILITIES THAT ARE INCIDENTAL AND SUBORDINATE
TO A PRINCIPAL USE IN CERTAIN T5 OR T6 TRANSECT ZONES TO
BE PROVIDED ON AN ABUTTING PROPERTY IN A T3 TRANSECT
ZONE IF THEY ARE LOCATED IN AN AUXILIARY PARKING AREA
AND SATISFY OTHER SPECIFIC CONDITIONS FOR AREAS ON
CORAL WAY BETWEEN SOUTHWEST 27TH AVENUE AND
SOUTHWEST 17TH AVENUE BY PROCESS OF EXCEPTION;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Ken Russell, Vice Chair
SECONDER: Wifredo (Willy) Gort, Commissioner
AYES: Hardemon, Russell, Gort, Carollo, Reyes
Note for the Record. For minutes referencing Item PZ.I7, please see "Part B: PZ
- Planning and Zoning Items."
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END OF PLANNING AND ZONING ITEM(S)
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City Commission Meeting Minutes July 26, 2018
FLA
ORDINANCE
4366
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF
and Mayor
THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), ENTITLED
"STREETS
AND SIDEWALKS/BASE BUILDING
LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE
WIDTH OF NORTHWEST/NORTHEAST 5TH STREET BETWEEN
NORTHWEST 3RD AVENUE AND BISCAYNE BOULEVARD,
FROM EIGHTY FEET (80') TO SEVENTY FEET (70');
NORTHWEST/NORTHEAST 6TH STREET BETWEEN
NORTHWEST 3RD AVENUE AND NORTHEAST 2ND AVENUE,
FROM EIGHTY FEET (80') TO SEVENTY FEET (70');
NORTHWEST 1ST AVENUE (EAST) BETWEEN NORTHWEST
10TH STREET TO NORTHWEST 11TH STREET FROM ONE
HUNDRED FIVE FEET (105') TO SEVENTY FEET (70');
NORTHWEST 1ST AVENUE (EAST) BETWEEN NORTHWEST
11TH STREET TO NORTHWEST 13TH STREET FROM ONE
HUNDRED FIVE FEET (105') TO FIFTY FEET (50'); CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
RESULT: NO ACTION TAKEN
END OF FUTURE LEGISLATION
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NA - NON -AGENDA ITEM(S)
NAA
DISCUSSION ITEM
4608
DIRECTION BY VICE CHAIR RUSSELL TO THE CITY MANAGER
TO INCORPORATE STOPS TO THE TROLLEY ROUTE AT THE
Office of the City
PHILLIP AND PATRICIA FROST MUSEUM, THE PEREZ ART
Cierk
MUSEUM MIAMI AND THE METROMOVER TO ALLOW FOR
CONNECTION TO THE COUNTY'S TRANSIT SYSTEM.
r
LRESULT: DISCUSSED
Note for the Record: For additional minutes referencing Item NA.I, please see
Item PH. 4.
Chair Hardemon: And then there's an amendment that Commissioner --
Vice Chair Russell: PH. 4.
Chair Hardemon: --wants to make to PH.4. Can you state it on the record, please?
Vice Chair Russell: Yes, please. Currently, the Cross Bay Express is looking to
have three stops within a block of each other on the Miami Beach side, but on the
City of Miami side, it's only starting and stopping at Bayside shopping area. I really
believe it should connect to our -- the County's transit system, and that there should
be a stop at the Frost Museum, PAM (Perez Art Museum) Museum, Metromover
Station. So I would like to amend the map to add that stop.
Commissioner Reyes: I --
Commissioner Carollo: Second that.
Commissioner Reyes: -- second that amendment.
Chair Hardemon: Okay. Any further discussion on that? All right. So the
amendment is going to be adopted. Seeing no further discussion on the items that
are on the agenda --
Commissioner Gort: I have a question.
Chair Hardemon: Sure.
Commissioner Gort: Who's going to be paying for this?
Vice Chair Russell: The trolley?
Commissioner Gort: The Miami Beach trolley.
Alan Dodd: Alan Dodd, Director for the Department of Resilience and Public
Works. I did not hear your --
Chair Hardemon: The question was, "Who is going to be paying for the services of
the trolley?"
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Commissioner Gort: The trolley to Miami Beach and soon.
Vice Chair Russell: Cross Bay Express.
Mr. Dodd: The trolley will be operated at -- there will be a rate that is established,
so the City will not be paying for it. The patrons will purchase a ticket in order to
pay for the services.
Commissioner Gort: In other words, there'll be -- the private sector will be paying
for it?
Mr. Dodd: Yeah.
Commissioner Gort: Or the public. Okay.
Commissioner Carollo: But we are paying --
Commissioner Gort: No cost to the City.
Commissioner Gort: --for the trolleys, right?
Mr. Dodd: The final rate will be determined as we work out the details.
Commissioner Carollo: But who's paying for the trolleys? That was the other
question the Commissioner had, not me; Commissioner Gort.
Mr. Dodd: We are not procuring trolleys for this. It will be in a contract with a
vendor who will provide the service, and they will be having people buy tickets in
order to pay for the service. So we are not buying any type of vehicles for it.
Commissioner Carollo: So it's not costing the City any money?
Mr. Dodd: It is not costing any money.
Vice Chair Russell: I have a question.
Commissioner Carollo: If there's not enough tickets that are bought to pay for the
service?
Chair Hardemon: Service stops.
Vice Chair Russell: There's a break-even point.
Mr. Dodd: A pilot program that we'll be working out details. And as we see how
popular it is, we'll either adjust the routes --
Commissioner Carollo: I understand. But even during the pilot program, if we don't
get enough money --
Commissioner Gort: Right.
Commissioner Carollo: -- to pay for it, what happens if there's a shortfall?
Commissioner Reyes: That's right. That was going to be my question. If -- how
about if there is a shortfall? If we don't -- I mean, what we are charging -- you see,
you don't have enough revenues, then -- and there's a shortfall, who's responsible for
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the shortfall; City of Miami or City of Miami Beach or both of them? Because both
are going to benefit.
Mr. Dodd: This is a City of Miami initiative, although we are working in
conjunction with Miami Beach to establish the route.
Commissioner Reyes: But --
Mr. Dodd: But we -- as far as the economics, we are not putting any investment into
it. And so, if there is a shortfall --
Commissioner Carollo: I've heard of that, but --
Mr. Dodd: --it will be part of the agreement --
Commissioner Carollo: -- you're dancing around the question --
Commissioner Reyes: Yes.
Commissioner Carollo: -- that we all want to --
Commissioner Reyes: That's right.
Commissioner Carollo: --have answered.
Commissioner Gort: Who's--?
Commissioner Carollo: If there's a shortfall --
Commissioner Gort: Who's responsible?
Commissioner Carollo: -- who is responsible in paying for it?
Chair Hardemon: So there's the cost of the gas, the driver, and the services on the
trolley.
Commissioner Reyes: That's right.
Chair Hardemon: If the expenses of that is higher than the revenue that is brought
in, who is going to be responsible for ensuring that those expenses are paid for? Is it
the private company or will it be the City of Miami?
Mr. Dodd: It will -- our intent is to have the private company absorb those losses, if
there are any, and that is why they will be -- either it will be --
Commissioner Reyes: Is that stated in writing?
Commissioner Carollo: You're -- again --
Mr. Dodd: Because we have --
Commissioner Carollo: Jesus Christ.
Mr. Dodd: -- reached an agreement with a vendor to provide this service, but that
will be something that --
Commissioner Carollo: Commissioner Russell?
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Mr. Dodd: -- we'll have to work through (UNINTELLIGIBLE) contract.
Commissioner Carollo: If I may? I'm in favor of this. I think it's a good initiative,
but I don't think he understands me and some of us. Maybe you could get the answer
from him.
Vice Chair Russell: So --
Commissioner Carollo: He says now that our intent is to get from whoever's
providing the service. I just want to know, so we could take care of it here,
whichever way we need to to make this happen, if there is a shortfall, legally, who is
going --
Commissioner Gort: Responsible.
Commissioner Carollo: -- to be responsible in paying for it?
Vice Chair Russell: Thank you. So we did go through this in my briefing, and if
management has some of the numbers that we discussed -- Zerry, we went through
this in our briefing the other day with regard to the break-even points. What is the
hourly rate that they will be charging us? What is the expected usage that would be
needed to reach a break-even point? But we did not go into, "What if there is less
than a break-even point?" And I assume, unless a contract is written to say
otherwise, it would be the City's responsibility. I think that's --
Nzeribe Ihekwaba (Chief of Operations): Good morning. Zerry Ihekwaba, Assistant
City Manager. It's a very valid point to make. If there is a shortfall, the City will be
on the hook on that. However, if you look at this item, it says -- it grants the City
Manager the powers to negotiate. It has not been finalized; any and all necessary
steps to effectuate this service. The rates that has been established is about $115 an
hour; the City will be providing the diesel, which is the gasoline for the trolley
service; and the vendor will provide any other required resources to effectuate this,
inclusive of the driver, the equipment, and any type of resources that is required.
Vice Chair Russell: So we did an analysis in my of ice that came out to -- If we're
charging people five bucks an hour -- I mean, five bucks a ride, and they're charging
us $115 an hour, and they're operating it --
Mr.Ihekwaba: $115.
Vice Chair Russell: $115 an hour, and they're operating 24 hours a day?
Mr. Ihekwaba: Assume that the (UNINTELLIGIBLE) for 24 hours a day, the
capacity of each of the trolleys is about 66 and times $5, if that's going to be the rate
-- that has not been finalized -- the City will actually be making more money than we
will be paying.
Vice Chair Russell: But the break-even point would be about 16, 000 riders a month.
So if they believe that's achievable, we have a pretty safe --
Mr. Ihekwaba: Yes, they believe that. They believe that.
Commissioner Carollo: That's a real high number. I don't know, but, look, has
anyone bothered to contact the City Manager at the Beach, Jim Morales?
Vice Chair Russell: Yes.
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Mr. Ihekwaba: Yes. We've had extensive meetings with the City of Miami Beach.
Commissioner Carollo: Are they willing to go half and half with us in a shortfall?
Commissioner Gort: No.
Mr. Ihekwaba: They are interested in running a parallel service. In case the City
decides to shorten the period -- the original timeline was going to be from 4 p. in. to
midnight, and Miami Beach was thinking of running the rest of the day. And I have
the Transportation Director from Miami Beach here today to opine on their
readiness to assist the City.
Commissioner Carollo: Okay. I just think that we need a partnership in this with
them --
Commissioner Reyes: Yes.
Commissioner Carollo: -- to benefit both of us. And again, I want you to
understand, Commissioner, that I'm not looking to kill this in any way. I want to
make it happen. I think it's good, and it was a good initiative.
Vice Chair Russell: Thank you. And your points are very valid. I think as we go
forward with the negotiation, though, these are the concerns we need to think about.
Mr.Ihekwaba: Yeah.
Vice Chair Russell: And the hours, as well. I don't know if we need it 24 hours a
day, so.
Mr. Ihekwaba: Okay.
Commissioner Reyes: Let me ask you another question. You see, now, the shortfall -
- I want to be clear. If there is a shortfall, as it is now, it's going to be our
responsibility, right?
Mr. Ihekwaba: Yes. That's what I will assume.
Commissioner Reyes: Okay. Now—
Mr. Ihekwaba: But keep in mind (UNINTELLIGIBLE).
Commissioner Reyes: -- what Commissioner Carollo is suggesting is that we enter
into an agreement with Miami Beach that both will be responsible for a shortfall.
Mr. Ihekwaba: Okay. Point taken.
Commissioner Reyes: And another question that I'm going to have -- I'm making is
that -- listen, I love the idea. I think it's great, okay? But I want to make sure that
our finances are straight, okay?
Commissioner Carollo: Well --
Commissioner Reyes: How long is the contract is going to be signed with the
company that is offering the services that we're going to be paying them 150 an
hour?
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Mr. Ihekwaba: This is a one year pilot program.
Commissioner Reyes: One year pilot program.
Mr. Ihekwaba: Yeah.
Commissioner Reyes: That is, within that year, if we are losing, we have to wait that
year, and then we will be out of the contract that -- if it is necessary, if it is not
enough ridership to break even.
Mr. Ihekwaba: Yeah.
Commissioner Reyes: If there is not enough ridership to break even, we will assume
that loss during that year, and then we will not extend the contract.
Mr. Ihekwaba: Again, this is a pilot program.
Commissioner Reyes: Yes, it's a pilot program. I do understand.
Commissioner Gort: (UNINTELLIGIBLE), yeah.
Mr. Ihekwaba: The detail --
Commissioner Reyes: And I know there is a one-year. That was my resolution.
Commissioner Carollo: Yeah.
Commissioner Reyes: Okay. But I want to make sure that we can get out of a
contract if it is -- I don't think that it's going to be -- it's a high ridership -- I mean,
an amount, but if we reach it and we break even, fantastic, but if not, you see, what I
want to know is if we can -- we have a way out.
Mr. Ihekwaba: Okay.
Commissioner Gort: Mr. Chairman.
Commissioner Reyes: And please, try to make an agreement with Miami Beach that
we are both responsible, because this is not only going to benefit the City of Miami;
it's going to benefit Miami Beach, and I think a little bit more than it's going to
benefit us.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Yeah. I need more information. That's why I asked the
question, "Who's going to pay for it?" I did ask the question when we met with staff.
The reason being is, Miami Beach is going to receive benefits also, so I think the
negotiation, somehow they have to be apart of it --
Commissioner Reyes: Yes, sir.
Commissioner Gort: -- and they have to take some responsibility, so.
Chair Hardemon: People typically think that the bridge goes one way --
Commissioner Gort: Yes.
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Chair Hardemon: -- but in all actuality, it does go both ways. And then people that
actually want to experience what is the downtown of the City of Miami, especially
the places that were noted by Commissioner -- our Vice Chairman, so --
Commissioner Reyes: Yeah.
Chair Hardemon: -- I think it's the right thing to do to try --
Commissioner Carollo: Yeah.
Chair Hardemon: -- to get them to agree
Commissioner Carollo: Absolutely.
Chair Hardemon: -- to share in the cost, if there are any costs that are
(UNINTELLIGIBLE).
Commissioner Gort: Yeah. As I look at the routes, in Miami Beach, they're going to
stop about three or four different places. Originally, they were going to stop just to
the Bayside. Now, my understanding, the person operating this, based in Bayside.
Mr. Ihekwaba: Let me correct the impression that has been created for clarification.
There's only one stop in Miami Beach. It's going to be on 5th Street and Washington
Avenue.
Commissioner Gort: Okay.
Mr. Ihekwaba: Its not three. The map shows three bus -- trolley stops. Those are
the Miami Beach trolley stops. Those are not for the express service.
Commissioner Reyes: Okay.
Chair Hardemon: But still, with the idea of having three in the City of Miami at
those different venues.
Commissioner Reyes: Yes.
Commissioner Carollo: Yeah.
Mr. Ihekwaba: But they have multiple stops from Omni to Bayside to Bayfront along
the Biscayne corridor, so that will be a duplication of service if we were to start
doing multiple stops. So right now there are existing stops, so we want to take
advantage of those stops already. So your concern will be met, because the Biscayne
trolley service is already servicing Omni and the rest.
Chair Hardemon: Okay.
Commissioner Carollo: Well, the bottom line that I see here is that --from how this
started that, Commissioners, this is not going to cost you any money. It's not going
to cost you a penny. Now we see that it could cost us quite a bit of money. So the
moral to the story is, so when a bureaucrat tells you, "It's not going to cost you a
penny, "grab your wallet and hold on to it.
Commissioner Gort: But let me tell you, I'm all for it. I think it's a great idea, and I
think we should implement it. Do we have a projection how much diesel they're
going to use; how much it's going to cost, the diesels [sic]? We're already putting
money in there.
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Mr.Ihekwaba: Yeah.
Commissioner Gort: Do we have an idea?
Mr. Dodd: It's all absorbed in the hourly cost.
Mr. Ihekwaba: It's going to -- if you look at the capacity of the trolleys, there are
going to be three of them, double-decker buses, and $115 an hour, and the rates that
we're looking at. In the initial period, we'll be making more money than we're
paying out. So when we see a trend, when we start seeing a drop, there's a time now
to start thinking about pulling the plug.
Commissioner Reyes: You have to give them time.
Chair Hardemon: Right. Thank you very much, sir.
Mr.Ihekwaba: Okay. Thanks.
Chair Hardemon: Seeing no further --
Victoria Mendez (City Attorney): Chairman, I apologize. I just need to make two
more -- mention two more things. For RE.13, RE.14, RE.16, RE.19, and RE.20,
Commissioner Carollo would like to be a co-sponsor. I don't think that was
mentioned on the record yet.
Chair Hardemon: Thank you very much.
Ms. Mendez: And then lastly, for the co -designation of Manuel Gonzdlez, there were
several Kiwanis; if they can wave in the back. They didn't know that they could
speak during the public comment period, and they're here to show their support.
Chair Hardemon: Of course they could. But thank you very much. Any further
discussion on the items?
Commissioner Carollo: Would you want at least one or two of them -- give them the
opportunity to say a word on it, since they're here?
Chair Hardemon: I --
Commissioner Gort: Let's vote on it.
Chair Hardemon: -- what I would like to do --
Commissioner Reyes: Huh?
Commissioner Gort: Let's vote on this, and we'll listen to them.
Chair Hardemon: Thank you. That's what I would like to do. All in favor of the
motion on the floor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries.
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NA.2
DISCUSSION ITEM
4609
DIRECTION BY COMMISSIONER REYES TO THE CITY
MANAGER TO NEGOTIATE AND EXECUTE THE SOLAR LICENSE
Office of the City
AGREEMENT BETWEEN THE CITY AND FLORIDA POWER AND
Cierk
LIGHT ("FPL") FOR THE INSTALLATION OF SOLAR TREES AND
RENEWABLE ENERGY GENERATING EQUIPMENT TO BE
PLACED IN DISTRICT 4 PARKS OF THE CITY NO LATER THAN
AUGUST 28, 2018.
RESULT: DISCUSSED
Note for the Record: For additional minutes referencing Item NA.2, please see
"End of Consent Agenda" and Item PH.9.
Commissioner Reyes: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Reyes: I want a point of information. It slipped my mind; I've been
so -- talking about -- I will ask for the agreement to be executed no later than 28th
of August, due to the State program expiring. If we don't do it before that, we might
lose the State program.
Chair Hardemon: Okay.
Commissioner Reyes: Administration, you heard that? On PH. 9, the contract for
the solar trees, I'm requesting that it be executed before the 28th of August, because
if not, we will lose the benefits from the State.
Mr. Dodd: Okay. I got it, Commissioner. Thank you.
Commissioner Carollo: There was a motion --
Barnaby Min (Deputy City Attorney): So long as FPL heard that as well.
Commissioner Gort: Yes.
Chair Hardemon: Right.
Commissioner Reyes: Okay.
Chair Hardemon: So I want to be clear. So that's for the solar trees in the district.
Now, those solar tree -- whatever that agreement is with the State, would it apply
across the City if there are any other parks in other districts that want to also utilize
these services?
Mr. Fernandez: Yes. We hope --
Commissioner Reyes: Yes.
Mr. Fernandez: -- to be able to expand the solar tree project to all the Commission
districts.
Chair Hardemon: But I just want to make sure that the State benefits apply to the
City of Miami and don't make it towards one particular district.
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Ms. Campanella: If I may, it's the Public Service Commission, so this program is on
an extension through the end of the year, so our hope is just to have locations
identified and the final details of the agreement ironed out so that we're able to
deploy all of the solar rays in time.
Chair Hardemon: Okay, but just make sure that it's for the City of Miami as well;
like it's an umbrella City of Miami agreement, not just a particular --
Ms. Campanella: Yes.
Chair Hardemon: Okay. Thank you.
Ms. Campanella: Thank you.
Vice Chair Russell: Thank you.
Chair Hardemon: Well, seeing no objection, that motion carries. We're at our lunch
recess. We'll be back at 2 o'clockp.m., 2 o'clock.
Commissioner Gort: 2:307
Chair Hardemon: You want 2: 307 I'll give you 2:30. Be back at 2:30, 2:30. We're
in recess.
NA.3
RESOLUTION
4559
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING
ANY AND ALL FEES AND COSTS RELATED TO ANY APPEALS
Office of the City
TO THE CITY COMMISION FILED BY OWNERS OF THE
Cierk
PROPERTIES IN THE WEST GROVE THAT WERE DESIGNATED
AS HISTORIC RESOURCES AS THE WOOD FRAME
VERNACULAR RESIDENCES OF COCONUT GROVE VILLAGE
WEST MULTIPLE PROPERTY DESIGNATION, PURSUANT TO
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
("HEPB") RESOLUTION NO. HEPB-R-18-050 ADOPTED ON JULY
16, 2018.
ENACTMENT NUMBER: R-18-0311
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Vice Chair
AYES: Hardemon, Russell, Gort, Reyes
ABSENT: Carollo
Victoria Mendez (City Attorney): And Chairman, I believe that Commissioner Reyes
wanted to discuss under a separate section of the Code, which is 62-25, the waiver of
fees; that the Commission can waive certain planning and zoning fees. Because the
City was an applicant on the item that has to do with the thematic designation of
several homes, he wanted to propose to the Commission to waive those fees based on
all the discussions that were had here earlier today for those appeals.
Commissioner Reyes: Absolutely. And I'm presenting them. I mean, I want to --
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Chair Hardemon: Can't that be a -- we can use that as an emergency ordinance --
right? -- or emergency resolution? I mean, because it's under the threat of -- it's
time -sensitive. They have a period that's about to expire. They could effectively lose
some property rights, as they see it, in their properties, because they've been
historically designated. So I would think that that's something that we could do.
Ms. Mendez: Yes, Chairman, it would be an emergency resolution, based on all of
that. And putting in the section of 2-33 of the City Code, as you always remind me to
make sure that we add that it's an emergency based on the time sensitivity and all the
individuals that came to speak on that item.
Chair Hardemon: All right.
Vice Chair Russell: I'll second.
Chair Hardemon: So I'll take that as a motion that's been moved by Commissioner
Reyes; seconded by the Vice Chairman. Any discussion on that? Is there anyone
from the public that'd like to comment on that motion? Seeing none, I'll close the
public comment. All in favor of the motion, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? That motion carries.
NA.4 DISCUSSION ITEM
4610 DIRECTION BY COMMISSIONER REYES TO THE CITY
Office of the City MANAGER TO CONDUCT A COST -BENEFIT ANALYSIS FOR ALL
Cierk POSSIBLE SITES CITYWIDE THAT THE CITY'S NEW
ADMINISTRATIVE BUILDING CAN BE BUILT, INCLUDING
MARLINS PARK AND REGATTA PARK.
RESULT: DISCUSSED
L
Note for the Record: For additional minutes referencing Item NA. 4, please see
Item RE. I].
Commissioner Carollo: Mayor?
Mayor Suarez: I think Commissioner wants to jump in on this, too.
Commissioner Reyes: Yes. I -- thank you, Mr. Mayor. I -- talking to the staff and
Mr. Adler, I -- you know that I agree with Commissioner Carollo, that's what I stated
-- that by keeping the Administration Building in that -- I mean, in that area, we --
there is an opportunity cost that we pay, and we will be able by -- if we use the funds
that we are going to get from the rent of the lease that you're going to pay, or if we
use the $70 million as a down payment, you are going to build our building, right?
And that is part of the deal. You see, with those $70 million, we start building in
some other place that -- another land that belongs to the City of Miami; land that is
not paying taxes and that also have the potential of paying taxes, you see. We use
that $70 million, and then what we do is with the additional tax that we are going to
receive from that building, and also what we are receiving from you with the 2
percent and all of that, we will earmark that -- those funds into paying a loan or
whatever. We will leverage that money to complete the rest of the -- of
Administration Building cost. And in less -- I guarantee you that in less than 14
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years, we will have a brand-new building. The way that the existing deal is being
scheduled, it will -- we will own that building 30 years from now, and we will not be
receiving anything. At the end of the 15th year, the City will be receiving yearly
around $10 million, forever, forever. That is why I do agree, and that's why we were
crunching numbers when you came to my office, and that's why I do wholeheartedly
agree with Commissioner Carollo. And to that effect, I would like to propose an
ordinance, you know. I don't -- direct the Manager to do a cost -benefit analysis on
sites such as the Marlin Park. As a matter of fact, just -- we did some preliminary
finding, talking to the Marlins, and I know that we have a covenant that we have to
produce some parking spaces, right? But we can probably enter in an agreement --
into an agreement with them, and we will -- I mean, they were very -- they wanted to
listen to us. And we have all the properties, also. We have -- hey, listen, it would
look nice, real -- next to the City Hall right here in Regatta Park. That will be an
excellent place to build it, because we are -- I mean, we all be all together. There is
also a building -- some land in some other places, like in 12th Avenue, you see, that -
- the old GSA (General Services Administration) land. So it will behoove us and it
will be to our -- the benefit to the City to consider building it someplace else, selling
our right, getting our money; leveraging that, what we going to get from them,
paying it off in 15 years, and then we will have a brand-new building in 15 years;
whereas, if we keep on, if we do it the other way, well, in 30 years from now, then
we're going to get an old building. We're going to own an old building, and we have
lost a lot of money. It's -- There's a tremendous opportunity cost that we will have to
incur by building over there. And also, as I talked to you, Mr. Adler, it behooves you
not to have an Administration Building next to it. The -- I mean, your property value
will increase, and you will be able to ask more for your apartments. Okay? And
that's why I will like to direct the Manager into looking into all possible -- including
this land that we're -- remember, we used to have here the -- this was the Dinner Key
Convention Center before it became a park. Okay? Also, looking at -- look all the
possible sites that we could build the Administration Building, using that -- it is
possible to do it the way that I said; isn't that right?
Mr. Adler: Yes.
Commissioner Reyes: Isn't that right?
Vice Chair Russell: It is possible.
Commissioner Reyes: And you will agree on building up -- and you estimated it was
$140 million; that's what you said.
Mr. Adler: Yes.
Commissioner Reyes: You see, that way, we will be paying it real --faster. And at
the end of the payment, we will -- the City will receive more than $10 million per
year, forever.
NA.5
DISCUSSION ITEM
4611
DIRECTION BY THE CITY COMMISSION TO THE CITY CLERK TO
PLACE BALLOT QUESTIONS BEING CONSIDERED AT THE CITY
Office of the City
OF MIAMI'S SPECIAL ELECTION SCHEDULED FOR NOVEMBER
Cierk
6, 2018, IN THE FOLLOWING ORDER ON THE BALLOT: 1) MIAMI
FREEDOM PARK, LLC AND 2) LANCELOT MIAMI RIVER, LLC.
RESULT: DISCUSSED
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ADJOURNMENT
Mr. Hannon: Vice Chair, as you all know, we already have one ballot question
scheduled for the November 6 election, so I just need direction from the Commission.
Would you like the Miami Freedom Park question first, followed by the sale of the
MRC? Is that acceptable?
Vice Chair Russell: Yes. I believe that order -- unless the Commission feels
separately, I believe that would be the right direction.
Mr. Hannon: Thank you, sir.
Commissioner Carollo: I agree.
Vice Chair Russell: Agreed?
Commissioner Carollo: Agreed.
Vice Chair Russell: Direction is given. Thank you very much.
The meeting adjourned at 6: 27 p. m.
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