Loading...
HomeMy WebLinkAboutCC 2018-11-15 Minutes City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com MeetingMinutes Thursday,,201 9:00 AM City Hall City Commission ,Mayor KeonHardemon, Chair Ken Russell, Vice Chair Wifredo(Willy)Gort, Commissioner, District One Carollo, Commissioner, District Three , Commissioner, District Four ,CityManager VictoriaMéndez, City Attorney ToddB. Hannon, City Clerk City Commission Meeting Minutes November 15, 2018 CALL TO ORDER Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, and Commissioner Reyes. Absent: Commissioner Carollo On the 15th day of November 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 7:21 p.m., recessed at 9:47 p.m., reconvened at 9:54 p.m., and adjourned at 11:43 p.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: At this time I'll open up the public comment for items that are other than PZ.1, 2, and 3. So what that means is Item PZ.4, 5, 6, 7, 8, 10, and 11. I'm going to open up public comment for those items at this time. If you are a member of the public and you want to speak to those items, now is your opportunity to be heard. You have two minutes to address this body. State your first name, your last name, you may state your address, and what item it is that you're speaking of. Chair Hardemon: Is there any other public comment -- Richard Alayon: Thank you again. Chair Hardemon: -- on the PZ agenda that is left, besides PZ.1, 2, and 3? Sherman Rattner: Good evening. Sherman Rattner, President, 1809 Brickell Tenants Association, regarding PZ.10. And thank you all very much for your support of the measure earlier today. PZ.10 is a very admirable attempt to increase incentives for affordable housing, and I support it. I believe it needs to be more incentives, and what makes it unique, it's the effort to try to make affordable housing developable without having to rely on special kind of financing. The original version of it in 2015, obviously was not particularly useful, so this is an attempt to increase and make it more attractive, and I wholeheartedly support it. However, there is one provision in it that deeply troubles me, which is the provision to introduce T6-36 as a successionary \[sic\] zoning provision. And while I realize -- and I want to thank Director Garcia for his generous time in our discussions about this -- I know part of the requirements of zoning, it has to be citywide. This was intended for a particular area, but unfortunately, it will make it feasible in my opinion that the owner of the property that I am trying to preserve and protect, and I know everyone is working so hard to try to develop, will more likely make use of the PC-36 \[sic\] rather than the P6-24-B \[sic\] approach to doing things, so -- and this could happen in other properties in a similar situation without the City. So I would ask that you approve the measure, but you at this time withdraw that portion of it until further consideration. Thank you. City of Miami Page 1 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Thank you, sir. Seeing no other person here for public comment on those items -- Public comment? Edward Martos: Yes. Commissioners, I understand it's your intention to defer all items other than 1 through 3? Chair Hardemon: No. Vice Chair Russell: No. Mr. Martos: That is not your intention. Chair Hardemon: That's not my intention. Mr. Martos: I'm mistaken. Thank you. Chair Hardemon: I want to close the public comment on the other items besides PZ.1, 2, and 3. PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ ORDER OF THE DAY Victoria Méndez (City Attorney): I haven't read my -- Chairman, I'm going to read my little -- PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any 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 in the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring further City Commission approval, the applicant will then present its application for -- or request to the City Commission. If the appellant -- applicant agrees with the staff recommendation, the City Commission may proceed to a deliberation and decision. The applicant may also waive the right to evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and in the City Code, providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by appellee. Staff will make any recommendations they may have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action for the City Commission must disclose before hearing anything or anyone in agreement to support/withhold objection to the requested action, pursuant to City Code Section 2- 8. Any documents offered to the City Commissioners that have not been provided City of Miami Page 2 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 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: Mr. Garcia, are there any items that need to be continued, withdrawn, or deferred? Francisco Garcia (Director, Planning): Yes, sir. I have received a request to continue Item PZ.9, and that would be to the January 24, 2019 Planning & Zoning agenda. That would be the NCDs (Neighborhood Conservation Districts) 1 -- I'm sorry -- NCD 2 and 3 amendments. And there is also a withdrawal of Item PZ.12. That would be an appeal for the Coconut Grove Playhouse exception. That is no longer valid. Chair Hardemon: Continuing PZ.9; withdrawing PZ.12. Vice Chair Russell: And -- yes. And on PZ.9, I'll be inviting any Commissioner who is interested to a sunshine meeting, either in December or early January before the Commission meeting. Chair Hardemon: Okay. Is there a motion in accordance? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Todd B. Hannon (City Clerk): And Chair, if you don't mind, I'm going to administer the oath. Chair Hardemon: And the oath, as well. Yeah, we need that. least as of this time, any items other than PZ.1, 2, and 3, may I please have you stand and raise your right hand. Those were items -- any items other than PZ.1, 2, and 3. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Hardemon: Right. City of Miami Page 3 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PZ.1 ORDINANCE First Reading 4667 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Department of AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESI "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 240, 270, 352, 372, 382, 301, 320, 250, 262, 365, 298, 300, 310, 340, 371, 353, AND 288 NORTHEAST 61 STREET; 401, 300, AND 415 NORTHEAST 62 STREET; 334, 350, AND 370 NORTHEAST 60 STREET; AND 6300, 6380, 6301, 6350, 5972, 5974, AND 5952 NORTHEAST 4 AVENUE, MIAMI, FLORIDA; AND BY CHANGING THE FUTURE LAND USE DIUM DENSITY RESTRICTED RAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN FOR A PORTION OF THE REAL PROPERTY AT 6001 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED NG FINDINGS; 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 PZ.1 was deferred to the February 28, 2019 Planning and Zoning Commission Meeting. Vice Chair Russell: Should we do the easy ones first? Chair Hardemon: I thought about that, but it seems as if -- Raise your hand if you're here for items other than PZ. 1, 2, and 3, other than Magic City. Raise your -- here for items other than PZ. 1, 2, and 3. Okay. So what I'm going to do is this: I'm going to first allow our Mayor to say a few words. Then I'm going to open up public comment for those items that are not PZ.1, 2, or 3. Mayor Francis Suarez: Thank you, Mr. Chair. I'll be very brief. I just want to speak on PZ.1, 2, and 3. As Mayor, one of my major platform positions has been to bring technology to the City of Miami and bring a vibrant tech hub to the City of Miami. We saw Amazon just this week decide to co-locate two headquarters, creating 25,000 jobs in each location at a significant public subsidy. What this project purports to do is create approximately 11,500 jobs -- in excess of 11,500 direct and indirect full-time jobs, with no public subsidy. This is a visionary project by a visionary ownership group, Anguilla Liberte, Bob Zangrillo, Tony Cho, and Neal Furman (phonetics). They have met with the community and have more community meetings still to have. I believe I received an email from the Concerned Leaders of Little Haiti today supporting the project, but I've also gotten concerns from the Community Justice Project about having an open discussion and open meeting. I leave it to this Commission to decide the size, scope, and scale of these -- City of Miami Page 4 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 of this development. I know that members of the Upper Eastside have concerns, and those are things that always have to be taken into account in the very difficult decisions that you all have to make in your Planning & Zoning role, and I trust you to make those decisions. I can tell you that I'm continuing to meet with members of the homeowners association groups to advance some SAP (Special Area Plan) reforms in the future, and I look forward to working with this Commission to enact them, as well. Thank you, and good luck. Chair Hardemon: Okay, so now, the item that we have all been waiting for. Commissioner Gort: Which one? Chair Hardemon: I open up the floor for public comment for Items PZ.1, 2, and 3. If you are here and you are a member of the public, and you came to comment on Items PZ.1, 2, and 3 -- Commissioner Reyes: Oh, my God. Chair Hardemon: -- this is your opportunity to make such comments. You can address either of the two lecterns. State your first name, and your last name, and we already know what the items are that you're here for. Todd B. Hannon (City Clerk): Chair, once -- Chair Hardemon: Two minutes to -- and you have to swear them in -- address this body, okay? Mr. City Clerk. Mr. Hannon: Excuse me, ladies and gentlemen. If you can raise your right hand, and that's -- this is for anyone who's speaking, so anyone else who's not in line, but if you're thinking of speaking, please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Hardemon: My lucky hand is my right hand. Sir, you're recognized to speak. Guy Sharon: Hello. My name is Guy Sharon. The address is 120 Northeast 27th Street, Miami. I'm in the real estate business for 25 years. I'm originally from Israel, but developing real estate projects in London, Prague, and different locations in Florida. I have known Tony Cho for the last 10 years, and I was always impressed by his vision, creativity, and innovation. His ability to put himself as a frontier is something very unique in our business. He's not your typical real estate developer. He's more of a community and a people person. Environmental, art, music, welfare, and doing the right things are always a priority at everything he does. I believe the City of Miami got enough luxury, bombastic development, but what we are really missing is a Magic City project which can bring all the right, important things, all the right, important ingredients, and will bring the whole community together that will definitely transform the area and the people, and put them in a new better place, will encourage unique visionary people, like the one involved in Magic City, and to keep on creating a better Miami for all of us. Thank you for listening. Vice Chair Russell: Thank you. City of Miami Page 5 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Oren Alexander: Hi. My name is Oren Alexander. I'm a resident of 3541 Flamingo Drive, in Miami Beach; born and raised in Miami, educated at the fine public schools of Miami-Dade County. I left Miami after -- for university, and built my business and career in New York, and then came back here recently. And the reason why I took that gap in my 20s is really that Miami lacks jobs for young professionals. So what I love about this project in particular really is that we're looking to create a tech hub for Miami, which is what Miami needs. We all know the future of theUS (United States) job market is in tech. And right now, given the favorable tax climate we have here in Florida, a lot of tech companies would like to come to Florida; they just don't have a place to call home. So instead of relying on, you know, the main businesses that we have locally here in Miami, like the cruise lines and Burger King, and so forth, about time we bring in real jobs that will really help boost the whole economy here in Miami. So I'm a big proponent of the project. I've come to know all the developers involved, and I think they truly want to make a difference for our City. Thank you. Vice Chair Russell: Thank you very much. Pat Santangelo: Good afternoon. My name is Pat Santangelo, 7100 Biscayne Boulevard, Miami. I'm here representing several Haitian-American business owners who cannot be here tonight; specifically, Mr. Piman Bouk, who is also known as Nelson Voltaire, but he's the owner of Radio Piman Bouk. He has Piman Bouk Bakery, Piman Bouk Restaurant, Chez Bebe Restaurant, in addition to other properties in Little Haiti. He's strongly in favor of this project. In addition, I'm here representing the Deveaux -- the Deveaux (phonetic) family, Dr. Deveaux and her husband, Herbie. They have properties -- Community Medical Center -- located in Little Haiti. They employ 50 to 60 people from the community; are strongly in favor; in addition, All Florida Construction Company, Haitian-owned and operated, who have been participating in the construction of the Magic City. On behalf of myself, I'm on the board of the Little Haiti Football Club, which is a nonprofit that serves about a hundred children in that neighborhood. It's a free program, and many people don't know, but Magic City has been paying the insurance for these children to play for the last three or four years. In addition to that, there's been some job programs that have been co-sponsored by Magic City. We had classes for Class 3 security license, free for Little Haiti residents; that Magic City paid for everybody's license. So again, those people and myself are here on behalf of -- hoping that you view this project favorably. Thank you. Vice Chair Russell: Thank you. Sherman Rattner: Good afternoon -- good evening. Sherman Rattner. And you know I care about affordable housing. It's not -- it so happened, the other evening I spent with residents of the community. These are residents who, coming here for this kind of meeting, just like it's difficult for the seniors to come to this meeting from our building, it's almost impossible for them to get here, so their voice has to be heard. Somebody has to listen. Somebody has to speak for them. And it's not that anybody is against this project, because it really comes down to the numbers. And from what I gathered from the residents is that they have not been listened to. You can have all of these nice numbers. This is going to have a tremendous impact on the community. Commissioner Carollo, he talked about the deal, and we saw that the numbers were very different from -- thank you. We saw that numbers can be very different things. So is it a bad project? Well, it really depends on the numbers. So what I believe is the same kind of thing that is beginning to happen, thanks to Commissioner Russell, Mayor Suarez, where the government is beginning to pay attention to our situation, you need to listen to those other voices so that -- the best deal for the community. It City of Miami Page 6 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 needs affordable housing. They are not providing the affordable housing needed for the jobs they are claiming to create. Thank you very much. Vice Chair Russell: Thank you. Elvis Cruz: Thank you, Vice Chair. Elvis Cruz, 631 Northeast 57th Street. Commissioners, I am strongly opposed to this item for two main reasons: One, the City of Miami is already hugely over-zoned. The City of Miami is currently zoned to allow eight times more housing units than were counted in the 2010 census. That is before any up-zoning or any special area plan like this one. We already know what our traffic is like, hurricane evacuation times, portable water supply, sewage capacity, as current. Imagine when it's twice as much population, four times, six times, eight times. And we're already zoned to allow eight times more population than were counted in the 2010 census. Miami is hugely over-zoned. We should be down-zoning, not up-zoning. Secondly, this proposal is illegal. I've passed out a copy of Miami 21, Section 3.9.1, and I've highlighted H-10, where it says: "Capacity or height distribution does not result in development that is out of scale or character with the surrounding area." We all know English, and it's quite plain that this proposal, with 12-story, 15-story, as high as 25-story buildings in a neighborhood which is one and two stories, that would violate the black letter of the law of your own special area plan laws. Lastly, the Morningside Civic Association has taken a position. I've handed out the letter to you. We have serious problems with this. We request that these issues be addressed, including height, density, traffic issues, 5 a.m. and 3 a.m. liquor licenses, and temporary use permits. For these reasons, I ask that you deny this special area plan. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Michelle Berlin: Hi. MichelleBerlin. I'm a resident of Miami Beach, and I am a proponent for the Magic City project. I think that Tony Cho and his team are --want to support community and support small business owners, which is really the fabric and the heart of community, and to keep the cash flowing in the local economy. Thank you. William Talbert: Good evening. It's Bill Talbert again, 1601 Nocatee Drive, Coconut Grove, Florida, United States of America. I'm here in support of Magic City. I've lived in this city for 50 years. This is the right project at the right time for the right neighborhood. We know this development team. We have enormous confidence in their ability to deliver. It's about jobs, jobs, jobs. It's about affordable housing. We've worked recently, very successfully with Unite. The union is at the table here. We're excited about that. We urge you to vote "yes." Thank you very much. Meena Jagannath: Good evening. My name is Meena Jagannath, from the Community Justice Project; address, 3000 Biscayne Boulevard. I have handed to the Clerk some copies. It's a statement and a letter that I wanted to enter into the record. The letter is a request for intervenor status for FANM (Fanm Ayisyen Nan Miyami, Inc.), on behalf of itself and its members and (UNINTELLIGIBLE). Given the hour and the number of people here left to speak, and the fact that some of the people on whose behalf we're making the request, were not able to make it for health concerns, I'm willing to make the request at the next hearing, if any, but I would like -- I would respectfully request to make a statement. So the second document that you see there is a detailed statement of concerns and supporting evidence on PZ (Planning & Zoning) Items 1 and 2. I think they say "1 and 2," but let the record reflect that they should also apply to Item 3. I don't want to go through that document extensively, except to say that it raises important questions about the application, its compatibility with the surrounding neighborhoods, its inconsistencies City of Miami Page 7 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 with the Miami Comprehensive Neighborhood Plan, and it makes deep changes to the Miami 21 section on public benefits, including, you know, calculation of bonus site, and those kinds of things that we need to look at very closely before approving. It questions also the fact that there's been no analysis about the environmental impact of this project. Curiously, it is just a -- the impact statement is a -- only a condition of getting a building permit, and I don't understand how the Commission can vote on it without actually having all the information in front it in terms of how - - what environmental impact this project will have on the surrounding neighborhood. And just more generally, we are asking for a deferral today. As some voices will make it clear, Magic City had declined to hold a meeting publicly, where everyone could hear the project at one time, and have benefit of hearing the comments and questions of other in their community. We brought this up several times to Magic City, and requested a community conversation. Magic City has thus far refused. And we have concerns that this is not the way that we should negotiate community benefits. Experts on community benefits agreements call inclusiveness in the democratic process one of the most important values to protect. They have to be accountable to the surrounding neighborhoods, and involve a broad swath of the community. In CBA (Community Benefits Agreement) negotiations elsewhere, there have been channels for representative organizations to caucus with the community, and to report back the contents of any offer for the residents to approve, comment on, or reject. This is the kind of transparency and accountability we need to strive for if we're truly to come out of this process stronger. Today's press release shows that -- from Legal Services -- there are other leaders in Little Haiti that have been working hard to secure some benefits for the community. We appreciate that work, but we still need to go further. We cannot come up here and unequivocally support a project without knowing the specifics about the benefits and how those benefits are going to be reflected in the final documents that are before you right now. We need to see all the promises memorialized meaningfully, and with enforcement provisions in the development agreement and the regulating plan that you are reviewing. We should not have to give up our first bite at the apple and hope that things will look as we want them to before the time for a second bite comes around. We can't ask the community to give up its chance to ask questions. These hearings seem to be one of the few places where people from a lot of different places can come together and hear what others have to say about this project. But this shouldn't be so. We should have had this conversation a long time ago. And if it takes time to develop consensus across different stakeholders, so be it; we'll be stronger for it. I'm going to skip just to get to the meat of this. We're not anti-development. We just want to develop in a way that doesn't lead to displacement as rents rise across the neighborhood. We have heard big visions of what Magic City wants to do on this property, but we want to see that reflected in both the process and the documents that structure their development. We know that we'll be painted as the naysayers and people who will never be satisfied, but that's unfair. We're just trying to ensure that the surrounding community doesn't place -- pay the price for a sloppy, non-transparent, and rushed process. We owe it to Little Haiti to take this step by step, and we need the City to be our partner in this. SAPs (special area plans) going forward are going to look at this one as a blueprint, so we have to get this one right; there's no other choice. For example, housing is a top priority for the surrounding communities -- for the surrounding community. If benefits are to be offered, resources should be concentrated on this benefit: There should be onsite affordable housing at 60 percent AMI (average median income) or below, measured as units, not a percentage of the total habitable space, which presumably could include common areas and hallways. All housing should be affordable -- at the affordable level. As this Commission well knows, workforce housing is misleading, because it is set by its application up to 140 percent AMI, based on the County AMI, which means that rents would be set at much higher than the current market rate in Miami, where median household income is much lower than the HUD (Department of Housing and Urban Development) number. If any workforce units -- well, all 21 percent, actually, City of Miami Page 8 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 of what the developer is proffering should be affordable, in addition to the monies that are being offered for the fund. While we know that this project is privately funded, and often we've heard from the developers that there's not enough money to make this provision, we know that the density bonuses that they are getting operate as a public subsidy. They should be providing much more affordable housing onsite, and it should be units per the amount of entitlements that they're asking for in this project. We know that the problem of housing and other entrenched economic problems of the City are not going to be solved by one development, but we don't want to make those problems worse. Given the level of development coming to Little Haiti, we echo our previous calls for a moratorium on SAPs as we come up with a more comprehensive plan for Little Haiti, like a Neighborhood Revitalization District. It cannot be that all development must displace. We cannot accept that as a basic development principle. We have to design against displacement and come up with active ways to combat that. Let's be creative. Last thing, we also need to take a serious look at the SAP guidelines and amend those to actually impose more requirements on developers that are seeking this level of entitlement. They would know what they were getting into on the front end, and the community would have greater footing to negotiate with developers seeking to build projects that will have out-size impacts on the neighborhood. Thank you. Chair Hardemon: Thank you for being amenable to us not deciding on intervenor status today. Six minutes of this saved us an hour of debate. You're recognized, ma'am. Vivian Belzaguy: Good evening. Thank you for being here so late to hear us. My name is Vivian Belzaguy. I'm the founder of Idea Garden Creativity and Consulting, and partner of Eat My Pies, a catering company based in Little Haiti. My address is 8307 Northwest 195th Terrace, Miami, Florida 33015. I am a Miami born and raised environmentalist, and have 14 years of experience working in event marketing and project management. In an effort to combine my passions for events and protecting our planet, I'm currently in the process of becoming a certified event sustainability consultant, with the vision of creating major positive shifts in the way large events impact our City. Understanding the magnitude of the Magic City Innovation District, the events that will be held there, and their potential environmental impact, I was very excited to see sustainability among the four pillars of the project, because I believe it also has the ability to create positive impacts on the environment, as well as the consciousness and behavior of our many citizens in attendance. I have had conversations with Magic City's leadership team on this topic, and their receptiveness to my ideas for providing educational resources and operational support to these events has been quite refreshing. It is my impression that they are open to partnering with businesses like mine in order to message, and more importantly, execute sustainable initiatives in excellence. I have also seen Magic City take initiative in supporting the existing small businesses and residents of Little Haiti, which speaks volumes to how they are contributing towards the overall sustainability of the neighborhood, especially in comparison with other developers. Miami currently ranks second in US (United States) cities vulnerable to climate change; yet, it ranked Number 58 in this year's UN (United Nations) Sustainable Development Goals Index. To know that Magic City's mission takes into account the importance of sustainability and that they intend to act on that gives me hope for bridging that gap and for the future of our beautiful City. Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Julian Uribe: Good evening, Chairman, Commissioners. My name is Julian Uribe, and I have lived in Miami-Dade since 1991. During the past 27 years, I have witnessed, been part of the dramatic changes and growth that have taken place; the rebirth of Brickell Avenue, Midtown, Wynwood, River District, Buena Vista, to name City of Miami Page 9 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 a few. And now it's time for the Little River/Little Haiti (UNINTELLIGIBLE) Magic City. Change is always exciting. It attracts and creates opportunity for many and all. I own a construction company that has been part of the construction boom in Miami-Dade since 2002. Over the past 16 years, we have paid over $8 million in salaries to local employees, and purchased over $12 million in goods and services from local vendors and manufacturers. Development is the catalyst for a long and prosperous chain of direct benefits to a community. First are the direct investment in construction, architects, engineering, and all other related services. Second come the jobs created by these new tenants and companies that relocate there. These new businesses require a myriad of services, and the local community has that local advantage to gain that benefit. It can be anything from a range of maintenance jobs to professional goods, food, services, entertainment, you name it. Third and last, and most important, it's the tangible improvement to the quality of life; safer streets, better schools, and an increase in the value of properties. Everyone benefits. Limiting growth of development because it does not cure or solve all the pre-existing issues in a community is the equivalent of not repairing roads, because not everyone maybe wants to drive them or has a car. In every circumstance, there will be issues that will remain beyond the ability of the best intentions to remedy. Magic City, I know, has all those best intentions, is a conscious group of individuals that wants to bring some major changes to the way things operate in Miami, and the benefits of the community. And I'm here as a proponent, and I hope it goes through. Thank you. Chair Hardemon: Thank you, sir. Renita Holmes: Good evening again. Thank you for your patience. Madam Holmes of Wave of Women in Public Housing, Education, Finance, and Development. I'd like to thank you, Commissioner Reyes, for letting me borrow your glasses. I lost the mike. I hear you can talk without seeing, and then -- but what you say and what you see are two different things. And it's been a history of comprehensive planning and the State Statute 1633164 named comprehensive without any real understanding. I hear what you say, but I don't see what you say. We make conversation here quite often between those "haves" and the "have nots," those who owns businesses in the area that benefit from it being a slum with relationships with those who develop it for those who provide more income and higher income, and I don't see the fairness in the community planning at that point. We have influence. We have those here that are poor that cannot afford an attorney. We can't afford a Mr. Berkowitz. We can't afford a Holland and Knight. I thank God for Meena Jagannath, counselor, because at least now I can comprehend some terminology, you know? But I hear what you're saying. And I'm going to leave it at this: What has it been in the history of the City of Miami and Miami-Dade County when it comes to conclusionary \[sic\] zoning, having inclusionary benefits, long-term profits? I saw a great negotiation for those on the side with the beach bums and with people that got all that money down there, you know? But honestly, I don't hear the real impact that it's going to have increasing the households that exist there right -- but in closing, Commissioner, we have a history, a pattern and trend in using that comprehensive -- law of comprehensive master-planning and planning and zoning to do legal quasi-judicial hearings where evidence may -- only promises that people make, but negotiation continues. To me, it's not comprehensive and it's not fair. Magic City, now you see it, then you won't, because you won't be able. The buildings go up and your house disappears. Is that what Magic City meant when African Americans and Nicaraguans, and all type of families lived there that were working force people? No. We're steadily disappearing. I see no magic, I see no miracles, and I see no fairness, and I just can't comprehend. Thank you so much, gentlemen, for sitting there, hearing this for 12 hours. I think it's even further unfair that you sit for six hours, and then you get to get two minutes, and then you still don't have enough evidence coming back; nothing written. Thank God for Elvis and thank God for you. City of Miami Page 10 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Thank you. Ms. Holmes: "Asalamalakum." Chair Hardemon: You're recognized, sir. Kyle Head: Good evening, Commissioner and Chairman. I am -- my name's Kyle Head. Oh, it's good, yeah. And I am here as a representative of Magic City, and I, for one, am extremely excited about this project. I really believe in Tony Cho, and all the people behind the project. I know Tony and I know his intention. I know he is about the community. I know he is here to help with Little Haiti in bringing it together. And I'm an artist, and he supports artists and he supports community, and that's all I have to say. So thank you. Bill Hoolihan: Hi. My name's Bill Hoolihan. I reside at 2475 Brickell Avenue. Commissioner Gort: Speak in the mike. Bring the mike up. Mr. Hoolihan: It's too short, sir. How's that? Chair Hardemon: Us tall people have that problem all the time. Mr. Hoolihan: That's funny. Commissioner Gort: Yeah. I have that problem all the time. Mr. Hoolihan: I've been a resident of Miami since 1957. I challenge a few of you in this room to beat that. I'd like to talk to you outside. I've raised a family in Miami. Chair Hardemon: Can you raise the mike closer? Mr. Hoolihan: I'm trying, Commissioner. This is hard. I've raised a family in Miami. I've had a successful career in Miami. I love Miami. And I've watched Miami change, and it normally changes for the good. Every 10 years, Miami reinvents itself. We're like Madonna. The '60s and '70s of my youth are not what they are today. And change in this instance is good, I believe. The Magic City people are bringing a lot of good to this area. They're rehabbing buildings. This building is a rehab. This building was technologically obsolete, and now look at it. Change happens. Change is good. We see it everywhere. Even our weather is changing. We need to embrace this change. We need to embrace the innovation that it's bringing. This is a good project. I encourage you all to vote for it. Thank you. Chair Hardemon: Thank you, sir. Ma'am. Ma'am. Gina Gorelik: Yes. Hello. My name is Gina Gorelik. I'm a Miami Beach resident. I live at 3433 Garden Avenue. So we heard the opposers \[sic\] of the project today talk about how many residents haven't had a chance to be heard or are unable to be here. When I arrived here today around noon, I saw literally hundreds of people that made it a point to come here today to vote for this project. There are so many residents that are excited about this project, that trust in this project, that trust in the integrity of this group, and not only do we know that this project will bring jobs and opportunity, growth, expansion, further culture to this neighborhood, but Tony, whom I know personally, he is not just a developer. He is a community builder, and that is always his priority. He is highly devoted to environmental issues, environmental causes, et cetera, and I completely trust that his intentions and his vision, and the vision of his partners will make this neighborhood absolutely amazing. Thank you. City of Miami Page 11 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Thank you. James Brown: Good evening. My name is James Brown. I reside at 13645 Old Cutler Road, Palmetto Bay, Florida. I'm an affordable housing developer. I have an accounting degree from University of Miami. I have a master's degree from Nova University. I worked corporate America for many years, and then I decided to become an affordable housing developer to address some of the needs in our community. I purchased my first 87 lots from Lennar Homes. I spent two years with them learning how to be a developer. It's amazing what can happen when large developers and a small developer come together. And since that time, we've been able to build hundreds of homes. I want to speak tonight about the impact that this project will have on affordable and workforce housing. This developer has committed over and above to provide affordable and workforce housing. We have had several meetings where we have entered into an agreement that I would sort of head up some of the affordable housing development. And so, I urge the Commission to approve this project. Upon approval of this project -- excuse me -- we will roll out an aggressive plan to increase the number of minority homeowners. This will be accomplished by creating home buying counseling centers to prepare applicants for homeownership. The center will focus on assisting applicants with credit repair and down payment assistance, which are the top two stumbling blocks to homeownership. Also, we will partner with the City of Miami, banks, and other stakeholders to bring resources and education to make the American dream a reality for low- to middle-income families. When we talk about affordable housing, you just can't go into a community and start building. It takes more than that for our people to understand the process. So in my company, what we do, we prequalify people. We hold counseling centers; we help do credit repair. And so, even before we start development, we meet with the families. We get people prequalified, so when these homes are being constructed, they have the first opportunity to buy these homes. Chair Hardemon: Thank you very much, sir. Mr. Brown: Thank you. Chair Hardemon: Appreciate it. You're recognized, sir. Andres Salazar: Good evening, sir. Thank you for your time. My name is Andres Salazar. I reside at 5900 Northeast 2nd Ave. I am an artist, and I've always seen Tony Cho as a genuine person, very cordial. He supports small businesses. He supports small businesses in Wynwood, like Panther Coffee, Zack the Baker. He's always stood firmly against corporate chains. I see that with Magic City, he'll bring innovation technology and growth through community outreach programs, events. He helps out artists all the time. And from what I've seen from Little Haiti, it's been the same for 10 years, from its poverty to failed businesses. With Magic City and its innovation and its programs and its buildings, it's going to bring a lot of jobs. It's going to help a lot of artists and people all around, and it's going to help the community as a whole. Thank you for your time. Chair Hardemon: You're recognized, ma'am. Alana Greer: Alana Greer, 2462 Southwest 20th Street. I'm here today in opposition -- I'm here today because I believe in Little Haiti and its leadership. I believe that small business owners and renters who have come together and who are dealing with crazy displacement right now, before this building's even up, should be at the table and be meaningfully allowed to shape the future of this community, and not ceding it in a process that was broken to begin with. I really think the special area plan process in general needs to be looked at to be able to create meaningful opportunities; not just at this last stage of the process, but early on, to really look at City of Miami Page 12 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 what affordability, what displacement, what impact on small businesses is going to look like from the get-go. There are so many different developments being proposed in Little Haiti right now and the surrounding areas. We need to take a moment to have a comprehensive look at those and look at what is going to be done before we move forward on a big project like this. The property at issue here was a mobile home park; one of the last forms of affordable housing. When the applicant took possession of it, those families, dozens of families were displaced to make room for it. And I think that's really important to know, because the displacement that's happening is not just going to be about what's in this property, but it's going to rapidly accelerate what's going on. And so, the benefits that are extended in this public grant of rights to this group has to match that. Workforce housing -- we're talking about $2,000 for a one-bedroom. That's higher than market rate, what's going to be built. And so, I think we really need to look at the reality of what these will look like for the people in this community, for all of us here in Miami, and if we're looking at a visionary future of innovation and technology, who actually gets to be part of that? Shaping a vision, who actually gets to be part of it once it's there? And if we don't have that conversation now, the answer is going to be, no one in the Haitian community, meaningfully. And so, I really hope that we take the time to do this process right, and we take the time to look at other SAPs coming down the pike, and do that right, as well. Thank you. Chair Hardemon: Sir. Nathan Winship: NathanWinship, 325 South Biscayne Boulevard. I'm here in support of the project. I think everyone would agree that Miami needs to increase its technological opportunities, and this is really a good place where -- you know -- good opportunity for young entrepreneurs to come in and build up, you know, companies. You know, maybe we'll have, you know, the nice Google, the nice, you know, Uber coming out of Miami. It's a very exciting project and, you know, it's really going in an area that is really just, you know, vacant warehouses. You know, it's not displacing anyone living there, and it's going to contribute lots and lots of -- you know -- millions of dollars to the City that, you know, the City can use for many good purposes. So thank you. Chair Hardemon: You're recognized. Jack Conrad: Good evening. Thank you for the opportunity to be here. My name is Jack Conrad. I reside in Edgewater at 2020 North Bayshore Drive. I work in the communities of Little River and Little Haiti. I call on business owners and property owners daily, and I've spoken with them over the last couple of years and -- as this project has grown, and I've seen the missions -- or the pillars of this project. I've come to believe in it and support it. I've spoken with the business owners and property owners, and they're in support of it, as well, with, as they say -- what is it? - - as the tide rises, all the boats rise? So I think it's progress. It represents a lot of great things for the community. And we've all seen growth in different parts of the City, in Brickell, in Midtown, Design District. In all of those projects that have been built and developed over the past 20, 30 years, how often have you seen projects that have the pillars of sustainability, health and wellness, technology, and arts and entertainment as the foundation of the project? It's rare that you see that. I've known Tony since I lived here for 18 years, and I believe in his mission. And he speaks from the heart. He lives from the heart. And I'm in support of this project, and I think you should, as well. Thank you. Tomas Kennedy: Hi. I'm Tomas Kennedy. I live in 2398 Coral Way, Apartment 3, Miami, Florida 33145. I'm here representing the Florida Immigrant Coalition, who I work for, and we are standing in support of FANM and Community Justice Project in opposing this item, and also calling for a deferment. As Alana and Meena City of Miami Page 13 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 previously outlined, the economic, environmental, and community impact, the negative impacts of this development, it's clear that this project needs more development. The community was not properly consulted into it. And the bottom line is that people are going to be displaced by this; people from the neighborhood. It's going to radically alter the makeup of this historic neighborhood, and we need to go back to the drawing table on this. And I just want to say that, you know, what they spoke about is a much more compelling argument to me than, you know, the fact that the developer is a nice guy, and this is a really exciting project. Like, we really need to be more responsible with developmenting \[sic\] in Miami-Dade -- in Miami -- in the City of Miami. Thank you. Christopher Staley: Good evening. My name is Christopher Staley. My residence is 495 Brickell Avenue, Miami, Florida. I've been a resident of Miami for the past six years, helping build the technology and innovation sector here. We've created countless jobs. We've launched numerous companies. And I haven't come across very many projects that have been as innovative as Magic City has been; not just here in South Florida, but all over the United States, and through my career. My understanding -- and I've been a friend of Tony's for a while now. He grew up in an intentional community, so he's all about consciousness, and that reflects in a lot of his daily decisions around creating social impacts for as many things as he's possibly involved with. There are countless amount of people outside today that --I don't think all of them could have made it -- men, women; elderly that, unfortunately, probably couldn't stay. But Tony's probably one of the most conscious people I know and most inclusive people I know. And the City needs a Magic City in order to be continue -- to continue to be relevant in the innovation agenda in the United States, especially in the social front. So if there's one group of people that can make this happen, I'm extremely confident in this group that you're looking at. Thank you for your time. Chair Hardemon: Sir, you're recognized. Herve Damas: Good evening, gentlemen. Thank you for the time. My name is Dr. Herve Damas. I'm a physician. In a prior life, I was an athlete, professional athlete, so my take on this comes from the health and wellness point of view in my introduction to the project. I am a Miami transplant from New York; moved here in 2004; first came here in 1995 as a rookie with the Bills, and I think we took a loss, but fell in love with the City since then. What I find amazing about the idea, the prospect of this project in Little Haiti is that I grew up in Brooklyn, New York, and I remember again looking at sports in Flatbush, other communities, Midwood, other -- they would get new courts, new this, new that. And we were in Flatbush, all Haitians, you know, a lot of us, and saying, "Why don't we have one of those? Why can't we have" -- "Why can't we get the basketball court? Why can't we get the field? Why can't we have the nice things? Why doesn't anybody value what we have here? Why don't you come here and do that? Because if you did it, we'd be really happy. It'd be really cool." No one invested in us back then. And being Haitian, I have family that lives in Little Haiti, I eat -- you know, that's where I get my Haitian food from, you know. I don't eat pork, sorry, right. Yo, I'm -- and I find it really important that a community that survived so much in terms of blight, in terms of drugs, in terms of crime, in terms of poverty, in terms -- all the things that they've had to survive and go through in order to get to this point where someone says, "I find value in what you've done here, and what you've done with yourself," I think to myself, "That's what I've always looked for," you know, in terms of how they approached me with a partnership, the nature of the -- I'm in health and wellness. I'm actually a cannabis physician. It's really important to me that minorities get exposed to that, because we've been the ones punished above anyone else in terms of -- we have very little access, very little understanding of it as a medicine and the law. And to have a project that welcomes that and that finds value in what Haitians have City of Miami Page 14 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 done with their community on their own, picking themselves up by the bootstrap and making that happen, I'm down. Chair Hardemon: Thank you very much, sir. Applause. Chair Hardemon: Was that for the cannabis? No? Christine King: Good evening, Commissioners. I am Christine King, President and CEO (Chief Executive Officer) of the Martin Luther King Economic Development Corporation. I have reviewed the community benefits proposed by the Magic City team, and although many of my friends are here in support of the project and its community benefits package, I cannot in good conscience. The negative impact of this project as proposed will be irreversible to the Little Haiti community. No one can reasonably argue that this project will not contribute to the gentrification of this community. Without a responsible community benefits package, we will lose Little Haiti. I urge you to deny the SAP application until its investors are willing to do the right thing and make a real investment in Little Haiti. Thank you. Chair Hardemon: You're recognized, ma'am. No clapping, please. Jean Kelly: My name is Jeannie Kelly. My address is 250 Northwest 23rd Street. I work in Little Haiti. I've lived in Miami for over 12 years, and I've seen many transients come in and out, so I do know that participation is the only way to change. Magic City creates a platform for the community to build off, and in researching other intentional communities, I feel that this is an opportunity to integrate multiple cultures, peoples, and ideas. By building its framework through education, technology, arts and entertainment, we're able to participate with one another in a positive manner. I understand that it's tough having so many unique individuals together, but if we can set our own judgments aside and focus on what's important, then this project has a chance to build this future city together, moving this mountain together, so we can live in a city that encourages independent companies with job growth and higher wages; creating models for housing that's not just affordable housing, but models that make housing that's affordable. This is a set intention for all of us here, and it takes small steps each day in a community that works together. I hope that we can use Magic City as a set example. Thank you. Wendi Walsh: Good evening, Chairman, Commissioners. My name is Wendi Walsh. I am the principal officer for Unite Here Local 55, the Hospitality Workers Union; 1525 Northwest 167th Street, Miami. I'm here to speak in favor of Magic City's application today. We represent -- our union represents more than 300 members and their families living in Little Haiti. These are some of our toughest members, who came here looking for a better life, and they're now the backbone of South Florida's hospitality industry, often working physically demanding jobs as housekeepers and dishwashers. Hospitality jobs often pay minimum wage, forcing employees to work two or three jobs to make ends meet. As the union, we take our role very seriously, striving to make sure these jobs have dignity, respect, and living wages. As you know, we don't always support development; in fact, we often oppose it. But unlike some of the developers coming into Little Haiti, this developer respectfully struggled with us and with others over the last several months to address the concerns. And today we're here to share with you that we have executed an agreement with Magic City which secures a cooperative relationship with the union and the developer, and which we're confident will benefit the residents of Little Haiti moving forward. Thank you. City of Miami Page 15 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Christine Johnson: Good evening. I'm Christine Johnson. I'm here representing the Miami-Dade Beacon Council as the Director of Tech and Innovation. Over the summer, the Metro 1 team hosted the Miami-Dade Beacon Council's Economic Development staff about the Magic City District Project. We have put -- been provided -- we have provided business assist, as well as referrals to connect the team to potential collaborators and tenants for the district within key industry sectors, as well as armed them with marketing materials, highlighting the County's business climate. In line with Miami-Dade Beacon Council's mission of supporting the growth and economic health of Miami-Dade County, we are in support of the Magic City District Project as an economic development driver for the City of Miami. The Magic City District's plans to enhance the innovation ecosystem as one of the County's robust hubs for innovation across two of our targeted industry sectors of technology and arts and creative design would be a valuable business asset as we continue to position Miami as a global city for the future. Thank you. Andres Nava: My name is Andres Nava. I am a resident at 3 Island Avenue, in Miami Beach. I moved from Mexico and have lived in South Florida for the past 12 years. I have worked at Metro 1 for the past six years, where I have been heading the leasing team for Magic City. I represent the real boots on the ground, speaking to local, national, and international businesses looking at being part of Magic City. Public benefits are definitely needed, but I believe that a vibrant and diversified economy, as well as access to world-class 21st Century job opportunities is needed to fix the roots of a problem like low-income demographics. Affordable housing is needed, but it doesn't fix the problem. Conscious development can fix the problem. We are committed to including both local businesses, as well as innovative businesses, like local coding academies that, as a matter of fact, most of them have scholarship programs. Today, more than half of the businesses we are including are from the local Little Haiti community. Magic City's vision is founded around four pillars; technology and innovation, sustainability, health and wellness and art, and entertainment. Everybody in this project is committed to these pillars, but most importantly, we are committed to inclusion in every level. I support Magic City and hope that you do, as well. Thank you. Denise Grant: Good evening. My name is Denise Grant, and I manage a studio at 363 Northeast 61st Street, in Little Haiti. I see the neighborhood every day, and there's just very little activity that's taking place, and that's because there isn't any real investment in the area. Magic City is already investing in their properties, which will bring people to the neighborhood. In addition, this project will bring opportunity, training, jobs, and visitors that spur economic development for those who already live there and have businesses there. The project includes extensive workforce and affordable housing, training programs, parks and green spaces for the public, a train station, and other area improvements. Please consider this a strong endorsement for the Magic City Innovation District. Thank you for your time. Patrick Volcin: Good evening. My name is Patrick Volcin. My address is 1525 Northwest 167th Street, Suite 450, Miami, Florida. I'm here today to speak in favor of the Magic City Project. I came to Florida from Haiti in 2004, and I care deeply about our community and Little Haiti. Our community needs projects where we are enclosed and where there are opportunities to advance. Magic City has committed to work with us to that end. I urge you to support this project. Thank you. Vice Chair Russell: Ma'am. Michelle McKoy: Hello. My name is Michelle McKoy. I live at 615 Northeast 22nd Street, Miami, 33137. I am an entrepreneur, the Miami Chapter President for the Virtual Reality Augmented Reality Association, which is a global company -- actually, a global organization -- with over 140 members. I'm also a board member City of Miami Page 16 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 for the Film and Entertainment Advisory Board, representing District 1. As co- founder of the Miami Virtual Reality Expo, my team supports the initiatives of Magic City Innovation District. Virtual Reality is a multi-billion-dollar industry, one of which should have a home here in Miami. In June 2018, Magic City Innovation District became a titled sponsor of our inaugural event, allowing us to use their venue to host the expo and providing much needed support. Our company, focused on virtual, augmented, and mixed reality, welcomes and support initiatives that embrace our vision for community awareness, education, and most importantly, community engagement. Their vision for supporting the local technology ecosystem has natural synergy with the Miami Virtual Reality Expo. At the -- as the initiative moves forward -- sorry. As their initiatives move forward, we hope there's further discussions for community benefits that include the local community with tech education and career development. This overall would benefit all parties involved, but most importantly, will provide a pathway for generational wealth. Thank you. Vice Chair Russell: Please. Sorry. Jessica Martin: Good evening. My name is Jessica Martin, and I live at 555 Northeast 63rd Street, just a few blocks away from Magic City. I'm here in support of Magic City and its developers, many of whom I know personally. I believe that change is inevitable in every community, and I have seen that occur as a former resident of Crown Heights, Brooklyn; only in that case, the change came solely based on monetary gains, without the consideration of a quality environment or arts and consciousness, and -- well as inclusion. And so, as a supporter of Magic City, I ask that you please give Little Haiti a chance to change consciously. Thank you. Vice Chair Russell: Thank you. Sir. Adrian Alan: Hello. Good afternoon. Magic City Innovation District has become the newly revised opportunity for growth of technology and -- Commissioner Gort: Name and address. Mr. Alan: I'm sorry? Commissioner Gort: Name and address. Vice Chair Russell: Your name, sir. Commissioner Gort: Your name. Mr. Alan: Adrian Alan. I'm with the Miami VR (Virtual Reality) Expo. All right. There have been quite a few initiatives brought to the fore, but this one, we stand behind. Our event, known as the Miami VR Expo, needed a home, and Magic City Innovation District took the chance on their outlook, as it was aligned with our agenda. Art and entertainment, tech education, innovation, software development, content creation, all a part of today's growing economy, is engrained within our strategic plan for success. And as I expressed, they are aligned with that, as well. Virtual Reality and Mixed Reality is here to stay, and its home in Miami we believe should be the Magic City Innovation District. We have already begun our ramp up for June 2019, and so far, the event will be noted as a destination event, attracting visitors from all around the world as VR-AR Tech is of global interest. And my colleague, Michelle, who just spoke, and I are happy that not only did we successfully launch the event this year at the Magic Innovation District this June that we could not have done it without the support and infrastructure provided by the Magic City Innovation District. So to close, we ask everyone to vote "yes" for Magic City, as the growth of our tech community depends on it. Thank you. City of Miami Page 17 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Vice Chair Russell: Thank you. Shiva Schiff: How are you doing? Good evening. My name is Dr. Shiva Schiff. I'm a Miami Beach resident, 2316 Bay Drive. So I have a practice in Miami Beach, and in my spare time, I like to do outreach programs and help people for providing sustainable or affordable healthcare. After talking to the developers at Magic City, they were telling me about basically open areas for treatment where they'll allow other practitioners to either come and share space, which will allow practitioners to keep their prices a lot lower for the local community, and this event you'll be able to help everybody in the neighborhood. As a practitioner that likes to do volunteer work -- I've actually been to Haiti doing chiro missions and things on that level --it sounds like a really great idea. I know that community building and change, radical change, is sometimes scary, but in this case, after hearing the new innovative ideas, I support Magic City. And thank you very much for your time. Have a good night. Alexa Zangrillo: Hi. My name is Alexa Zangrillo. I'm 22 years old, and I live in Miami Beach. I'm a strong supporter of Magic City. I've watched as the Magic City team worked so hard to create an environment in a city that will help grow a community to advance in terms of art, technology, innovation, education, and creativity. These five principles are key components for transforming a cultural area with strong historical roots into a community that grows the future of Miami. Magic City is beneficial to Miami, because as the City advances, so will all the members of the community. Magic City provides jobs, education, affordable housing, and amazing opportunities for everyone in the area. The best part and my favorite part of this entire project is how Magic City will preserve the culture of Little Haiti so that nothing is left behind or forgotten. Please approve this SAP. Jordan Landsberg: Good evening. My name's Jordan Landsberg. I reside at 1830 Southwest 23rd Street, in Miami, born and raised in Miami; a Little Haiti property owner for 14 years now, at 224 Northeast 59th Street. And I support this project. Tony Cho and his partners believe in and support the arts, culture, innovation, and technology. Magic City supports job training for the jobs of the future so that the residents and businesses -- business owners of the community will have new and emerging opportunities to compete. Magic City will bring jobs, business, technology, and innovation to Miami, and support the Little Haiti community. I urge you to do the right thing and support this project. Thank you. Megan Black: Hello. My name is Megan Black, and I live in Midtown Miami. I'm here to support the development of Magic City. I've been working in Little Haiti for the last year at a technology E-Commerce company called On Point Global. Our offices are located directly across the street from the Magic City Park, which was formerly the Magic City Trailer Park. Over the last year, there has been significant enhancements to the neighborhood due to the Magic City development. The historic DuPree Building has been preserved. The trailer park has been cleaned out to allow exposure of the beautiful historic trees, that it can be transformed into a forest of curiosities. The area of 62nd Street and Northeast 4th Avenue have been renovated from abandoned warehouses to beautiful offices. The SAP should be approved in order to keep the momentum of the enhancement of the neighborhood, as well as provide jobs to the people of Little Haiti, and to encourage more tech companies, like On Point, to set the tone of the Innovation District that will benefit not only Little Haiti, but the entire City of Miami. Thank you. Ximena Cho: Good evening, Chairman Hardemon and the members of the City Commission. My name is Ximena Cho; address, 120 Northeast 27th Street. Tony Cho, one of the partners in the project, is my husband. There is nothing that gives me more joy than to envision the opportunity for (UNINTELLIGIBLE) the creation of the Magic City Project. I see a place where everyone -- the City of Miami, the City of Miami Page 18 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Little Haiti community, and the Magic City Partnership -- are working together to uplift the lives of the members of the Little Haiti community. I know how much Tony, Neo, King, and Bob, the Magic City partners, believe in the people of Little Haiti, and admire their vibrant culture. As some of you know, Tony grew up in an intentional community here in Florida, and from an early age, took care of the less fortunate. It is in his DNA (deoxyribonucleic acid) to see the potential in everyone. Little Haiti plus Magic City equals your community; a community with the opportunities for education and innovation. I am personally looking forward to working with Little Haiti's established charities, focused on women's empowerment, children, youth, and seniors, as well as environmental initiatives for the neighborhood. There are a lot of people's life, literally at stake here, and I ask the City Commission to look into your hearts and envision this city of the future with us, where we, Miami, become a model that inspires other communities to collaborate in pride. Thank you. Alexander Wertheim: Good evening. I'll keep it short and sweet. My name's Alexander Wertheim. I reside at 1300 South Miami Avenue. I'm the owner of Spacio Design Build. The first time this Magic City was presented to me, I actually got really excited hearing about it to the point we've been having the opportunity to do a lot of the work that's going on right now in vanilla-boxing out a lot of the existing warehouses, and we're very committed to this project; really want you guys to vote "yes" to the point we've even rented an office in Magic City on 60th Street. And we look forward to this project continuing and making this the tech capital of the east coast. Love it. Thank you. Chair Hardemon: Father. Reginald Jean-Mary: My name is Father Reginald Jean-Mary. I'm the Administrator of Notre Dame d'Haiti Church, located at 130 Northeast 62nd Street. We are the direct neighbor of Magic City, and I represent the 5,000 members of the Church of Notre Dame d'Haiti. And this evening, I came for the 96 eligible voters from the church to pledge our support to the project of Magic City. In essence, I believe that Magic City Project will be productive and beneficial to the new generation, especially to our young people. I also believe that this project will bring a new face to Little Haiti. And I believe also that will (UNINTELLIGIBLE) the economic life of the people of Little Haiti. And most specially, many people, many opportunities that have been denied to this community, we will get them from this project. The only condition is that I'm not yet satisfied with the development agreement, and the reason why, Chairman, you are my Commissioner. We are your constituents, and I'm asking that you give us a seat at the table, because on affordable housing, I am not pleased. When I saw like two weeks ago, a lady from my church, with a mattress over her head, crossing 2nd Avenue in the middle of the rain, I had to stop my car, get her a room in one of another faithful of the church. I am not pleased with the affordable housing. The only way we can have our voice heard is only if you give us a seat at the table. I am requesting that from you. On jobs, I'm not satisfied. I believe there's still more things. There must be an ongoing dialogue with Magic City. But at the same time, I must tell you I am for the project, I support it, and I thank you for listening. My time is up, and so now (UNINTELLIGIBLE) "yes." Vice Chair Russell: Thank you. Marie Flore Lindor-Latortue: Chairman, members of Chambers, I'm always the teacher here, and I've been doing it with so much love. You received from me this. I've been here since noon. I am Dr. Flore Lindor-Latortue. I'm a mother. I'm a leader. I don't do under the table deal, because I'm a woman of integrity. I stand here tonight in favor of Magic City, and I'm removing the "I," making it "we" are City of Miami Page 19 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 standing here. We want to publicly thank you in August when you deferred Magic City, because you were acting as elected officials, and you were doing your duties to know exactly what the project is about. You sent everyone to do their homework. You gave us 90 days. And for the past 12 hours, I've been sitting here, and you've been working, listening carefully to everyone. Let me give you the chance to listen to us; not only me, Dr. Flore, but us; a total of 17 and more represented as faith-based organization. You have the example of Father Reggie. Speaking behind him and before him for Magic City, it's only God will, because sometimes you are put in position to make the right change. I give you this for you to see the good faith of Magic City developers. When we came here, we fought for the legacy of Little Haiti to remain, and the way that you promote legacy, it's with the name that you guys fought so hard for two years ago, and the name is right there. They respected it. Naturally, we did fight, each and every one of them, until the 13. They didn't want to meet with us, but they show good faith. As a professor, I always send my students to do their homework. For those opposing tonight, they only need to do the same homework we did collectively. Our concerned leaders are represented with people in media, priests, pastors, family, children. There's a beautiful child here waving -- where is she? -- she's waving at that Little Haiti/Magic City. Yes, the project is magical, not emotional, because they focus and they listen to us regarding housing, regarding jobs, regarding youth, the last letter here, "Y," for "youth." "C," for "Magic City." We fought for communication. Yes, we are at the first reading, and we stating not to defer on this month of Thanksgiving, where we are giving the chance to ask for them to get a chance to continue dialogue. And I am so proud to be among the Concerned Leaders of Little Haiti, because things we do are documented and sent to you regarding their good faith. You can do that. Yanick: Good evening, everybody. Good evening, Chairman. My name Yanick, from (UNINTELLIGIBLE) 54 2nd Avenue. Tony is not there, but I represent (UNINTELLIGIBLE). I support Magic City, because when the Father Jean-Juste be there, it got to be something, so I support Magic City. Yes, I am. Please. Nicholas Spisak: Good evening, everyone. My name is Nick Spisak. I live in downtown Miami at 253 Northeast 2nd Street, by way of San Diego, California. I'm a former commercial diver, who used to scrub the bottom of boats for six hours a day. Scrubbing boat bottoms gave me the opportunity to interact with the people who captained the boats. Fast forward six years, and today I'm a full-time boat captain, with a career that I'm very passionate about. I believe that change is difficult. I also believe that change is necessary for progress. I believe that with progress comes opportunity. I believe that creating a technology hub in the region while exposing people to the industry will not only provide opportunities for local high-paying jobs, but also opportunities to provide services to those earning those high incomes, such as (UNINTELLIGIBLE) hoteling businesses, landscaping businesses, pool services, handyman businesses, and other artisan opportunities that may not be available without Magic City's help. I believe in progress. I believe in opportunity. I believe in Magic City. Thank you. Jean Dorcelieu: Good evening. My name is Jean Dorcelieu, a resident of Little Haiti. I lived there for over decades, and I still have -- my family is there after a couple decades. I am with the Concerned Leaders of Little Haiti. Concerned Leaders is a growing coalition that focused on the elect advocacy and inclusive in a community development for the most vulnerable, our part in Miami, Little Haiti. We stand for comprehensive community benefit agreement on the areas of affordable housing, jobs, economic development, art, and culture, and educational training, seat at the table in negotiating in Magic City developer's agreement, alongside with the City, the City Master Plan Study for all Little Haiti. We support this project with the condition that the community be invited to a dialogue and negotiate the master, what matters most in the developer agreement alongside with the City and the City of Miami Page 20 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 developer. Last, but not least, we ask that the City grant us a seat at the table to negotiate and be heard within the developer agreement. Thank you. Nelson Sanchez: Good evening. My name is Nelson Sanchez. I live at 4135 Northeast 1st Avenue. I'm here to support Magic City. As an architect, as a young professional, as a resident of the area, I got to tell you that we need projects like this. These are opportunities for us. We keep hearing today about affordable housing, and for us, the best way to achieve affordable housing is by approving projects like this that generate jobs, that help us afford the housing. And this is a project that is not displacing anyone in the community. If you take a drive by it right now, it's only empty warehouses and empty lots, and, you know, there is not a single resident living there. So we have this great opportunity to bring development, to bring opportunities to the area, and I think we should grab it with both hands. Thank you. Erick Jules: Good evening. Good evening, Chairman. My name is Pastor Erick Jules. I am in your district. The address is 495 Northwest 77th Street. The name of the church is One God in Three Person First Baptist Church. I'm coming tonight to support Magic City. One thing I would like you realize is that I'm don't -- I don't coming for myself. I come for the new generation. For example, I came three times over here with many kids. The church I'm lead, there is more kids, more young people. So I'm going -- I already done, but I would like you support that project for the new generation. God bless you. Leonie Hermantin: Good evening, Chairman, and good evening, Commissioners. My name is Leonie Hermantin. I have worked in the Little Haiti community for the past 25 years, and the same issues that drew me in, the same inspiring leaders that drew me in and urged me to work continue to do so. I am a member of Concerned Leaders of Little Haiti, and I am here in support of the project, with the conditions articulated by Father Reginald. I don't have to go into them again, but it is about again being part of the deliberations about the community benefits package. It is about being around the table when decisions that are being made about some of the most vulnerable members of our community, because, let's be real. We all love Tony, but it's about affordable housing. It's about protecting people from being displaced. We know that Magic City did not cause the problems, but the problems exist, and they must be addressed by the City and by whoever will benefit from this project. So we're here to really, as a very -- as a concerted community effort, as has been stated before, we have about eight -- 17, 18 people from the faith communities, from community organizations, from -- young people from the community. We have met on multiple occasions amongst ourselves. We have met with the developers, fought with them, argued with them, but they have met with members of the community. For those who say that they did not meet anyone in the community, it's a misrepresentation of facts, because we are there, and we met with them, and work to be done, but we're here in support. Thank you. James Valsaint: Good evening, Commissioners. My name is James Valsaint. I was born in Little Haiti, and 30 years later, I still call it my home. My stepfather, who I just laid to rest over the weekend, he was one of the first business owners of Little Haiti. He owned a barbershop called Jackie Jackson's (UNINTELLIGIBLE) Barbershop. He had a limousine company, all types of things. But being one of the first business owners, he was also one of the first victims of gentrification. The property values skyrocketed and he just couldn't keep up. So suffice it to say I am very overprotective of my home, Little Haiti, and I'm very wary when it comes to developers. But over the past few weeks, I have been actually quite surprised as to what's been going on. The developers have taken some time to meet with community leaders. They've also taken time to sit down with the union. And I believe the working class to be the life blood of the City, and the life blood of this entire country. So to see corporations actually caring about the working class, that is a surprise, City of Miami Page 21 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 and I want to thank you guys for that. However, there are still a lot of pressing concerns. Lately, the developments they're building may not be directly responsible for displacement; however, the property values rising will cause the displacement of hundreds of people still living in Little Haiti, a lot of them elderly people, who are ill equipped for this move. The work that Community Justice Project and FANM has been doing on this issue is very important, and shines a light on it, so there is some work that can be done there. I'm also extremely worried about the arts and culture in Little Haiti. I'm also an artist and an engineer, an audio engineer. I work at Midtown Studios, which is a legendary recording facility in Little Haiti. We've had everyone from Rick Ross to Trainer to Trick Daddy, up and coming rappers come through there, and I really worry what's going to happen to Midtown Studios when the developments get underway. Is the same thing going to happen, what happened to my father's barbershop? Is it going to be replaced by nightclubs? Because I'll tell you what, (UNINTELLIGIBLE) did not come to Little Haiti for recording in a nightclub. They didn't come to South Beach, and they definitely didn't come to Magic City. (UNINTELLIGIBLE) came to Little Haiti for the people of Little Haiti, for the culture of Little Haiti, for the food of Little Haiti, like Chef Creole; for the music, the voodoo, the culture itself, and I want to make sure that that is preserved; the arts and culture of Little Haiti is preserved. So that being said, again, I mean, I'm very wary of developers, but there has been some leeway, and I'm very happy to see that we're compromising and we're finding some common ground. I urge you to just do your job, you know. Just make sure that they care about the people of Little Haiti; that certain people -- the jobs are going to the people in Little Haiti. Work with the union, because I trust the union. They do a great job, and they really do represent the working class. So thank you for your time, and I hope for the best with this development. Ringo Cayard: Good evening, Mr. Chairman and gentlemen of the Commission. My name is Ringo Cayard, 6400 Northeast 4th Avenue, Little Haiti. I've been hearing a lot of people talk tonight. Yeah, it's very easy to talk. The reality is that no one has more interest in Little Haiti than me, since my family created Little Haiti. In 1974, we came here. Nothing was happening in Little Haiti. We opened the first grocery store. We opened the first hardware. We opened the first drycleaner. We bought homes, so when refugee like us came on the boat here out of Chrome, we put them in house for free. So people cannot come and tell me about Little Haiti, what's good for me. I'm a registered lobbyist for Magic City, and I think they're doing a good job. I think we would benefit from that. And we try very hard to reach out to every sectors. Me personally, I talk to most of the people in the community. Some of them decide to -- not to come, because it's very lazy. We always have those naysayers in every community. I believe then if somebody like Arthur Teele, a former Commissioner here, who had the vision to help us -- unfortunately, he left too soon -- I believe that Little Haiti would have been much farther. Nobody do anything for us, no one; streets are the same. Now we have developer coming here, and nobody's giving them anything. They don't ask for anything. Miami lost Disney World many years ago. Miami just lost Amazon. And now, we're about to lose Magic City. What would be left for us? Nothing. And everybody go their business. I have a lot of respect for you, Chairman Hardemon. I hope you and the other Commissioner will really listen and do the right thing. People have the right to be against it. The reality is that my family is the founder of this community that everybody now wants to enjoy and take pleasure to benefit from it. Thank you. Adam Shephard: Good evening. I'm Adam Shephard, of 295 Northeast 95th Street, in Miami Shores. Thank you for all your time today, gentlemen. I know it's been a long day. I'm here to lend my support to Magic City. I pass through Little Haiti every day, two to three, four times a day for the past six years. You can already see progress and change. Actually, I'm an immigrant to this country from Jamaica. I believe that this is a great opportunity for the Haitian community to get a voice at City of Miami Page 22 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 the table and for Little Haiti to grow and prosper. And I think if everyone moves forward amicably and uses their ears and their hearts, there can be a common ground and a great future for Miami. Thank you again. Emily Paulshock: My name is Emily Paulshock, and I'm a resident of Palm Grove. I spent most of my adult life in New York and Los Angeles, and I'm often asked how Miami compares. I sometimes say, "It's just a different vegetable; a city that's in its adolescence, and that it's exciting to live in a place where change is so palpable." Magic City will help Miami grow up to evolve, to hold its own against other competitive cities, and to attract and retain world-class talent, because it offers world-class jobs. I believe in Magic City. I believe that there's no better time than now. I hope that we can look at the big picture together, and support this transformative project rather than dragging our feet any longer. You want to say it? Sophia Paulshock: I believe in Magic City, yay. Applause Bruce Weil: Good evening, Commissioners. My name is Bruce Weil. I live at 5901 North Bayshore Drive, in Morningside. I've resided in Morningside for over 25 years. I live there with my wife, my children; we're raising our children there. I've been driving by this area you call Magic City for the last 25 years, at least once a day. And finally, after all these years, somebody -- some group has found -- has actually looked at the area and said, "Hey, you know what? There's value in this." All these years, I passed this development with empty warehouses, with trailers that were empty, with vagrants living inside some of the empty trailers, and nobody wanted anything to do with it, decade, after decade. And finally, someone comes up, finally, and is putting their -- come to the plate and they're ready to do it. My wife and I have been waiting years for someone to do this. We've been saying to ourselves, "I hope someone sees this eventually and will do it," and it's happening, because we want our children to be able to walk to neighborhoods such as this. We don't want to get in our cars and drive. And there's nowhere else for us to go except if this is developed. I'm also a member of the Morningside Civic Association. Morningside Civic Association is a voluntary association of Morningside. It's not a mandatory association. So when someone stands up here and tells you that the Morningside Civic Association is against this development, it represents less than half the homes in Morningside, and it's -- and the board members never asked the residents what they wanted or how they voted, or how they felt. They just voted. I will tell you, all the neighbors I know and we speak to with children are very excited about this project, and we hope that you pass it. Thank you for your time. Wilkinson Sejour: Like to say good evening to staff, Commissioners, Vice Chairman and Chairman. My name is Wilkinson Sejour. I am the owner and landowner of Chef Creole Seafood. I have several restaurants in the Little Haiti area. I've been in business for 25 years; we'll be celebrating our 26 years this December. I have some very grave concerns about this project. One of the concerns are that there have not been a comprehensive study as to how this mammoth of a project is going to affect our Little Haiti. We've got one to three SAPs. We're talking about 1 to $3 billion that's going to be exercised in this area. Of course, it's a good thing. Making a lot of money is always a good thing. But we got to look at the people that's been standing in line, that's been existing in this community for the past 25 to 30 years. Are those people going to be displaced? Are those people going to be affected? Are these people are going to be inclusive as to what's about to come? We don't know that. And that's why it makes sense to do a comprehensive study. To me, it's just common sense, it's just basic arithmetics \[sic\], but it don't seem to be something that's common. The second issue that I have with this is that Magic City has been here for quite some time, and they've been meeting with fragments of our community. City of Miami Page 23 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 They have yet to meet with our community. They have yet to talk to the general community that actually represents our community and get a legitimate feedback on what's needed, what the concerns are, and so forth. I know Tony Cho. I know the Magic City people. I've met with them a couple times. I think they're nice people, too. But being nice people is not going to guarantee and safeguard the future of our community. I don't think any one of us here that's at this point opposition has an issue with a billion dollars coming into your community. I own businesses. I know the significance of you bringing in different demographics. I'm in the business of saying -- I don't just want a sell food to my Haitian people. I want to sell food to all people. And, of course, Magic City represents that, but that's not enough for me to turn a blind eye and be happy about this mammoth of a project. We really need to take a deep look at this. Only thing that we're asking is, can we sit down? Can we talk about this; not talking to fragments of our community? Talk to the community as a whole, because at the end of the day, it's inevitable, it's going to happen, but we'd like to feel comfortable about how it's going to happen, and the majority of the people feel comfortable that they made a good decision in inviting this whole project. I thank you very, very much for your time, guys. Applause Marlene Bastien: Good evening, Mr. Chair, members of the Commission. My name is Marlene Bastien, 100 Northeast 84th Street. You've been here for many hours, and you've listened to many voices. Since 12 p.m. today, there were many people who were here, many voices who wanted to be heard, but they could not stay, and they had to leave. On Tuesday, at our center, located at 100 Northeast 84th Street, we had many, many of these voices who came to hear about Magic City for the very first time. Let me tell you who are not in the room tonight. The people who are not in the room tonight are the (UNINTELLIGIBLE); 30 of them who, three months ago, were forced out of their businesses in Little Haiti, and we had a press conference that some of you might have watched. Those of them who are not in the room tonight are people who live on 100 and 76th Street, in the building there, and who were expelled; some of them were 80 years old. And one of the lawyers in the room tonight had tears in her eyes when we were listening to this 82-year-old elderly man who was crying, because he was losing his home and he had no place to go. Magic City has not been implemented yet, and already, we are seeing the impact everywhere we turn. It takes us a half an hour from 36th Street to 84th Street to where our office is; a trip that used to take us only 10 minutes. So we are seeing the impacts. So, many people came and talked about Magic City, how beautiful it is. And I agree with Wilkinson Sejour of Chef Creole. No one, Mr. Chair, members of the City of Miami Commission, is against development. How can you be against development? We know -- we are intelligent people. We know that change is inevitable. However, however, if a billion-dollar project is coming into a neighborhood, don't you think that it is important for this -- those responsible for this project to sit and have many community forums, not backroom deals with specific groups -- right? -- and to wheel and deal, but to have meetings with the community to explain to them in details what the project is about and how it will impact their lives? This has not happened. What has happened have been -- and we know it -- some, you know, receptions and, you know, meet and greets, and then backroom deals with different folks. And then most of -- a lot of the people who came here to speak are people who already have their deals in their hands, when those who will be directly impacted are nhere. Let me read quickly this email that I sent to Magic City, and I canceled the meeting with them yesterday because of that. When I thought about it, I said, "Marleine, if a mega-million project is still refusing thus far to meet with the community, the people who live in the community, who fought in the community, who work 60 and 80 hours a day to buy their dream home, to explain the project to them, they're still refusing to meet with them, who am I to come and sit and deal -- and wheel and deal?" The email say -- and this was addressed to Neil City of Miami Page 24 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Fairman -- clearly stated during our meeting at the church, we can help Magic City organize the community meeting to give all concerned a chance to review, understand the project, and ask questions." This was sent to them October 3, 2018. I have yet to get an if they can contradict me, let them stand up here and contradict the fact that we have not had an open discussion, where the community sits down to hear collectively what Magic City is about in an open and transparent forum to ask questions. What -- the way they've gone about this has created division, has sewed the seed of division among us; that's why you see concerned leaders. You see those who already have their deals coming here, because they have their deals in their hands. This is not what we want. This is a depressive (UNINTELLIGIBLE) that we want, because Magic City will be the first -- to set the example. Would you -- those of you who are watching me tonight, would you accept, would you approve a mega-million project to come into your community when the billionaires didn't take the time to meet with your community? My dear friend, Commissioner Gort, would you approve that? Would you? Would you? You would not. So Magic City will be the precedence. It has, in all transparency, have these meetings, give information to people -- Chair Hardemon: Thank you very much. Ms. Bastien: -- together in one room so that we can have a healthy debate, and then review this so-called community benefits package that they've already signed. We don't even know what's in them. We don't know what's in the community benefits package. Where have you ever seen anything like that? Chair Hardemon: Ms. Bastien? Ms. Bastien: Mr. Chair, I'm ending. I'm concluding to say, history will judge us -- Chair Hardemon: Thank you. Ms. Bastien: -- as to how we do this tonight. Chair Hardemon: Thank you very much. Ms. Bastien: It will. Let's do the right way, because Magic City will be the precedence. Chair Hardemon: Ms. Bastien? Ms. Bastien: It has to be done the right way. Thank you -- Chair Hardemon: Thank you. Ms. Bastien: -- Mr. Chair. Bob Powers: Good evening, Commissioners, Chair. My name's Bob Powers. I live at 565 Northeast 66th Street; the neighborhood is Palm Grove. It's directly affected by this project. I know Little Haiti has gone through a very, very dif -- a very long time, trying to create its brand and who it is in the world, but this project that doesn't only not -- it doesn't only affect Little Haiti; it affects all the neighborhoods to the north, south, and east of it. Now, I had the distinct pleasure of going up to Montreal and seeing what these gentlemen had done and all the rest of that, so I will disclose that to you. I will let you know, what they showed us had nothing to do with what City of Miami Page 25 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 they plan on doing here, which was really kind of fascinating, but it has absolutely nothing to do with what they plan to do here. The Innovation Center that they have there is all -- in all historic buildings in downtown Montreal. They're not doing any historic buildings. Also, historically, I've lived in the City of Miami for 23 years. I can tell you that even after they bought all those properties, there were still tenants in them. There has always been tenants in them. My guy who redid my furniture was in one, and another guy who was an upholsterer was in another. So while it wasn't as vibrant as it presently is with the amount of money that's being put into the area, it still was a very vibrant area. That's number two. Number three is the concerns -- I have a question for Mr. Garcia. In this -- in what they're planning to go do -- Mr. Garcia, in what they're going to do, is there affordable housing written into the document to be used on their property, or are they paying into public housing to be planted someplace else? Francisco Garcia (Director, Planning): Through the Chair. Mr. Powers: Through the Chair. I'm sorry, Mr. Hardemon -- Commissioner Hardemon. Chair Hardemon: Okay. That's fine. Mr. Garcia: I believe the Commission will receive the benefit of a full presentation by the applicants, but the short answer to your particular question is that, yes, there is, as part of the SAP (Special Area Plan) and the development agreements, a commitment to provide at least a percentage of both workforce and affordable housing, both onsite and offsite. Mr. Powers: Onsite? Mr. Garcia: The workforce housing component would be onsite; the affordable housing component would be offsite in an adjacent property. Mr. Powers: Okay. So there you go. Okay. So we'll let the people who work be there, but the people who don't have to live someplace else. Got it. Okay. Mr. -- Commissioner Russell, you love parks, and you're the park guy. The park that -- and by the way, they've shown me -- Commissioner Gort: I don't know about that. Chair Hardemon: I grew up on parks. Mr. Powers: And also a parks guy. Well, I'm just -- listen -- Chair Hardemon: I was -- that was -- Mr. Powers: -- I'm hitting every single person. Chair Hardemon: -- my babysitter, the park. Mr. Powers: Okay, great. Commissioner Gort: I don't know about that. Chair Hardemon: Got snacks, you got lunch. Commissioner Gort: I'm not too sure about that. City of Miami Page 26 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Me, either. I'm not too sure about -- Mr. Powers: Okay. I made you all laugh, and that was really the thing. The thing here is this, is that this is the first SAP coming before the City north of 36th Street. We have five of them coming to the Upper Eastside. One of them is the Jewish Home, which has already gone through. The other one will probably be Curley; then 54th Street, Magic City, and then we have another one up at the end of the City on -- north of 82nd Street, then you -- but still have -- 79th Street is all owned by one person, okay? So there's some major development that can go on. I find it short- sighted not to take a look at this whole thing and plan accordingly. Have they met with our neighborhood? Yes. Did they agree to anything that we put forth? Absolutely not. We have nothing from our neighborhood in writing from these people to guarantee -- we wanted a trolley and some other thing, and some traffic- calming devices, and things of this nature. None of that -- and it went on and on -- back and forth, like playing tennis, for Christ sakes, and nothing happened. Nobody signed on the dotted line. So all I can tell you is this, is that if it's a billion-dollar project, what's another six months for them -- for us to take a look at the whole thing and make sure that everything's worked out? Because the park that they're planning there isn't going to be open to the public. It will not be someplace that the public can just walk through. That lovely other woman that spoke from Palm Grove, got news for you: You and your kid aren't going to just be able to walk through that park. And if they say it now, that's not what they said to us. So the thing here is this, is that I've already seen about five or six different representations for this project. They started out with three 20-story buildings, and now it's up to 11 to 15 20-story buildings. So please tell me what we planning on doing here. And I'm going to tell you another thing about the SAP. It isn't that you guys won't be your word. That has nothing to do with it. You have 15 years of doing whatever you want there after the SAP gets approved, where nobody can say anything about what you plan to build there. So once you guys approve the SAP, it never has to come back before a community board or anything for anything that they choose to build there; at least, that's how I read it. Now, I could be wrong, but I'm not too wrong too many times. Thank you very much for your time. Chair Hardemon: Thank you, sir. Francois Alexandre: Good evening, Mr. Chair. Good evening, Mr. Vice Chair. Good evening, staff. My name is Francois Alexandre, and I am a member of Concerned Leaders of Little Haiti. And in my hands, I currently have a press release we had emailed to you guys. And if you all have not received it at this time, I'd like to go ahead and put it in record. I'll go ahead and do that. But before I go ahead, -- 1060 Northeast 80th Street, which is right in the City of Miami, and I was born in Haiti. I actually -- I'm from Broward County, and I graduated Florida International University. I got married in Miami, of course. Those are all good times. And I've stayed here in this community. And the reason why I'm saying all this is because sometimes, the outside perspective as Haitian is needed, because I've been in the community for four years, and in order -- someone said that in order to have the right or the correct conclusion, you have to have -- well, you have to have (UNINTELLIGIBLE) have a correct analysis. We needed a correct analysis, because these peopl have these (UNINTELLIGIBLE) statements, have been in the community for the past 25 years. What have we done with Haiti, you know? So I think that we cannot deny development; development is inevitable. And I think that in order to have a correct conclusion, the analysis, people need to start taking into effect the lack of thereof that they haven't showed up. You know what I mean? They haven't showed up. And we can't continue to keep making $10,000 a month. We need development in order to help, but we need the proper development with the City's guidance, with understanding what the Master Plan looks like; a comprehensive benefit agreement City of Miami Page 27 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 package with the community at the table, and what that looks like for us. There's no back deals being done here. If a group of people represents a community in which -- when there's a lack of government involved by -- where at this point in time, you have -- you guys were the gatekeeper and allowed Magic City into the yard. And at this point in time, if we have to stand for our community, on behalf of our community, by any means, we will always do so. We will always stand in the pain. So when we represent our community, there's no back deals. There aren't any deals, but good faith that we know that our neighbors who moved in here and bought 17 acres that we're going to have to live with them for the rest of our lives; that we're going to have to make sure that we are in good communications to make sure whatever day they come here, that we benefit from it as well. So we know that we have voted you in as our Commissioner; we're looking for your leadership, and making sure that there's a -- process goes smooth and both sides come in agreement with this. Thank you. Chair Hardemon: Is there anyone else that wants to speak on public comment? Pedro Morales: Good evening. My name is Pedro Morales. I live in 2551 16th Street, Miami, Florida 33145. I was living the past two year -- four year in Little Haiti, and I saw this area, neither the progress of coming in. I say, yes, for the project of Magic City, because I believe in the progress, I believe in the future. I think that community needs something like that, because the people in this area need -- I don't have the -- exactly the words, because my English is very little, you know, but I know -- Chair Hardemon: It's better than my Creole. Mr. Morales: Yes. -- -- I will to say. Thank you. Chair Hardemon: Thank you, sir. Is there any other person that'd like to speak on public comment? Seeing none, I'm going to close the public comment at this time. -minute recess to get their bearings. Commissioner Gort: What are we doing? Vice Chair Russell: 15-minute recess. Chair Hardemon: Mr. Garcia, how would you like to proceed with this presentation? Mr. Garcia, you ready to proceed? Mr. Garcia: Yes, sir. I believe the applicants are prepared to make the -- their presentation, and what they would propose to do is to walk you through the other Master Plan as they've conceived of it, some of the images that will convey the intended vision of the project, as well as some of the legalities involved, and we're certainly happy to stand by and provide additional information and answers, as needed. Neisen Kasdin: You didn't want to do yours first? Mr. Garcia: No. I yield to you, because I think that putting it in context is going to be helpful to the Commissioners and the audience, and I'm happy to chime in afterwards. Mr. Kasdin: Okay. City of Miami Page 28 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Go ahead. Mr. Kasdin: Okay. Mr. Chair, members of the Commission, Neisen Kasdin, of Akerman, representing Magic City, the development, and the related entities. And it's a pleasure to be here this evening to present this project to you, and I know the Planning Director will present more specifics, as well, about the three things that we are seeking, which is: One, a comprehensive plan change; two, a zoning change; and three, of course, the development agreement, which is approved, along with this Special Area Plan. And what I would like to first do is identify the team members from Magic City, who are here with us this evening, to give you a sense of the purpose and vision and direction of this project. In addition to myself and the project architect, lead architect, Bernardo Fort-Brescia, who you will hear from shortly, or Arquitectonica, we have a team of professionals as well; our econ -- and real estate economist, traffic/civil engineering, who will be able to answer any questions that you may have. But this project starts with the incredible team that has come together to make this Special Area Plan a reality. I'll introduce those members, and let you hear from them directly about their vision for the project. One, of course, is Tony Cho, who you've heard about from some of the speakers this evening, and his record in the community; another is Neil Fairman of Plaza Development. Neil is a long-time developer in this community, of quality projects, who has an unblemished and stellar reputation, delivering first-rate work, and always honoring his word. His most recent development projects were north --the City of North Miami Beach, which had not seen investment of any significance, probably for decades, and Neil and his partners developed Marina Palms Project, which today generates 25 percent of the tax revenue, ad valorem tax revenue for the City of North Miami Beach, a project that he has created. But what I'd like to do is bring up two of the principals, who I think are a unique treasure that's being brought to this community, and I would just preface it by saying that I chaired the Beacon Council. I've been the Vice Chair of the Downtown Development Authority for many years. And in those agencies, there has been a constant search to bring people to this community to start new businesses, particularly in tech and entertainment and the arts, and where those intersect as well. As you know, some cities spend a lot of money to bring these people to their communities. Recently, New York City and Arlington, Virginia, spent $2.2 billion to induce Amazon to open headquarters in those communities. The Magic City team is not asking for one dollar of public subsidy. They are taking a long-abandoned trailer park and mostly vacant warehouses in an area of Little Haiti that is mostly warehouse, investing their own money to bring economic vitality and revitalization to that community, and more than what I can say is the kinds of people that we in Miami for years have sought to bring to this community are people who can create good-paying jobs and opportunity for people who live in this community. And therefore, I would like to introduce really the guiding genius, in many respects, behind this project, and that is Guy Laliberte. Guy, as I think many of you know, is a founder and long-time owner of Cirque de Soleil. Cirque de Soleil transformed the live entertainment industry in this world, and Guy is working on the next evolutions of that as well. The next person I'll introduce after Guy is Bob Zangrillo. Bob is one of the country's leading investors in start-up tech companies, and was an early investor in many companies, among others, Facebook, Uber, Twitter, and you'll also hear about the investments he's making now and the jobs he's creating in this community already today. These are the kinds of people that the agencies that I have worked for would give their eyetooth to bring to this town and would throw at them enormous incentives just to be here to create the jobs, to create the opportunity, to create the economic vitality. Guy Laliberte: Thank you. First, I would like to say thank you to all the supporters that came here today, people we had met over the past year or so, and that take time to visit us, to sit down with us, to discuss with us, and to understand the project that City of Miami Page 29 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 we were doing. So I want to say thank you to all those people that has been supporting us. I guess I got a good presentation about what I'm doing, but I will try to explain to you a little bit more about why I'm here today in New York -- in Miami, and why I believe in Magic City in Little Haiti. All my life, since I'm very, very young, I've been educated in this notion of -- that you come from a city, you live in a country, but you also live on the planet, and I always had that art -- this notion of understanding the specificity of different culture; traveled all my life around the world. It had inspire me. I even done a concept of the show, which was called Cirque de Soleil. That was my tools to communicate around the world the amazing mosaic and beautiful culture of this world. So I am a culturally educated person. I am somebody that live what I say and not just talk, talk, talk, and talk. I'm a doer. So I choose, after two years of traveling North America -- because I want to do a project (UNINTELLIGIBLE). I'm a dreamer. I'm an entertainer. I'm a creator. And I develop couple of concept and ideas of new show or new entertainment component that is addressing exactly what this window in time is giving me as a creative. I come from a traditional background of entertainer, working, and I develop some amazing show. But I soon recognize the important (UNINTELLIGIBLE) that we have in the next couple years -- probably the five to seven years -- to utilize this new technology that has been given to me as a tool for the doorstep of this opportunity, and I intend to take it. So we are engaged in many discussions with those tech company that are developing, you know, amazing tools, RND and the billions of billions of dollar that it -- they invest in technology, into the field of medicine, public -- you know, selling things online, developing tools that I will not -- or entertainment district sector -- will not be able to develop themselves. So I intend to create my next show using that technology, and to be able to do so, I need to find place. So I went for two years around North America to try to see a place where I will feel comfortable, that I will feel welcome, that I will find community that I could have pleasure and fun to work with, and I'm taking a shot at Miami, taking a shot at Miami. Why? Because I believe it's a great city, first of all. I feel comfortable in it. I believe it's a crossing road -- position within Europe, South America, and America. I believe it's a desire to shine in the future, related to welcoming company like me; that is, working in new technology. This is statement, who has been done clearly worldwide. So I have listened at this invitation, and I'm here for that reason. Why Little Haiti? Because I feel at home. There's a gentleman here earlier that had spoke about his visit to Montreal, talking about the block and things (UNINTELLIGIBLE) to you. He forgot to tell one thing what made him visit. We, Cirque de Soleil, about 20-something years ago, we inviting -- presented by the City of Montreal -- a series of sites to install our headquarter, some were the most prime site of Montreal. I choose to establish the headquarters of Cirque de Soleil on a dump, the biggest open dump in northern America, in the second poorest neighborhood in Canada, and that happen to be the biggest Canadian/Haitian community. You forgot to tell what we had built there. You forgot to tell how many job we have created, and show them visually. You forgot to tell that I have no fence around my headquarter. Everybody was telling me then, "You should build fence, because this is a d you want to show to your new neighbors, that you fence yourself in terms of protection. What I told year after years vegetable and fruit that we are give to the community. It's not a big starting back then, but it was the gesture that was important for me. As today, 21 years after, there's not been a graffiti paint on my building. So I just use this little story, and this man forgot to tell that, because, you know, I don't mind people telling what they see and what their opinion, but please, tell the entire spectrum of what you City of Miami Page 30 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 have seen. So I have no problem with objection. I think the rights of people of talking is fundamental in our society, but I have problem with those people who pretend that we did not sit down with; that we have invite and didn't show up. What I have problem is people that offer me to lobby for us in this environment for hundred -- $200,000, okay? An value. So we are here. I'm here, because I believe in that neighborhood. I am an integrity, and my background and my credential in every community, wherever it is - - Montreal, Las Vegas, place that we establish Cirque de Soleil, office or operation - - you could call every Mayor, every Commissioner there; they will tell you how we You have a lot of great responsibility, and I prefer to be in my pants than in your pants, okay? Those are not easy. You're dealing with community, diversity, people of different side of interest, but I could guarantee one thing: I'm real. My partners respectful. We're not perfect; we will make mistake in terms of relationship with the community. We will make mistake maybe in some of the thing we will build, but I guarantee you one thing: We will be there till the last drop of our blood to make it the best way as possible. This is what we are. This is what we are. Nothing else. So -- but I would like to tell you where normally I'm making my -- I have four pillars doing business in life. I need creative challenge. I'm a junky of creativity. This is how I feed. I need my shoot of creativity every day. I think there's an amazing creative challenge to build certain things. Why? Because I think there's a (UNINTELLIGIBLE) in this neighborhood to define a personality for Little Haiti in this context of new neighborhooding \[sic\]. The question is neighborhood will have to go through growth. This is a cycle of urban development. We all know that. The question -- the decision you have to make today is, do you trust us? Do you believe that we are the right one or not? And I will accept your decision on that, because the second reason that I do businesses with, I want to do it not interested. So I'm looking for a community that believe in me and trust me. The third reason, it have to make sense businesswise for everybody. I think we have make representation over commitment and financial things, but we're not suicidal; we're intelligent businesspeople. And when we make a deal that is probably not a risky, that none of the other real estate developer. Why? Because we bring this neighborhood things that doesn't exist in other places in Miami. We will take risk, risk that people normally -- real estate developer don't take. They have a book, square foot of that. We're bringing culture. We're taking risk on project that have not been done in other place, because we believe we could help to build up a new type of neighborhooding \[sic\]; correct environ -- with environment that is considering the people that we are there. I wish nothing else that everybody in this community will benefit of it, individually, corporately, politically, economically. That's what I believe. That's -- I believe in win-win-win situation, but that we have to work together. One cannot hold the gun on the head of the others. So businesswise, we have our budget. We are a financial capacity, and we evaluate thing. And if we win, everybody will win, but we cannot give up everything before the deal is done and the experience is lived. The four pillar of what I make decision on in my business -- and this is true in every partnership in the world that I do with will get involved in Little Haiti, but you have to agree that the give-back situation -- that give back to the community is important, and not only the community; what we will generate there maybe as money will not only serve the community -- I want to warn you. We are also citizen of this world. There's already a pro -- I met Father City of Miami Page 31 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 after with my foundation (UNINTELLIGIBLE) drop. We're doing a $20 million project to help Haiti. This is who I am. I speak my word. I act -- my action is clearly following what I'm saying. So the fourth pillar on which we are doing business is -- that I'm doing is this commitment to the community. Okay. We have percentage. We will put in place foundation. We already have been active before having any rights, and it's not -- and we're not tricky. I want to tell you one story. I had once a partner that was giving tickets to poor people. One day he tried to recuperate that in the press; shocked me so much that we bought \[sic\] him back, because I will never accept -- promote my business by being charitable. It's an obligation, it should be a responsibility, and should it be integrated in every business model. The world we're living in doesn't fit. Mathematically, we're going through a wall. We have decide to live in a capitalist system; I'm certainly a benefit of it, big time. But with the augmentation of the population, and whatever jam this process of wealth at the top of the pyramid, which I don't understand, you know, why people start to -- I'm not -- being afraid. I'm not (UNINTELLIGIBLE) tomorrow or day after day and jam the economy, but in the system we are in, I believe in the circulation of capital -- okay? -- within the community for the good. So this is what I am. I just want to share what I am, what I think, why I'm here, because I want to be you today to trust us. This is a vote of belief. You will hear time after time both side, but I guarantee you one thing -- we're always there to sit down and have a conversation -- but I guarantee you, I will not give up on threat, on negotiations behind the door, or corruption. This is not my style. It's against my value.It's against the value of my partners, also. So, sir, you will have a big decision to make. Are you trusting us or not? But I guarantee you one thing: If you do, you will be proud of us. Thank you very much. Applause Mr. Kasdin: I feel like asking for a vote now, but what I would also like is you to meet Bob Zangrillo, who can further detail and outline the vision. This is not just a project where they're seeking entitlements to sell the project. This is a defined vision that will bring something of great value to this community, and Bob, who's an experienced investor in this sector, will explain; and also a resident of this area. Bob Zangrillo: Thank you, Chairman. Thank you, Commissioners. I also want to thank the over hundred people that probably left because of -- they were elderly -- that were in support of Magic City; they were standing outside for several hours. For the last six years, I've been investing in this neighborhood and working with the surrounding community. I have invested tens of millions of dollars of my own personal money. I am totally committed on a mission to rewrite history with my partners on how we live, work, play, learn, and give back in Magic City. If I was just a real estate developer, I would look at the D1 and T5 zoning that we have, and I would say that we could build millions of square feet right now; no community benefits, no affordable housing, no workforce housing, no give back to the community. That's what a prudent real estate developer would do. But all of the partners in Magic City share the value of embracing the current people of Little Haiti and the surrounding neighborhoods. Our goal is to empower Little Haiti and the local community. We want to provide the future for the children who live in Little Haiti to become the leaders of our community. In 2017, I worked with Tony Cho to search the world to find an ideal partner, and we recruited Guy Laliberte. I first met Guy early in New York, once he sold Cirque de Soleil. It was actually in my going back to work." He does share the passion; I think you hear it. And he has been completely committed to supporting this project. Neil, Anthony, and George, from Plaza, have a track record not of grabbing entitlements, but actually building City of Miami Page 32 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 communities and contributing and building quality product. The partnership has also embraced the technology community, and we have already recruited the corporate headquarters for OnPoint Global, Motorsports Network, Lune Rouge U.S. And at the end of the program home with them. And we plan on working with the local community, creating many more jobs, supporting technical services, embracing the people of the community, and making sure that they become the leaders. OnPoint Global currently has over a hundred people there and is building their headquarters. Motorsports.com has a 500,000 square-foot project that we will assemble as soon as the SAP is approved. Again, we don't need it, but it will be the best thing for the community, because part of our plan is to give four acres of property that will be open to the public so that the people of community can walk through and enjoy the community. Part of our plan is to donate two streets to the City of Miami to open up the congestion that could be possible because of the traffic. Part of our plan is to change the density to 150 units per acre so the people could live there that work there, to reduce the traffic, and to create an environment that will generate over $188 million, and the local people shopping with -- inside the community. Collectively, these companies are also supporting the community. OnPoint Global has recently worked with iTech to secure internship programs; they invited the entire 11th grade class to participate and to be educated. We're providing hope to the community. I want to also touch on something that Neisen says. Why are major cities around the U.S. aggressively financing and subsidizing technology hubs, such as Amazon? Why did New York spend $1.5 billion to get Amazon to come to Long Island City? Why did Crystal City, Virginia, spend $550 million, plus $23 million of infrastructure? It's because innovation jobs create five-to-one jobs. Manufacturing jobs create 1.6 jobs. Innovation jobs create five jobs. So if you want to support our local community, you want to support the people of Little Haiti, we need to bring innovation jobs to the over 11,680 jobs; over 930 short-term jobs. $640 million in direct and indirect annual wages will be provided by Magic City. Miami needs money. I hear you guys every time I come here talking about the budget limits that you have. This project will have over $42 million of impact fees. It will have over $42 million a year of annual incremental tax revenue. Right? One way to share this back is to create a community benefits program with the neighboring communities to share that tax revenue right there. There's a billion dollars on this table that can be brought to Magic City. They don't need the SAP; they want the SAP. We ask you today to support the SAP for Magic City. This will truly be a legacy for our city. Miami has the potential to become a global leader, and today it's in your power to bring us one step closer, and allow us to work between the first and second reading and amend any of the agreements that we've already come to with the local community so that we can actually bring Guy, his new entertainment concepts, bring -- build a headquarters, provide jobs, provide training. And I ask you to not defer, and to spend the time today to give us the benefit of the doubt, and support us. Thank you. Applause Mr. Kasdin: To continue with our presentation -- and you can see in this slide that's shown some of the fixup that has already been done, including accommodating the com -- some of the companies that Bob has mentioned. He also mentioned the economic impact. I would point out that -- well, first of all, I would like to submit to you a revised Economic Impact Analysis from Lambert Associates, which substantiates this dollar generation, and that is, in terms of property taxes alone to the City of Miami on stabilization of this project, 14.3 million a year in ad valorem taxes; not to mention the 42 million in permanent impact fees, much of which goes to the City of Miami. These numbers, the tax generation and the job generation of this City of Miami Page 33 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 project, also benefits the community. As Bob so eloquently stated, for every one job in tech and innovation, you have five additional jobs created. Northeast 2nd Avenue, which has largely been stagnant, the heart of Little Haiti, economically for the last 30 years, will have the opportunity to have new businesses open up and down the street, owned by people in that neighborhood, with people who live in that neighborhood working in those businesses and in those jobs; not having to go out to Doral or Broward County to work or to shop, or to live. And so, the immediate impact, positive economic impact of creating good-paying jobs and helping local businessmen is substantial and palpable. I would also like to submit, before I proceed further, another sheet -- a package to you. There were a handful of scrivener's errors in the documents, in the Commission package, and I'd like to submit those to you for correction as you proceed this evening. With respect to the project, let me give you some of the facts regarding it. It is, of course, in the Little Haiti neighborho 1.5 percent of the land in that district. The project and property itself has an interesting history. The bulk of the property was a vacation cottage or village, which then later became a trailer park, a trailer park which was abandoned a number of years ago. That was the Magic City Trailer Park. But interestingly enough, when this region was first settled, one of Henry Flagler's first train stations was just across the tracks from where Magic City lies, and that was the Lemon City Train Station. Why did Henry Flagler build his railroad along that line? Because it was the high point of Florida. It was the limestone ridge that lies anywhere from 10 to 18 feet above the sea level. It is the most resilient area in the City of Miami, and as you go up and down the east coast. So if we're going to repurpose these abandoned warehouse districts, we look for a place to create jobs, and where people can live where people do not live today, it is this ridge, first discovered by Henry Flagler over 125 years ago, that that would happen. Also on the property is a building a number of you might be famous with. It is the DuPuis Building -- familiar with. It is the DuPuis Building, which was built in early 1900s, expanded in the 1920s. It was a drugstore for Dr. DuPuis' office. It is significant that this important historic resource Magic City has committed to restore or recreate in the same location and make it, in fact, a centerpiece of the revitalization of Northeast 2nd Avenue, which you will hear. This is an image of the restored or recreated DuPuis Building and the entrance to the project and the grand promenade, which Bernardo will explain to you. At this time, I would like to turn the microphone over to Bernardo Fort-Brescia to take you through the site plan, and then return for some closing comments, and the staff's additional comments. Bernard. Bernardo Fort-Brescia: Good evening, Commissioners, Chairman. I'd like to first point out that in every Master Plan, one seeks to find principles that will guide the decisions that we make. In this case, there are three very important aspects of this design. The first one has to do with linkages. When you look at the existing block and street structure that exists currently on the site, you will realize that the flow of traffic in the north/south direction is obstructed by what many planners would call today "mega blocks"; blocks that are so large that they interrupt that traditional and logical flow of streets and that create and force traffic to the edges, and potentially congestion. But a most important thing -- aspect of this theory that I'm explaining is that blocks that are of this magnitude actually become barriers between neighborhoods. They are sort of indirectly blocking connectivity within the neighborhoods. So the first thing that you will see in the plan that I'm going to show you is that we have created these new linkages; in a way, restored and reinstated the logic of the City grid and flow it through the traffic -- through the site. The second principle is that not too often do we find in an industrial neighborhood a site that has this many mature trees. Because this was a trailer park, there were a great number of very important landmark trees that exist on the site, and we took advantage of those -- of that unique environmental feature of the site and made it a centerpiece of the composition of the design. So the second part is conservation. And the third one City of Miami Page 34 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 is that also, as Neisen pointed out, there is a historic building, and it is often that those buildings no longer are in existence, but in this case, it is still sitting on the site. It offers the opportunity to create a gateway from the neighborhood that exists to the new neighborhood, and that building is being preserved in a very prominent corner, and probably the most visible corner that this property has. So these three principles guide what I'm going to show you today. Here, you can see the view of the site. It is the original trailer park, where you see the trees that I just mentioned, and the balance of the site is occupied by rather dilapidated warehouses and parking lots. It's really a sea of asphalt. In fact, if you look to the right of the trailer park, I think that we counted about seven trees. It is -- the rest is asphalt and concrete, and buildings that are in very bad shape that underutilize the land and are actually not meriting conservation. So with this, I'd like to take you to the position of the site. You can see there the island that is created by that transverse east/west traffic that flows through the property, and you can see here the mapping that we did of all the existing trees in our attempt to identify each one of them and identify the ones that are really magnificent pieces for conservation on the site. And you can see that to the top of the page and to the bottom of the page, there's hardly any trees -- or any trees; it is just roofs and asphalt. And I want to remind you that these are industrial buildings. They are prior-generation, rather poorly kept industrial buildings. And here you can see how we picked the specimens, because not every tree is a magnificent tree, but there are many that are. And then we kept others that are secondary pieces that you see are a very important part of a linear park that creates a green promenade through the center of the original block. You can see that these larger trees are featured and highlighted, almost like relics in the monuments to the original green environment of Florida, and that they're balanced by additional trees that are important, but not of that level of relevance that I'm bringing up to you today. Here, you can see the current map of Magic City and how we are proposing to organize the site. We have several, sort of, neighborhoods that we're creating. At the center of the site, we're creating a residential neighborhood that feeds to the right and to the left to offices and studios and creative spaces that line on one side to the east the railroad tracks that are a part of one of our boundaries, and over to the other side to create a balance of activity from which, well, one can reach from the residences. And over to the western side, we have the marketplace that is anchored by the original DuPuis Building. Notice that we have additional residential to the north on the park, and that, generally, we're locating all the studios -- what we call the Ateliers -- along the railroad track, which is obviously the logical place where to avoid placing any residential. Mr. Kasdin: Bernardo, if I may, just before you move on from that slide -- Mr. Fort-Brescia: Yeah. Mr. Kasdin: -- just so you point out and understand the zoning change that's being requested. The market -- the Marché DuPuis on 2nd Avenue is remaining the existing T5 that it has always been. The interior portions to the railroad tracks have been principally D1 or industrial are now going to general commercial use; and their own specific districts, MCD-1 and MCD-2, are being created -- as Francisco, I think, will take you through later -- with lower-rise offices in the sections called Les Ateliers and Les Bureaux and somewhat stepping up to the residences in the middle, so the zoning that is proposed for the SAP reflects that, including maintaining existing zoning on Northeast 2nd Avenue. Mr. Fort-Brescia: Okay. And, you know, there's often in planning a certain logic, you know, where we place what they -- we call Les Bureaux or Les Ateliers is logica We placed residences there (UNINTELLIGIBLE) in the center, where it's quieter and more peaceful, surround -- around this cluster of amazing trees. We put the City of Miami Page 35 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 commercial part, the marketplace, Le Marché, on the busy street and across from the church. And there's some common sense that occurs in the world of planning that is -- that we're trying to bring into this proposal. You can see here what I meant by the linkages. Originally, the trailer park completely blocked any passage north/south, and we are introducing a new public street at the center, and we are connecting where you see that "S" shape the street that runs parallel to the tracks and across diagonally through our site, and up north along the edge of the park. And these two connectors are finally eliminating that obstruction that occurs today as a result of the original trailer park, and it creates a logical location for a future rail station right next to the train tracks. And by the way, creating a rail station in this location is not out of the question; particularly because, historically, there had been a rail station in this -- on this site. But these markers that we show you with these arrows are really critical for the reconnecting of the neighborhood. Now, to the -- in the other direction, from east to west, as you know, the two major streets that are -- cross our site are one-way, and therefore, people go at high speed, but instead, we have chosen to create a pedestrian access in the center of the block, and take the pedestrians away from the dangerous traffic and bring them into the experience of the environment of these very large trees that we are preserving. Here, you can see the entrance where the Marché is located. You see the DuPuis Building to the left. You see the entrance with the artwork and the greenery that takes you and invites you into that central promenade that is part of this project. You can see the atmosphere that we are expecting to create in this pedestrian promenade. It will be an exciting place. It is both, at the same time, an escape from the traffic, but it also is a focal point for the community of buildings and residents and shops and peo -- and the workforce to gather and meet. It is -- every city needs meeting places, and the idea of creating this linear park as a meeting place is fundamental to the concept that we're presenting to you today. You can see here the importance that we give to these very large trees. They're really sculptures in the center of the space, and they see the artistry in the sidewalks and the potential for public art that would occur in what is a public space. I want to clarify that this is not an internal private space but is very much part of what we're proposing as an engagement of the community and our new neighborhood. On -- So with this, I think Neisen will take you into other aspects of the plan. Thank you very much. Mr. Kasdin: And to briefly finish up this presentation -- give me one moment here -- first, I would like to comment upon something. I think the testimony from the leaders of the community and the church speaks for itself about the outreach that this project has engaged in for well over one year. What you have before you is a list of the community outreach efforts, the organizations, and the multiple public meetings, including three public meetings; two of which were attended by the City Planning staff. I was glad that Leoni made it very clear for the record that there's been extensive public outreach, and I would tell you, as well, that the couple of people who came up and said there wasn't public outreach themselves participated in at least two or three or more direct meetings and multiple public meetings, including the public forums we had. And I would tell you that the public forums that they had were more meaningful and informative than just having one mass meeting where people could get up and scream, because they had multiple stations showing the plans for the project, with project officials there, as well as City staff integrating, so each individual could ask specific questions and get specific information. So I would say that the outreach for this project has been more extensive and more deep, as you could tell by the community response, than any that I had participated in in this community. One thing that I would like to finish on, though, are the community benefits. Now, as was said by Bob Zangrillo at the begin -- in his remarks, and as you know, from what Guy has said, communities around this country are throwing money at tech investors and entrepreneurs, and arts and entertainment product to bring them to this community. In this instance, there's not one dime of public City of Miami Page 36 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 dollars, and it is all on privately owned property. We estimate the community benefits -- and I want to point out just a couple of them -- to have a value of $41 million. This is a give to the community. Significantly, what it includes is the fact that this project will provide 7 percent affordable and 14 percent workforce housing. Commissioner Russell was talking about the ordinance that came up this evening. This project is providing more workforce and affordable housing than any project that has come before this Commission to date; 40 percent more than Mana Wynwood did for affordable housing. So this project will create approximately 500 units of affordable housing, and they must be in the Little Haiti neighborhood. Now, if this project doesn't happen, you have piecemeal development; no individual developer will have to provide any of this. But by having this SAP, which is a large investment and risky investment, you will get approximately 500 units of affordable and double that number of workforce housing units. One other thing that I'd like to point out in terms of a give to the community. The gentleman from Palm Grove mistakenly said that this is a private park that is being created. Not at all. Today, on the almost 18 acres of Magic City, not one inch of it is open to the public. It has always been privately owned. When this is adopted and when it is developed, there will be over four acres of public property and over two acres in the grand promenade as well, and it is a requirement, which is in the development agreement, that this be open to the public. So where there is no public space, where there is no gathering spot, there will be a beautiful gathering spot that will benefit and service the community. You can see by the list that I put up there, there are numerous other benefits, including opportunities for local businesses; of course there will be first-source hiring. And if the past is prologue, as they say, if you look at the major special districts and SAPs that have been developed -- Midtown, Brickell City Centre, the Design District -- they have created, cumulatively, thousands of job; a large part, if not a majority, for City of Miami residents. And so, with that, we ask that -- this is an important project. I think it could not be said better than Guy said it himself, but it is important for these gentlemen, who can invest their substantial money anywhere and bring their creativity and their ideas anywhere, to get a vote of confidence from this only first reading; second reading will take place probably in January, because since your Comprehensive Plan amendments, it must be transmitted to the State. And you've heard it from the principals themselves; they're committed to sitting down with the community and having ongoing dialogue, and with the City as well. So with that, we thank you for the -- your generous amount of time and attention you've donated to this, and I would defer to the Planning Director now. Commissioner Reyes: Through the Chair. Mr. Chairman? Chair Hardemon: Yes. Commissioner Reyes: Yes. I want to -- one thing that I want to say is, first of all, Madam City Attorney, I did meet with both parties -- you know, favor and against -- and I -- we had discussed many issues that I had. Also, that I want to make clear that the forecast, the economic forecast is based on 16 years that this project is going to take, because I don't want anybody to make -- because I read it right here. Okay? I don't want anybody to make a mistake. But when we met, my concern was the community; how the community will participate or will benefit from it. And one thing that I ask is that -- I know that you cannot control -- it's beyond your control, you see, once you build this, this magnificent development, the way it looks. The people that will rent from you, or will purchase and will establish the business there, you cannot control who they are going to hire, because that's beyond your control, and I do understand that. But you, as administrator of this development, I ask that you will have -- I mean, give preference to the residents of Little Haiti. And I also ask that you will do everything that is in your power that they will benefit from the City of Miami Page 37 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 high-paying jobs, and the way that they should -- could do that is by being trained. And you promised me -- that's one thing and -- that you will establish training for the program -- a training program for the residents of Little Haiti. And I don't know; have you entered into an agreement with institutions, as FIU (Florida International University), Miami Dade Community \[sic\] College, or anything? Mr. Kasdin: Well, Commissioner, first of all, you asked those same things when the group met with you quite some time ago -- Commissioner Reyes: Yes. Mr. Kasdin: -- and they are fully committed and supportive of what you're saying, and they have been having meetings with educational institutions. There's a commitment, as well, that they will have in writing with the City -- Commissioner Reyes: I would love to see this. Mr. Kasdin: -- that they have that -- Commissioner Reyes: I would like to see that. Mr. Kasdin: -- as well as the job training, as well as the first opportunity for jobs for residents in that area, in that -- in those zip codes. Commissioner Reyes: They need to participate in this project. Chair Hardemon: Mr. Garcia -- Commissioner Reyes: And one thing -- just -- another thing that I want to ask, during our meeting, I also asked for affordable housing and workforce housing. As you well know, maybe later on when people start the -- their income start raising, because I do understand that you want to bring a technology park over here -- it is going to do, and you are very -- I mean, you're right when you say that if you develop this, it's going to be without any public funds. I know that many cities, they had spent millions of dollars doing it; case in point, the Brooklyn Triangle. You see, the City of Brooklyn, they spent millions and millions of dollars trying to bring what -- the same thing that you're offering here, and I really appreciate that, and I think it's very important. But when we talk about housing, you see, affordable housing and workforce housing, you have to take into consideration that we cannot use the median income average of those -- of the County, because those people that live in Haiti or Liberty City with -- I'm going to say that --and surrounding areas, it is substantially lower, you see. So I ask from you guys to take that into consideration and try to set your rates, you see, according to the median income from the area. See what I mean? Set it according to the median income from the area, so the residents or the people that live in that area could benefit from the housing that you are going to provide. See? And I thank you very much for -- Mr. Kasdin: Thank you. Commissioner Reyes: -- putting up with me, because I've been asking the same questions since phase one, and I'm going to be asking and I'm going to be after you guys if this thing passes and you start -- and I hope that you do -- but I'm going to be watching out for you, that the community benefits from it. Mr. Kasdin: Thank you, Commissioner. I do want to correct that approximately 500 units of workforce and affordable -- City of Miami Page 38 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Yes, but -- Mr. Kasdin: (UNINTELLIGIBLE). Commissioner Reyes: -- that is a misnomer; people say "workforce" -- Mr. Kasdin: Right. Commissioner Reyes: -- workforce, a person that is paying $2,000 a month, you see, have to be making around $60,000 a year, and we don't have those salaries around here. Mr. Kasdin: In my -- Commissioner Reyes: I mean, it's a misnomer. Mr. Kasdin: -- remarks, I -- Chair Hardemon: Got to make more than that to live there. Mr. Kasdin: -- misstated the -- Commissioner Reyes: Huh? Chair Hardemon: They're going to have to make a little bit more than that; about 70,000. -- Mr. Kasdin: In my remarks -- Commissioner Reyes: -- a misnomer. Mr. Kasdin: -- I misstated the number; that's why I wanted to correct it. And you -- what you have told us this evening, you told us when we met with you, and you also focused on the economic benefits, and economic impact, which, being an economist, it was foremost in your mind as well, so nothing you haven't told us already. Commissioner Reyes: Okay. And also, those of you that work in the Budget Department and you're salivating when you're liste going to bring $40 million in tax revenue, that's a 16-year period, you know; don't Chair Hardemon: Mr. Garcia, I would like to know about developmental capacity. I would like to know -- I would like it to be put plainly on the record what the developmental capacity is today with the land that they have; what sort of units that they can build, both residentially, commercially, hotel. Tell us those things. And then tell us what sort of capacity they will have if we approved an SAP in the way that they requested it. Mr. Garcia: Glad to, sir. I'll focus on that issue first, and then I'd like to ask you for some time, as well, to perhaps just briefly go over some of the conditions that we wanted to make some comments on the record on, as well, and I commit to being concise. I'm sympathetic to the late hour. As pertains to the zoning designation the land has presently, which is, as stated previously, made up mostly of D1, which is light industrial, and to some extent, T5-O, which is medium density mixed use. I can tell you, in terms of square footage as a measure, that today, by right, with no City of Miami Page 39 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 changes, they could develop approximately 1,250,000 square feet, thereabouts. And in terms of units -- because again, the land is mostly industrial but has some medium density residential included in it -- they could develop up to but no more than 464 dwelling units. I'll put that in context briefly by telling you that these parcels sit in the midst of a largely industrial area that is -- that has had challenges over the years. There is an overabundance of industrial zoning in this particular area, and quite frankly, the demand isn't there for it. And so, what that takes us to then, logically, is what -- if there were to be a rezoning for the proper development or reasonable development of that property, since industrial doesn't seem to be a viable option, what would they go to next? That would be to T6-8. Right? And that would be a straight rezoning, not necessarily going through an SAP. So worth noting that through T6-8, they would obtain -- again, comparison to the previous figures -- 3,865,950 square feet, so roughly, 3,900,000. They could actually enjoy some additional benefits that would bring that up significantly. Chair Hardemon: Say that -- repeat the number again. Mr. Garcia: Yes, sir. The number straightforward in T6-8 is 3,900,000 with benefits, which T6 allows for. This would be T6-8. That could go up to 4,800,000, round numbers. And in terms of density or units -- I think units is probably a more accessible comparison -- that would be 2,630 dwelling units, as compared to the 464 that were there previously. I apologize. When I said 464 previously, those are the T5, the medium density residential units; the total, including the limited amount in D1, would be 845. So to restate and make it clear, presently, without any changes, 845 units; with a change to T6-8-O, straight rezoning, no Special Area Plan, 2,630. That number, 2,630, does not change. That's part of this SAP. That is a ceiling that they are not going above and beyond. So when we speak about residential units on the site, density on the site, and when we speak about affordable and workforce housing, that all goes into that 2,630 dwelling unit number, so that's a cap. What the Special Area Plan does affect -- and the reason they're seeking it -- is, first and foremost, an ability to plan more flexibly and provide different building forms and different sort of configurations for properties and lots. But also, in terms of development capacity, the 4,800,000 square feet of development they could obtain through a straightforward T6-8 zoning would basically be obtained by right, once all those benefits are provided, as opposed to having to apply for them on a case-by- case basis through the benefits program. So the benefit package is now a coherent, you know, property-wide benefits package. And then, certainly, what they are seeking is more flexibility with the building envelope, clearing out some space to provide both open space, activated open space, as well as replacing some of those infrastructural connections they described earlier, but also then increasing the building height. So that is, I think, a concise summary of, more or less, the benefits that are afforded to the applicant through the Special Area Plan. If that is satisfactory, Commissioner -- I'm sorry. I yield back to you, Mr. Chair. Chair Hardemon: The -- to make plain, the dwelling units that you described -- Mr. Garcia: Yes. Chair Hardemon: -- residential units, does that include what could potentially be built in terms of hotel room space? Mr. Garcia: Absolutely. Lodging units are subtracted from those numbers. Lodging units, however, count for only half of a residential dwelling unit. Chair Hardemon: Okay. You had some other information you wanted to add to the record? City of Miami Page 40 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Garcia: I would like to go over a few conditions. I am glad to report that in the applicants, many of the conditions have evolved; and at this point in time, although they are all contained on the record for references satisfied in the sense that they provided information; they've amended the application so as to comply with many of those conditions. There are a few that I want to go over, and these are some points where it may be that the applicant and your Planning Department disagree to some extent, but certainly worth considering and for your benefit. I'd like to first state -- or restate, because it is worth noting, that the open space must be publicly available and open to the public. There is no question about that. They've committed to doing that, and it's also reflected in the conditions, so that is certainly going to be the case. Mr. Garcia: Absolutely. As pertains to Condition Number 5, I'd like to highlight the following: And this actually goes to the affordable and workforce housing component of the Special Area Plan. I'll restate, as has been said, that the commitment presently stands at 7 percent of the units will be reserved for affordable our impression and it is our strong recommendation that the maximum AMI (area median income) that those workforce housing units should be made available at is 120 percent, not the 140 percent AMI that is made reference to in some of the documents that you have. And the first and foremost reason for that is the fact that Miami 21, the Zoning Ordinance, only makes credit for workforce housing units available at, at most, 120 AMI, so that's something we would like for you to consider. And in addition -- Commissioner Reyes: Could you give me the -- what will be 120 percent monthly? Mr. Garcia: That depends on the type of unit and the type of -- Commissioner Reyes: The type of unit and (UNINTELLIGIBLE) -- -- -- probably most important how much salary you need to make. Commissioner Reyes: That's right, but it is -- if you're doing AMI, then you're doing based on $51,000 that -- which is the accounting. Am I, I mean, the -- Mr. Garcia: And I don't mean to belabor this, but it's certainly something that could be improved upon. My statement to you is that that is a cap, the 120, not -- Commissioner Reyes: That is why it is so important -- Mr. Garcia: Yes, sir. Commissioner Reyes: -- that we have that table in which will be -- I mean, representative of the population of the City of Miami. Mr. Garcia: Understood. Understood -- Commissioner Reyes: Okay? Mr. Garcia: -- loud and clear. The other point that I wanted to make clear as pertains to this condition -- and I'll be quick about it -- is the fact that we're of the strong opinion that the commitment to 7 percent for affordable and 14 percent for City of Miami Page 41 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 workforce should be counted in terms of units, not in terms of square footage; that is both difficult to enforce, difficult to control, and a very flexible amount that we're not satisfied with. Again, this is a point that we've been talking back and forth about that I wanted to submit for your consideration. A couple of more points. Now, I actually think I've covered the main ones. Chair Hardemon: Can you --? Mr. Garcia: I would like to emphasize and just to address some of the points that have been brought previously. As pertains to the present development capacity, please consider that the industrial land use designation and zoning designation they have presently would allow up to 10-story buildings of significant height. And also, please consider that this particular property is served well by a very robust infrastructure; they abut both Northeast 2nd Avenue, which is a major north/south corridor, as well as the two-way pair of 61st Street Northwest and 62nd Street Northwest, which are major east/west corridors, and they happen to be buffered from the east by the FEC (Florida East Coast) corridor, which also runs north and south; buffered to the north and to the south by mostly industrial land, as well as some fairly large civic spaces; so the Little Haiti Soccer Complex, as well as the Caribbean Marketplace Complex, and Eaton Park to the east, to some extent. And so, what we've done also in the Master Plan, in working with the applicants, is actually sort of stepped in the increased development capacity so that on the edges, it basically retains the character of the abutting conditions, and it is only in the center, in the core of the project -- and basically framing the central open space -- that some additional height is allowed. The last point I'll make is in terms of the additional height, some of the documents you have before you make reference to 25 stories. We frankly think that may be on the high end, and we think that a cap of 20 stories is much more desirable, so we would urge you to consider that as well. Chair Hardemon: Mr. Garcia -- Mr. Garcia: Happy to answer any questions. Chair Hardemon: -- the D1 height in their present zoning allows them to build up to 10 stories? (UNINTELLIGIBLE) for confirmation -- Mr. Kasdin: Yes. Mr. Garcia: -- but I believe that's the case. Chair Hardemon: Okay. Mr. Kasdin: 154 feet. Chair Hardemon: And there are 381 potential units for D1 in their present developmental capacity? Mr. Garcia: Yes, sir. Chair Hardemon: And their T5 story -- the T5 -- other designations allows them to build five stories? Mr. Garcia: That is correct. City of Miami Page 42 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Kasdin: Six with bonus. Mr. Garcia: With -- plus one with bonus, but we're -- there we're comparing standard T5 zoning and Miami 21 with the modified zoning as part of the SAP. So to, I think, address your question directly, with T5 as it presently exists -- that is, at five stories -- Chair Hardemon: Right. Mr. Garcia: -- the modified T5 that responds to the abutting conditions will allow for an additional story. Chair Hardemon: Now, they did a rezoning from -- to T6-8 from the current zoning. It would change the stories by right to eight stories; is that correct? Mr. Garcia: With a maximum of 12, yes, sir, with -- Chair Hardemon: With a maximum of 12. Mr. Garcia: -- through public benefits. Chair Hardemon: If they chose to contribute to the Public Benefits Program? Mr. Garcia: Correct. Chair Hardemon: They have no obligation to contribute to the Public Benefits Program? Mr. Garcia: That is correct, sir. Chair Hardemon: But if they do, they can go as far as 12 stories? Mr. Garcia: Yes, sir. Chair Hardemon: And then, with the SAP, which you've described from the rezoning from T6-8 to the SAP -- Well, the SAP and T6-8 have the same developmental capacity, roughly, as far as the square footage. Mr. Garcia: That is right. Chair Hardemon: However, T6-8 is 12 stories with a public benefit; SAP is 12 stories by right? Mr. Garcia: That is correct. Chair Hardemon: With public benefits, possibly 20 to 25 stories? Mr. Garcia: As presently set forth, yes. Chair Hardemon: The residential capacity for these spaces is about 2,630 in the SAP -- Mr. Garcia: Yes, sir. Chair Hardemon: -- which is three times as much as it is by right. City of Miami Page 43 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Garcia: Three times as much as they would have today with the present zoning; identical to what they would get through a straightforward T6-8-O rezoning. Chair Hardemon: So, Commissioners, and I -- you know, I appreciate everyone -- because we spent a lot of time hearing a lot of comments and listening to the presentation with this. When you consider this SAP and the potential that this SAP could develop in this space, the value of it grows exponentially. If not for an SAP, you would not be able to build the height that they choose to build in this space that is probably only duplicated somewhere near the downtown areas. You would not be able to produce the number of units that they anticipate developing. It just would not be possible, even in this part of the City of Miami; just impossible. Commissioner Reyes: Impossible. Chair Hardemon: In fact, if you want to build that many more units with similar sorts of land, they would have to buy three times as much land in that space to build the number of units that they want to build, unless they -- of course, they go to T6-8, but there's a reason they go to T6-8, because it's -- you know, it has less financial benefit. Mr. Kasdin: Mr. Chair, may I respond to that? Chair Hardemon: No. Mr. Kasdin: Well, the facts aren't completely -- correctly on display on this. Chair Hardemon: I didn't call them a fact; I called it -- this is my opinion. If I asked for a fact, I would ask my Planning Director. The facts are the numbers that he put on the record. Commissioner Reyes: Yep. Chair Hardemon: But I have an opportunity to -- Mr. Kasdin: Yes. Chair Hardemon: -- give my opinion about it all. The same way as everyone gave their opinion, and we listened for hours; the same way as people have an opinion about the people who are a part of the project, I have an opinion as well. Mr. Kasdin: But there's an explanation that I think would be helpful, if you'd let me make it. Chair Hardemon: And I would like my opinion to be put on the record, because I'm the person that lives closest to this project and have always, since I was born in District 5. Commissioner Reyes: Yep. Chair Hardemon: And so, the question of, if -- or if not this has any value to your space is undoubted. The moment that this SAP is created, it creates value for this space, for your project. Even if you chose -- or chose not to build a living shed, a shed on this space -- you could dig a hole, and you're still going to have more value in this space with an approved SAP, because you have more developmental capacity. why people choose to buy T6-8 versus others. And so, what this does is it takes a property -- properties that you all own -- and it creates tremendous more City of Miami Page 44 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 developmental capacity, which it, in turn, creates more value, because you can do more things with it; you can buy, you can sell, you can rent more units to bring more dollars in, and over time, that adds up. Now, I don't know if this team is going to always be together to do -- I don't know if they're going to be here 15 years from now; certainly, we won't, but I will tell you that whatever the effect is of this space is going to affect the Little Haiti community in general -- or specifically, rather -- and then the surrounding areas in general. And I know we tend to talk what's on the west side of this project, but there's also communities to the east side. We had someone speak as to the positive effects of what could happen over there. But 25 stories in a space that -- where there -- people don't have an opportunity to enjoy that sort of height today is a real stretch. Moreover, when I think about the numbers that were put onto the record as far as the public benefits are concerned, th the bonus, the public benefits structure, which means that it does not have to be picture in the image of it; however, there's no guarantee for that neighborhood that there's going to be this benefit that's so great. And when you start to talk about a 120, 140 percent workforce housing AMI, you're talking about units where people -- Because if I were doing the project -- and I'm not -- if it was up to 140 percent of AMI, I'm going to pick as many 140 percent of AMIs as possible. And if I'm controlling the jobs, I can create that. But that's such a stark difference from a -American population of Little Haiti varies between 35 percent and 76 percent, depending on the census tract, and 64.6 percent of children in this community, below the age of 18, Commissioner Reyes: Poverty level, that's right. Chair Hardemon: Look, I know these spaces that poor people have been living in most recently have become desirable, and certainly, people have the absolute right to buy whatever property they want to, because people have the right to sell whatever property they want to, but there is no right to an SAP. There is no right to 25 stories. There is no right to 20 stories. Now, you may have a right to apply for a bonus, but that amount of bonus depends on the sort of zoning that you have today. And so, you kn But with the way that the community benefits are spelled out versus the public benefits, I don't believe in that statement. I think we're not there yet, where we can could make that statement true. Now, we know that the moment the gavel is banged and there is an approval of an SAP, you win. Chair Hardemon: But there is no -- the risk -- in fact, the risk, the true risk was buying the property, not knowing if you're going to get an SAP granted. That was the risk. When we think about 2nd Avenue and the things that are at 2nd Avenue, there are businesses that are coming to 2nd Avenue. There have been new developments in that space. You have seen in other SAPs that have come in the City of Miami that have added true benefits to our community. The one most south of you that has been approved is the Design District SAP, which I'm sure you're faintly familiar with. Mr. Kasdin: Oh, I'm familiar with it, Mr. Chair. Chair Hardemon: And the sort of request that is being made of this SAP is not like that one. In fact, when I think about Brickell City Centre, the level of intensity that even is in that space, when you compare it to this neighborhood that this one is being placed into -- and these are opinions -- but when you compare it, this is a different City of Miami Page 45 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 monster. This changes forever that space. And so, when I look at the -- you know, I'm -- I try to look at what "whereas" clauses that we have in the City of Miami and the findings that we have to make when we come to certain conclusions, et cetera, and undoubtedly, there's been some changes, even the documents that we have today, because there are things in the "whereas" clauses that I saw that I don't see today, which means to me that -- and I've seen it happen. There are times where Administration will write "whereas" clauses and findings, and then when people because these things affect what conclusion we come to. And so, what I'm saying here is that there were some "whereas" clauses that I read before that spoke to the gentrification as bittersweet. It's bitter to those who want the neighborhood to look and feel similar to what it has been, but it's sweet to those who have sold their property and enjoyed the benefit of having money that they can retire with or put kids through college, buy a different house, or neighborhoods that change positively for those who continue to live in it. But the one thing that we've been focused on in the City of Miami is trying to find -- and we passed a bond issuance in support of this -- ways to support those neighborhoods that don't want to be moved. And so, when you develop this sort of activity that is unlike the space that was developed in Canada, which I haven't had an opportunity to see, the neighborhood that's around it, those are the people, those businesses that are there, those individuals that have raised families, put roofs over their children's heads, started businesses, kept businesses; those -- that community is what's next, because the question is, how is it that the City of Miami is going to handle this SAP and its effect on the surrounding neighborhood, and the future SAPs and their effects on the surrounding neighborhoods? And I personally believe there is much more value. There is much more value that's being received in this project that can be used to help mitigate many concerns in that area over a long period of time that won't -- that will make the "If we win, everybody wins" statement true. One of the last things that Guy said before he left -- Chair Hardemon: -- the lectern, he said that he won't be pressured, and he named a number of different ways. But one of the things that he said was "corruption." That's a big word in the City of Miami. It means a lot to all of us who have decided to put our time in for public service -- Commissioner Reyes: Yes. Chair Hardemon: -- who have been accused; some people who have been vindicated. It's not a word that people use lightly or in conversation, because it's the -- from people that choose to do business with the City of Miami. And so, I don't believe there's, from my perspective, from things that I've seen, any corruption that your organization has been dealing with. But it may be morally bankrupt of us if we choose not to stand up for a community that could benefit so much more from what is supposedly coming to this area. You're not going to let this land stay vacant; you would make improvements upon it. The pictures are pictures; they could change, -- which are inherent in that land that matter most in this deal. And so, because of that, as I said earlier, I just do not think that we are where we need to be in order to move forward with this in a positive light. I don't agree with passing things on first reading in order to work things out in second reading. I've been like that since the moment I joined this Commission. I can count on my hand how many times that it has happened; especially when we have a young lady that's a court reporter that chooses to document everything that we say to ensure that there's a clean record if this thing City of Miami Page 46 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 ever is needed to move forward in a different way. You are a very talented lawyer. You are a very talented public official. And what I've learned from that is that in order for us to protect certain neighborhoods, we have to protect our position, and that's the position that I'm in right now. And so, what I would ask -- because I don't want to vote this down. That's not what I want to do. So what I would ask is for more time to consider improving upon the community benefits of this project, because you know, as well as I know, that not all community benefits have to be immediate; the same way as this document spells out the Economic Impact Analysis over a couple of decades. Certainly, there are things that can be done now, and certainly, there are things that should be done in the future, and they all could be based upon the success of this project, and that success should lift all the (UNINTELLIGIBLE) that are not just on the parcel that you own, but the parcels here, but I think it's time well spent. And if we're continuing this matter to have another first reading, I would not allow public comment on that first reading item. You know that the law allows us to have public comment one time before an item is passed, but we've always been most gracious with our time. And so, I would expect our next public comment to be on our second reading, but I won't get to a second monstrosity of a development in our community; not just in mine, but in the City of Miami. And I think that we're going to be finding ourselves in situations that are similar to this, if not exact, in other parts of our neighborhood. And so, that's why I ask my Commissioners -- Mr. Kasdin: Mr. Chair, may I briefly -- Chair Hardemon: -- to continue the item. Commissioner Reyes: May I add to that? And I share some of your concern about much to ask an economic impact analysis of the surrounding areas, how this is going to impact, because what the Chairman is saying is true. As soon as this development command from land there is going to be different, and cost of -- I mean, if a land is en, but just to have an idea. And if -- also, we might get -- the same page with -- How are they going to benefit and plan to -- you see, how the community is going to be -- benefit, or the participation -- community participation in it, which is my main concern. My main concern is the community, you see; and not only the immediate neighborhood, because, as the Chairman said -- and I said it before -- this is going to affect all the other communities surrounding it. It's going to affect the City. It's going to affect the north side, northeast, you see. And it's going to have a tremendous impact, because this is a huge development. Can you imagine how many buildings are going to be there that's going to be over 20 floors? Mr. Kasdin: Mr. Chair, at the appropriate time, may I have some words in response? the Vice Chairman and Commissioner Gort. Vice Chair Russell: Thank you, Mr. Chairman. And thank you, Neisen, and to all the applicants. I wanted to offer my Jennings disclosure that I had met with the applicants and gotten a briefing on the proposal. I learned a lot more about it today. I appreciate hearing -- this opportunity to hear where my fellow Commissioners are, because obviously, we have no idea until we get up here, and I'm quite aligned with Commissioner Reyes with regard to some things I'd like to see in here. I was City of Miami Page 47 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 prepared to move forward on first reading with several asks, and I don't quite know where Commissioner Hardemon will go with the asks that he will have, because we haven't really expressed them. I hear the concerns, and I agree with the concerns. I think he was very clear about reframing the discussion, and I -- and we do this a lot when we're talking about entitlements and zoning, and what it really, really means. It's always good to have investment in the City of Miami, and the creative investment that could come from this could be incredible. And I do believe in the partners who have joined together on this issue. The little bit that I've gotten to know you and the projects I've seen you work on -- and Guy, your history with Cirque de Soleil --that sort of creative energy, I believe there's a good intention there, and I believe there's a good intention for the community as well. But, as the Commissioner said, that value is locked in the second the gavel falls, and that's where our ability to advocate on behalf of the community ends, in a sense. This is really our moment now and between first and between second reading. So for me, seeing job training, seeing local hiring requirements; a living wage is important; I don't believe that's been addressed. The affordability side of things is not fully clear yet. I'm learning more as we go here on this particular issue. I've never seen one calculated by square foot versus units, so that gives a little bit of a concern to me, but I think that's easily remedied. I think the City AMI change will remedy a lot of my concerns. But other than that, I see a lot of creativity in this in the green space and the intention here. Commissioner. I hear a concern for his community, and that has to be respected. So I work with your discretion on this issue. I just wanted to make sure that I was on the record for the things that I have concerns on, but that I -- if the will of the Commission and the district Commissioner were here, I was ready to go forward on first reading. Chair Hardemon: Commissioner Gort. Commissioner Gort: Jennings disclosure. I had a meeting with the neighbors. I also had a meeting with the individual making the -- presenting. Now, my understan- - a lot greater, and so on, and you want to see some additional benefits to the community, and I think we should tell them what you're looking for, what you want. To me, I think it's very important. I understand the neighborhood and the worries about the neighborhood, but how do you fix neighborhood? How do you get people out of poverty? By creating jobs. Technology today is one of the most important thing there is. The whole world is changing. We got to train the younger people to be able to fit in the demand that's going to be for technology, and this is something that we have to look at. I think you should give him some instruction. And also, I respect the district Commissioner; although, sometimes I've not been respected, but -- for you to come out and let's tell them what we want. Commissioner Reyes: And -- Commissioner Gort: I mean, we've been talking here for hours. We heard from everyone. Let's discuss it. What are you expecting? Commissioner Reyes: If I could add, nowadays, the best-paying jobs are created by technology, you see. And we have a young -- I mean, great amount of youngsters that they are going to school to become computer experts, computer technology, and we have to find jobs for them, you see. That's -- and I -- I'm all for creating technological jobs, you see, but there are certain concerns that should be addressed, you see, particularly about the community. And I agree with the Chairman that once that gavel falls, you see, the value is already -- I mean, it's -- value of the land triples, and then we should get -- the community should get the benefits also, and that's precisely -- I think that's what you are saying, sir, you see; that we have to -- City of Miami Page 48 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Neil Fairman: May I talk? Chair Hardemon: You're recognized. Mr. Fairman: Neil Fairman. I'm concerned with where we're going. I don't know whether -- and I'm confused, because I don't know whether you think that maybe this project doesn't belong in this area, and that's the first thing that we have to and you don't want it in the area, we'll have to find a place -- whether it be in Miami or somewhere else -- to do the kind of project that we want, and maybe this is the wrong place for it. Chair Hardemon: That is true. Mr. Fairman: And it's possible. I'm not trying to be arrogant. I'm trying -- Chair Hardemon: But that is true. That statement is true. Mr. Fairman: -- to be absolutely honest and faithful with you -- Commissioner Reyes: That is all that we're saying. Mr. Fairman: -- so that we understand. Maybe we picked the wrong place, and maybe we should pick a place that's already zoned that has that kind of density that's available to it. We came in here with the idea of trying to improve this area and to bring jobs to the area and to try and keep the culture, and to try and do things for the area that we thought was going to be admirable. But we're -- I sort of -- I want to do it. I want the neighborhood to be a better neighborhood. I want to improve the neighborhood. I want to do what I can. But we also have financial constraints. Right now we're in the neighborhood that when we rent apartments and we build -- when we build apartments and we rent them, the rents are so low we can't even break even. We have to build the office buildings first to bring the people that we can have in the apartments to pay the rent, because we can't even afford to build apartments, whether they're affordable or any other -- because they financially don't -- I'm off the subject -- and I know i going to be able to build them. It's very easy to say this and not have the financial study done for it so that -- I'm not arguing. I'm just -- Chair Hardemon: No, no, but -- Mr. Fairman: -- I'm trying to be honest with you in working with you. Chair Hardemon: -- what you're describing is the public benefits package. Commissioner Reyes: That's right. Chair Hardemon: So I want to make this very clear, because I want to make sure that we're talking on the same page. When you describe the workforce and the affordable housing mix of units that you could add to your project, that's all in the bonus structure, correct? Mr. Fairman: We pay for the height and the extra square footage by a bonus amount -- City of Miami Page 49 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Fairman: -- that's in the Code for the City of Miami. Mr. Fairman: Yes. Chair Hardemon: So if you chose not to have that additional height, you do not pay into a Public Benefits Program, and you do not have to create the workforce or affordable housing that you seek; is that correct? Mr. Fairman: Yes, you're right. Chair Hardemon: So there's no guarantee of affordable housing or workforce housing. Now we understand that you have a desire to produce some workforce housing, because you know that you're going to create jobs that are going to attract people who make those sorts of salaries, but there's no necessarily \[sic\] guarantee. And as you put it, you're building your commercial pieces first and then the residential comes after. Now, it wouldn't make much sense for you to build residences that do not support or can't be supported by the commercial facilities that are there. So these are all decisions that will be made in the future. But what's most important about the decision is the capacity, the devel -- what you can do, what -- the potential of you in actually completing this. Look, I'm not here to play -- I'm not playing with you. Right? I don't want to go through today and describe what you know what we're -- what we -- what -- the things that we should be talking about. Right? You understand plainly, because, like everyone who's explained themselves in their Jennings disclosures, which is probably not necessary, unless we're taking a vote on it -- until we're passing or not this item. We've had discussions about these sorts of things, and I've had discussions with those who are not in agreement with you as of today. So I think there's a path to where we all want to be, but you know as well as I know that we could do better. And so, the public benefits that have been described that you're able to achieve because of a grant from the public in an increase of capacity through an SAP, that potential, that reason why you bought this property, knowing that if I had nine acres or more, what I could potentially do there, that is the value. And so -- Mr. Fairman: And honestly, I thought I would pay the bonus height, and that would pay -- I would pay the bonus per square foot as prescribed in the Code, because that seemed like the formula that was being used for every other SAP before it. And because it was the precedent, I thought that that's the way it would work. Chair Hardemon: So when I came into this position as a Commissioner, the precedent on ensuring that people from the neighborhood were employed was best efforts. That -- Mr. Fairman: I'm sorry; I did not hear what you said. Pardon me. Chair Hardemon: When I became Commissioner, the -- when we wanted to have a local hiring preference in our documents in the City of Miami, we used the term "best efforts"; that the developer had to make the best efforts, and it probably was -- it was a few more descriptive words in there, but it ultimately described nothing of much, nothing of substance; certainly didn't have any ability for us to hold their feet to the fire when it did not meet the requirements that we were asking for, and routinely, they did not. And then there was a time in which -- and there was that time -- when we were told that if we change that language that it would be impossible for developers to acquire funding to build the projects that they build. City of Miami Page 50 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 We changed the language, and they agreed to the terms. They agreed to the terms, also with some penalties. And we've had people that have violated those terms and had to pay for those penalties. And so, what I'm explaining to you is that there's so much potential in this deal that I know this deal can and will go through only with I don't -- right now we know that you're asking from -- for a jumping of a rezoning to at things differently when there's a rezoning, if you're going from where you are today to a T6-8, because things may be carved out in ways that are less desirable for you. And so, there are inherently different ways to take a look at this. And what I'm saying to you is that I'm going to take the time that I believe is necessary to defend the neighborhoods that are surrounding this place and create the best value that I can -- create the best and most in-scale development but -- where we think that that area can go, because it is the responsible thing to do. Mr. Fairman: I don't doubt that you want to do the right thing, and so do I. My question really is, put aside the financial package; this project, with what we're trying to do, does it fit in Little Haiti? Chair Hardemon: We shall find out. Mr. Fairman: Let's not talk about the financial aspect. Chair Hardemon: We shall find out. -- Chair Hardemon: I'm not leaving you hanging. I'm not leaving you hanging. We shall find out. n this for -- started planning it probably almost two years ago; started planning it before we bought the property. We came in. We talked to the City about doing an SAP, getting involved, looking at how much -- Chair Hardemon: What's the tallest building that's around you? Mr. Fairman: Pardon me? Chair Hardemon: What's the tallest building that's around you? Mr. Fairman: The tallest building that's around us is the Pinnacle Building; that's about 12 stories. It's a few blocks away. Chair Hardemon: Okay. North or south? Mr. Fairman: It's south, on 55th and 4th Avenue. It's the only building that's been built in that area in 50 years, other than the Caribbean Market -- Chair Hardemon: And that is a -- Mr. Fairman: -- the church and the -- Chair Hardemon: -- and that building is an affordable housing building -- Mr. Fairman: Yes. Chair Hardemon: -- is that correct? City of Miami Page 51 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Fairman: Yes. That one was subsidized. Chair Hardemon: How many units are there? Mr. Fairman: Huh? Chair Hardemon: How many units are there? Mr. Fairman: I don't know. Chair Hardemon: But you would say that it's a -- you said 12-story building? Mr. Fairman: I think it's 12 stories. Might be 8, might be 12. I'm not sure. Chair Hardemon: And between 8 and 12 stories, all affordable? Mr. Fairman: I don't know. I know it was built by Pinnacle, I was told. Chair Hardemon: Which is an affordable housing developer. Mr. Fairman: It's a tax credit building. Chair Hardemon: So it's an affordable housing development. Mr. Fairman: I don't want to be argumentative. The only thing I'm saying is nothing has been built in the area. Chair Hardemon: What I'm saying to you is that by right, if you did 12 stories -- what you have to do by right -- you don't have to do anything more than 12 stories with the granting of this SAP. You can do 12 stories. And if you did 12 stories, you do not have to include one unit of affordable housing; is that correct? Mr. Kasdin: Under the SAP -- Chair Hardemon: Under the SAP. Mr. Kasdin: Well, no. Under the SAP, the affordable housing and workforce housing requirements are mandated. We don't have to use them for the bonuses, but we still have to provide them. Mr. Fairman: So what we're trying to figure out is, does this business belong in Little Haiti. That's what -- -- that's what we're trying to figure out. Chair Hardemon: So let me ask you a question. So you -- I'm not going to get into a back and forth discussion with you about this. What I'm going to ask for from my board members is a continuance, and we're going to continue to discuss this all together before we make a decision about what we're going to do, because I found that when people want us to make findings of fact on the record that it's always best to do them in our favor and not yours. So that's where I am, so -- Vice Chair Russell: Mr. Chairman, I'll move to -- I move to continue. Chair Hardemon: It's been properly moved and seconded to defer. I'm requesting to the like -- well, to the Planning & Zoning meeting in February. Todd B. Hannon (City Clerk): That will be February 28, sir. City of Miami Page 52 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: So that's PZ.1, 2, and 3. Any further discussion on the motion for continuance? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. This meeting is adjourned. Mr. Kasdin: There were three items. All three items? Chair Hardemon: Yes. Commissioner Gort: We got anything else? City of Miami Page 53 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PZ.2 ORDINANCE First Reading 4668 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, A CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 17.75 ACRES (773,190 SQUARE FEET) FOR THE "MAGIC CITY SPECIAL AREA PLAN" ("SAP"), AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET, AND 200, 300, 401, AND 415 NORTHEAST 62 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBTTACHED AND INCORPORATED; THE SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES A MAXIMUM OF APPROXIMATELY 2,662 RESIDENTIAL DWELLING UNITS AND 8,164,140 SQUARE FEET OF TOTAL DEVELOPMENT FL) OF WHICH 370,000 SQUARE FEET OF FLR MAY ONLY BE USED FOR PARKING; THE SAP SHALL CONTAIN A MINIMUM OF 165,528 SQUARE FEET OF PUBLIC OPEN SPACE; THE SAP WILL MODIFY THE UNDERLYING TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; 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 PZ.2 was deferred to the February 28, 2019 Planning and Zoning Commission Meeting. For minutes referencing Item PZ.2, please see Item PZ.1. City of Miami Page 54 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PZ.3 ORDINANCE First Reading 4716 AN ORDINANCE OF THE MIAMI CITY COMMISSION, Department of WITH ATTACHMENT(S), APPROVING A Planning DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MCD MIAMI, LLC, MAGIC CITY PROPERTIES I, LLC, MAGIC CITY PROPERTIES II, LLC, MAGIC CITY PROPERTIES III, LLC, MAGIC CITY PROPERTIES IV, LLC, MAGIC CITY PROPERTIES V, LLC, MAGIC CITY PROPERTIES VI, LLC, MAGIC CITY PROPERTIES VII, LLC, MAGIC CITY PROPERTIES VIII,LLC, MAGIC CITY PROPERTIES IX, LLC, MAGIC CITY PROPERTIES X, LLC, MAGIC CITY PROPERTIES XI, LLC, MAGIC CITY PROPERTIES XIV, LLC, MAGIC CITY PROPERTIES XV, LLC, MAGIC CITY PROPERTIES XVI, LLC, MAGIC CITY PROPERTIES XVII, LLC, MAGIC CITY PROPERTIES XVIII, LLC, MAGIC CITY PROPERTIES XIX, LLC, MAGIC CITY PROPERTIES XX, LLC, MAGIC CITY PROPERTIES XXI, LLC, MAGIC CITY PROPERTIES XXII, LLC, MAGIC CITY PROPERTIES XXIII, LLC, MAGIC CITY PROPERTIES XXIV, LLC, MAGIC CITY PROPERTIES XXV, LLC, DRAGON GLOBAL MIAMI REAL ESTATE INVESTMENTS, LLC, LEMON CITY GROUP, LLC, AND IMPERIAL CAPITAL GROUP, LLC AND THE CITY OF MIAMI RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF 17.75 ± ACRES FOR THE MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 6001 AND 6041 NORTHEAST 2 AVENUE, 5952, 5972, 5974, 6300, 6301, 6350, AND 6380 NORTHEAST 4 AVENUE, 6200 AND 6210 NORTHEAST 4 COURT, 270, 296, 334, 350, AND 370 NORTHEAST 60 STREET, 228, 240, 250, 262, 270, 288, 298, 300, 301, 310, 320, 340, 352, 353, 365, 371, 372, AND 382 NORTHEAST 61 STREET, AND 200, 300, 401, AND 415 NORTHEAST 62 STREET, MIAMI, FLORIDA, AS MORE ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE, AND ANY OTHER USES AUTHORIZED BY THE MAGIC CITY SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE City of Miami Page 55 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; 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 PZ.3 was deferred to the February 28, 2019 Planning and Zoning Commission Meeting. For minutes referencing Item PZ.3, please see Item PZ.1. PZ.4 ORDINANCE First Reading 4856 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6-8-L, "URBAN CORE LIMITED," TO T6- 12-L, "URBAN CORE-LIMITED," OF THE PROPERTIES LOCATED AT APPROXIMATELY 4865, 4875, AND 4885 NORTHWEST 7 STREET MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT ACCEPTING THE VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS PROFFERED BY THE APPLICANT, ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PZ.4 was continued to the December 13, 2018 Planning and Zoning Commission Meeting. Note for the Record: A motion was made by Commissioner Gort, seconded by Vice Chair Russell, to grant intervenor status to the Blue Lagoon Condominium Association, pursuant to Section 7.1.4.3(d) of Miami 21. This motion was not voted upon at either the October 25, 2018 Planning and Zoning Commission Meeting or the November 15, 2018 Planning and Zoning Commission Meeting and will carry over with this agenda item to the December 13, 2018 Planning and Zoning Commission Meeting. City of Miami Page 56 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Public comment? Richard Alayon: Mr. Chair, actually, we are here before you to make a report as to whether we settled; and if not, we would -- we understand that the Commission in the last October meeting said -- Chair Hardemon: Can you state your name for the record, please, and also --? Mr. Alayon: The Commission, as I understand it -- Chair Hardemon: Would you state your name for the record. Mr. Alayon: My name is Richard Alayon, and I represent Blue Lagoon Condominium. Chair Hardemon: Okay. Mr. Alayon: We had -- Chair Hardemon: Okay. What item is that on the agenda? Mr. Alayon: PZ.4, Mr. Chair. Chair Hardemon: Okay. Mr. Alayon: And we were here last month in October, and as I understand it, we were to report whether we had a settlement; and if not, you would set us in the December agenda. So we're asking for a deferral. Chair Hardemon: Okay. Mr. Alayon: We -- the report is that Mr. Diaz de la Portilla and I have met, the clients have met. There are some issues. Nothing's been put in writing. We think there's been progress. We look forward to it, and we're not here to present the full- blown case in light of the fact at the prior meeting, you indicated you would simply move us to December. Chair Hardemon: Tell me you agree with that, Mr. Diaz de la Portilla. Miguel Diaz de la Portilla: Not quite, Mr. Chairman. Thank you. Again, Miguel Diaz de la Portilla, 200 South Biscayne Boulevard, Miami, Florida. I'm an attorney with Saul Ewing, and I represent Mrs. Caroline Weiss and Seven at Blue Lagoon 1 and Seven at Blue Lagoon 2, two LLCs (Limited Liability Companies). We did meet on November 5 extensively. We had a three-hour meeting with Blue Lagoon Condo Association. Chair Hardemon: Do you object to the continuance? Mr. Diaz de la Portilla: I think we're -- of an item on first reading. We'd like to be able to get past first reading. We have to come back on second reading anyway, and this item has been circulating around the City for close to a couple of years now; and so, we'd like to be able to at least move past first reading. We are ready, willing, and able to meet with Blue Lagoon Condo Association. We've also met with the Sunset 3 Condo Association, which is to our east. Their attorney isn't here today, but we will continue meeting with them. And as we've said from the very beginning, we are willing to accommodate any reasonable request in light of what are ask is, which is, as you know, is really just a zoning change to add three floors, without City of Miami Page 57 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 increasing density and without increasing FLR (Floor/lot ratio) at all over what we're allowed to do today. But we'd like to move past first reading, Mr. Chairman. Chair Hardemon: So you're the applicant? Mr. Diaz de la Portilla: Yes, sir. Chair Hardemon: It's been continued in the past. It's been continued in the past. Mr. Diaz de la Portilla: It has been continued in the past; yes, sir. Chair Hardemon: So my thought is, you know, we have a busy day today, and we're going to give one last continuance if the board is okay with that. Mr. Alayon: Mr. Chair, I appreciate it. Chair Hardemon: We're going to give one last continuance to December, and then that would be the first reading. We'll make a decision from there, okay? Mr. Alayon: Understood. Chair Hardemon: Is there a motion in accordance with that? Victoria Méndez (City Attorney): Chairman, I just wanted to briefly put on the record just with regard to disclosures that, unfortunately, both attorneys were bickering in emails that you were copied on. I'm just letting everybody know. Anybody have an issue with that? Okay, we can move on. Chair Hardemon: Especially not during a continuance. Is there a motion for the continuance? Commissioner Gort: I'll make the motion. I want to explain why. I want people to understand, and I want the answer from the Attorney's Office, because there's a lot of questions about the easement and who can use the easement, and what is the right of the easement, so I want to make sure that the lawyers and the people, everyone understands what it is. Also, I want everybody to understand what you can build as of right without coming in front of here, okay? So I want you guys to understand that. So I know you're trying to negotiate, and I think they're trying to do the best for everyone. But at the same time, there's a certain limit to how much you can negotiate, okay? You're a lawyer and you understand. Mr. Alayon: Thank you. Commissioner Gort: And that's it. Mr. Alayon: Thank you very much, Mr. Commissioner. Chair Hardemon: Moved; seconded by the Chairman. Any further discussion on the motion? Commissioner Gort: The next time is the decision. Mr. Alayon: Thank you, Mr. Commissioner. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 58 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: That motion carries. Thank you, gentlemen. PZ.5 ORDINANCE Second Reading 4857 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE Department of FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE Planning NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM RICTED RAL COMMERCIAL" OF THE 0.318 ± ACRES OF THE WESTERN PORTION OF REAL PROPERTY LOCATED AT 201 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DEA- FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13807 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Madam City Attorney, PZ.5 and PZ.6, is this the second reading for those items? Victoria Méndez (City Attorney): Yes, Chairman; PZ.5 and 6. Chair Hardemon: Can you read both of those items into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Can you read the next one, as well? Ms. Méndez: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Thank you. This is the second reading -- I'm confirming again -- correct? Ms. Méndez: Yes. Francisco Garcia (Director, Planning): Yes, sir. Chair Hardemon: Thank you. Is there a motion to approve PZ.5 and PZ.6? Commissioner Reyes: Move it. Chair Hardemon: Been properly moved; seconded by the Chair. Any discussion? Hearing none, all in favor, say "aye." City of Miami Page 59 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. Unidentified Speaker: Thank you, and good night. Commissioner Gort: Great presentation. Chair Hardemon: Congratulations. PZ.6 ORDINANCE Second Reading 4858 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Planning FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN TRANSECT ZONE-LIMITED," TO T5-O, "URBAN CENTER TRANSECT ZONE OPEN," FOR APPROXIMATELY .318 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 201 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN - CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13808 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PZ.6, please see Item PZ.5. City of Miami Page 60 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PZ.7 ORDINANCE First Reading 4945 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Department of AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DIUM DENSITY MULTIFAMILY IUM DENSITY RESTRICTED COMME OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED APPROXIMATELY AT 3516 NORTHWEST 7 AVENUE AND 725 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBTTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Is PZ.7 and PZ.8 our second reading? Victoria Méndez (City Attorney): PZ.7 and PZ.8 are -- Chair Hardemon: First reading? Ms. Méndez: -- first reading. Chair Hardemon: All right. Ms. Méndez: First. Chair Hardemon: At least read into the record PZ.7, the title. Ms. Méndez: PZ.7. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Oh, I have a question for you. So these properties, (UNINTELLIGIBLE), that's where that huge -- it was like a very big church-looking building. Commissioner Gort: Yes. Iris Escarra: Right. We're two blocks north of it. We're right next to the BK, right at the intersection. Chair Hardemon: But that building was torn down. Ms. Escarra: Yes, the building was torn down. It's a vacant site. City of Miami Page 61 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: So they had -- it was split into different properties? It was never properly replatted? Ms. Escarra: It's all unified in ownership, but it's split in zoning. Chair Hardemon: But it was one building that was built -- Ms. Escarra: One building across both. Chair Hardemon: What year was that built; do you know? Ms. Escarra: No. Commissioner Gort: Way back, somewhere in the '30s. Ms. Escarra: I remember we had an unsafe structures order and everything. We had a -- it was a bad building. Chair Hardemon: Nice building. I mean, it was old and rickety, but, you know. Commissioner Gort: Mr. Chairman, I'd like to disclose a Jennings disclosure. I met with the attorneys before. I discussed the issue with them. And I'd like to tell you the -- right next door to them, we're having a hotel being built there, and the whole area is changing quite a bit. And I've asked the Planning Department to do an analysis and a study of the whole area. Chair Hardemon: All right. Commissioner Gort: So I'll make the motion to approve. Chair Hardemon: Been properly moved -- Commissioner Reyes: Second. Chair Hardemon: -- and seconded. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gort: They're great presentations. Ms. Escarra: Thank you. Renita Holmes: Mr. Chair? Chair Hardemon: We already had public comment. Ms. Holmes: I was confused about 1, 2, 3. I thought you closed it for 1, 2, and 3. Chair Hardemon: No, no confusion, no confusion. Ms. Holmes: Huh? Well, I -- Chair Hardemon: I repeated it time and time again. You get another -- Ms. Holmes: I'm sorry? Chair Hardemon: Go ahead. City of Miami Page 62 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Ms. Holmes: No. You know, I grew up there, and we were just in front of it, tons of pictures. I just want to note that it was a historical building -- Chair Hardemon: It was a very nice building (UNINTELLIGIBLE). Ms. Holmes: -- that was torn -- it was split -- I'm just always concerned about 7th Avenue. I mean, 32 years there, and Moore Park, and all that, so you know it's big. And the hotel that -- the historical buildings were torn down. But here's my concern: As I see 7th Avenue grow, you know, you're right next to residential homes, so I'm concerned about the height. And I know no one has come down here, because I know that's working folks. I know that neighborhood. So I'm going to be the voice right now to say that when you put something on that -- if we put something on that corner, please don't have it as big and tall -- do not corrupt this neighborhood. It's been a great neighborhood for years. That is an icon corner at 7th. And it's also my concern that if anything is too tall there -- Chair Hardemon: The gateway to -- across the bridge. I'm -- Ms. Holmes: You the man, you the man. Chair Hardemon: I understand. PZ.8 ORDINANCE First Reading 4946 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION OF LOTS 28 AND 29 OF THE EDEN PARK PLAT FROM "T4-R," GENERAL URBAN TRANSECT ZONE RESTRICTED, -NSECT ZONE LIMITED, AND OF LOTS 3, 30, 31, AND 32 OF THE EDEN PARK - URBAN CENTER TRANSECT6-8- CORE TRANSECT ZONE LIMITED, FOR APPROXIMATELY 0.79 ACRES OF REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF NORTHWEST 7 AVENUE AND NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBTTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Read into the record PZ.8. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. City of Miami Page 63 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any further discussion? Francisco Garcia (Director, Planning): If I may, Mr. Chair, may I suggest that the covenant that has been proffered by the applicant be accepted as part of the motion? Commissioner Gort: Yes. Chair Hardemon: Accepted by the mover and seconder. Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Iris Escarra: Thank you. Chair Hardemon: Motion passes. Todd B. Hannon (City Clerk): As amended. Commissioner Gort: Great presentation again. PZ.9 ORDINANCE First Reading 3001 MAY BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor - PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY REPLACING SECTION A- ISLAND DISTRICT AND CHARLES AVENUE (NCD- A- DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: Item PZ.9 was deferred to the January 24, 2019 Planning and Zoning Commission Meeting. City of Miami Page 64 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PZ.10 ORDINANCE First Reading 4669 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY and Mayor - PZ AMENDING ARTICLE 3, SECTION 3.14, TITLED THE MANDATORY INCLUSION OF AFFORDABLE OR WORKFORCE HOUSING IN T6-24B TRANSECT ZONES, TO CLARIFY THAT PROPERTIES IN T6-24B TRANSECT ZONES MUST ONLY PROVIDE AFFORDABLE OR WORKFORCE HOUSING TO ACHIEVE BONUS HEIGHT AND FLOOR LOT RATIO ("FLR"), AND TO MODIFY THE PUBLIC BENEFIT AVAILABLE FOR THE PROVISION OF AFFORDABLE OR WORKFORCE HOUSING; AND BY AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED -36A AS AN ADDITIONAL SUCCESS IONAL TRANSECT ZONE FOR T6-24A; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item PZ.10, please see "Public Comment Period for Planning and Zoning Item(s)" and Item NA.1. Chair Hardemon: Can we read PZ.10 into the record, please? Victoria Méndez (City Attorney): 10, Chairman? Chair Hardemon: Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'd like to make the motion, and discussion. Chair Hardemon: Properly moved by the Vice Chairman; seconded by the Chair. You're recognized, sir. Vice Chair Russell: Thank you very much. This is no small deal, gentlemen. We're moving this quietly and easily, but this is our first adventure into inclusionary zoning, which is a big move for the City of Miami. Commissioner Barbara Jordan has worked on this at the County. It only passed on a voluntary basis. This would be the first move where we would be mandating affordability in a transect zone, and I believe we're doing it in a way -- in cooperation with development. There's significant FLR (floor/lot ratio) involved to where this is -- no one could complain that this is a taking or an imposition, but what it's doing is taking those who are not in the world of affordable development and bringing them there. They're in the world of market rate development, and they don't understand, and they're not comfortable with what it means to provide affordability within their product. They're going to learn here, and it's going to work financially for them, but they're going to see, more importantly, it's going to work organically for them. So I thank you for your support on this, and we'll be inviting Commissioner Jordan to second reading. City of Miami Page 65 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: I have a little problem with this. Vice Chair Russell: Uh-oh. Commissioner Reyes: You see, I know their intentions are good. Intentions are good to provide workforce and provide affordable housing. But basically, what we're doing here, Commissioner, is you're telling a developer, "You have 10 apartments" -- whatever number of apartments -- "percentage of apartments that you are going to rent, or you're going to" -- "you're going to rent" -- my problem is more with renting than selling. "You're going to rent this apartment at a lower" -- I would say, lower rent than what the market is demanding, you see. Isn't that what you're trying --? You're telling them that they are going to build 100 apartments; 10 of them, for example, are going to be rented at a lower rent. Vice Chair Russell: 14 percent, yes. Commissioner Reyes: That's right. 40 percent, whatever you say, okay? That's -- basically, what you're doing is you're controlling rent, and this is some sort of rent control. But the only way that this will work, the only way that this will work is if we have the tools to, I mean, enforce that. Vice Chair Russell: True. Commissioner Reyes: You see, this won't work by us saying here, "Okay, the intention is real good"; that we said, "Okay, you are going to have 100 apartments that they are going to be rent" -- "the rent is going to be 40 percent of median income." But who is going to enforce it? We doing -- we don't have the mechanism to enforce it, because, you know, what's going to happen, it is five years from now, three years from now, the developer sells it. Here comes a guy that comes from New York, and when they tell him, "Oh, what happened with this 20 apartments here?" "Oh, no, no, this is a covenant that we have." "The hell with it." You see? And they're going to start jacking it up. Unless we have the mechanism to --for enforcement, we are not going to be able to enforce it. Commissioner Gort: Let me ask a question, George. My understanding is you do subcontracts individually to follow up and to check on all the apartments. They need to comply with salary and eligibility? Mr. Mensah: Yes. Commissioner Gort: Okay. The second question I have, in this one, this ordinance, do we have an eligibility time, and what's the time? Francisco Garcia (Director, Planning): The first official document that we require from any developer seeking to take advantage of this is a covenant running with the land -- Commissioner Gort: Right. Mr. Garcia: -- that has to be recorded in the public documents, and that covenant has to have a commitment for at least 30 years, with two renewable periods of 10 years that kick in automatically. Now, if the building is built for this particular purpose with that workforce component or affordable component in mind, typically, that is basically going to run not so much with the land, but with the structure. So City of Miami Page 66 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 essentially, any rethinking of this scheme will actually entail the demolition and redevelopment of the property. Commissioner Reyes: I don't want to -- I mean, we cannot solve this problem right here; that's why I'm directing -- and I know we have a lot of people that are waiting - - to work with my office, with every -- I mean, everybody that wants to work there -- with Commissioner Gort or Commissioner Russell or Commissioner -- and doesn't matter. We have to have the tools to make this work; otherwise, it won't work. Believe me, it won't work. Commissioner Gort: The reason I asked that question is because eligibility --if somebody buys it, they have to maintain the eligibility. Commissioner Reyes: Absolutely. Commissioner Gort: They cannot do away with it. Okay. Commissioner Reyes: All of that has to be -- Commissioner Gort: Okay. Commissioner Reyes: -- and we need legislation in order to take care of that, okay? Chair Hardemon: Seeing no further discussion on the item, all in favor of the -- Commissioner Gort: Aye. Mr. Garcia: If -- I'm sorry. I yield. I was under the impression that Commissioner Russell wanted to continue speaking on the item. Chair Hardemon: I asked. Vice Chair Russell: I was about to vote "yes." Mr. Garcia: Oh. Vice Chair Russell: And thank Commissioner Reyes, because we do have different philosophies about affordability, but we're going for the same end goal, and I thank you for your support on this. Thank you. Commissioner Reyes: You are welcome. Mr. Garcia: Just briefly, to mention in response to the question that was brought up by Mr. Rattner, and I've heard from others; and so, as to dispense with it, hopefully, offhand, the reason we've amended the successional zoning section of this particular ordinance to also allow properties that are zoned T6-24-A to apply directly to T6-36- A is because the FLR, the development capacity allowed by T6-24-B is higher than that of T6-36-A, and we wouldn't want to give an undue attractive or an incentive to property owners to apply for T6-24-B, with a view to simply enhance their FLR. Commissioner Reyes: Now I have an additional question. This does not preclude us from requesting, if the developer sees fit, that you will have a cash contribution for housing projects, you see; the housing fund that we are going to create, and now we have some funds that we're going to -- I mean that we are going to -- the bonds that are going to be -- being issued? City of Miami Page 67 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Garcia: Frankly, Commissioner, I must be candid. The intent here -- because it has been termed, and it is appropriately amended for inclusionary zoning, the intent of the ordinance is specifically in this area that is intended to be rezoned -- Commissioner Reyes: This is for a particular area, right? Mr. Garcia: -- is in -- provided onsite; exactly right. Commissioner Reyes: Then a particular area. Mr. Garcia: Exactly right. Commissioner Reyes: That is not citywide. Mr. Garcia: Not citywide. Commissioner Reyes: Not citywide, because I -- like I have my reservation about forcing inclusionary in certain areas that I think that the people that are going to move there won't feel good, you see. Okay. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 68 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PZ.11 ORDINANCE First Reading 4677 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 1, SECTION 1.2 OF THE MIAMI 21 CODE, TITLE THE DEFINITIONS OF ATTAINABLE MIXED-INCOME HOUSING AND WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF THE MIAMI 21 CODE, TD ATTAINABLE MIXED-INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATCENTIVES INCLUDING A FLOOR LOS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED-INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo Chair Hardemon: Please read PZ.11 into the record. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: I have a question. The -- what needs -- and I have -- and it is -- Francisco, when you say, "area median income," that means that area median income? You are not talking Dade County median income; you're talking about area; that if it is in -- City of Miami median income is substantially lower than Dade County median income. Francisco Garcia (Director, Planning): I understand your question, sir, and unfortunately, by "area median income," we're ref -- making reference to the AMI (area median income) that is published by HUD (Department of Housing and Urban Development), so that is certainly a pending item that we need to tackle. This continues to -- Commissioner Reyes: Can you clarify that? Because I want to support this (INAUDIBLE). Mr. Garcia: This contin -- so again, just to make the issue clear, this continues to be the area median income that is essentially the area median income for Miami-Dade County that you -- Commissioner Reyes: For Miami-Dade County -- Mr. Garcia: -- which is -- City of Miami Page 69 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: -- which is totally misleading. Mr. Garcia: It is ineffective, we agree, but we need -- Commissioner Reyes: It is ineffective. Mr. Garcia: -- but we -- and I agree, and what -- I have suggested to you and to all the Commissioners that we need to tackle that through a separate ordinance. Vice Chair Russell: Mr. Chairman? Commissioner Reyes: Well, you're going to have a separate ordinance to correct this? Mr. Garcia: It is an issue we're working on; yes, sir. Commissioner Reyes: And why don't we wait until you have the separate ordinance in order to vote on this -- Vice Chair Russell: I have a recommendation. Commissioner Reyes: -- and we vote on both of them? Huh? Commissioner Reyes: The Vice Chairman, I'm going to recognize. Vice Chair Russell: Commissioner Reyes, you're absolutely right, and I've heard you say this a few times. We should be calculating on City AMI versus County AMI; it's totally different. We have a different reality here, and we're not using the right calculation. I think we should move to direct the Administration to create a table that can calculate City AMI, because if I understand it correctly, we don't have a clear calculation of it -- Commissioner Reyes: No. Vice Chair Russell: -- but we could. Commissioner Reyes: We could. Vice Chair Russell: And then we could utilize that from here forward, and we could actually start to look at projects that have already been looked at and see if it applies, if we can apply it. Commissioner Reyes: But then on -- we should wait on passing this until we have that -- Chair Hardemon: It doesn't matter to me. If you want to continue it, ask for a continuance. Commissioner Reyes: You see, I -- why don't -- Chair Hardemon: Do you want a continuance? Commissioner Reyes: I would like to direct -- I mean, following Commissioner Russell's suggestion, why don't you work on a -- on that table -- Vice Chair Russell: I'll bring a motion after this one is decided. City of Miami Page 70 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: -- and -- okay. And then we decide that. Vice Chair Russell: And we'll just direct Management to -- Commissioner Reyes: You want to decide this first? And then -- I'd rather table this -- Vice Chair Russell: It's fine. Commissioner Reyes: -- I mean continue this. Chair Hardemon: It's continued to the January time period. Commissioner Reyes: Okay. Victoria Méndez (City Attorney): If -- Mr. Garcia: If you'd indulge me briefly, I'd like to make the argument that not passing this ordinance may actually preclude us from being able to move forward projects that -- although, admittedly, coming in at a slightly higher AMI -- would otherwise not come in at affordable levels at all. So -- Commissioner Reyes: Well, I want it to be clear. I think that at next meeting, you can bring -- Vice Chair Russell: It may take some time. Commissioner Reyes: -- a table you can work -- it doesn't take that much time. Hey, listen, what is a month? Nobody is going to be broke because a month. Mr. Garcia: I agree. This is first reading, and what I would like to accept from you, if you'd care to direct us in this manner, is the challenge to do it as quickly as possible, and I'm sure we can work it out in a month or so and bring it to you then. Commissioner Reyes: That challenge have been given since day one that I step -- as a matter of fact, today is my anniversary since I was sworn in as a Commissioner, and I couldn't have chosen a better time than this, because I have been -- one problem to the next, to the next; it has been no honeymoon, you see. Everything has been confrontations and fighting. Vice Chair Russell: Potential compromise: If we pass it on first reading with direction for the Administration to make a calculation by second reading of an equivalent AMI to use, whether it's not a city -- we could change the percentage rate, but that way, it achieves the goal that you're looking for, but doesn't hold the project. Commissioner Reyes: And if they don't bring that calculation, would you vote against it? Vice Chair Russell: Yeah, I'm with you. Commissioner Reyes: Give me your word? Vice Chair Russell: I'm with you. Commissioner Reyes: Okay, fine. Vice Chair Russell: I want to see City AMI used. I agree with you. City of Miami Page 71 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Commissioner Reyes: Okay, sir. Okay. Vice Chair Russell: And we need the calculation. Commissioner Reyes: Okay. And if I have the commitment of the rest of the Commissioners. Chair Hardemon: Is that a motion? Commissioner Gort: I have to think about it. Commissioner Reyes: Huh? Commissioner Gort: I have to think about it. Vice Chair Russell: To do it on first? Commissioner Reyes: You have to -- I know you have to think about it, you see. Chair Hardemon: Right. Commissioner Gort: Look, we did through a nonprofit 170 units, north --on Southwest 9th Street and 1st Avenue, one block away from South Miami and two blocks away from Brickell; 100 affordable housing and 70 market rate, and it worked. You have to create an incentive so people can do that. And it's working. It's a waiting list for both of them. Commissioner Reyes: Yes, yes, I know. I know, but they are -- we have a lot of people that they are real low income there that they cannot afford those prices. Ms. Méndez: So Commissioners of District 2 and 4, I just want to know my marching orders. For December 13, you would like a first reading ordinance? Vice Chair Russell: No. We were going to pass this on first reading. Commissioner Reyes: No. We are going to pass this now -- Ms. Méndez: No, no, I know you're going to pass this one. Commissioner Reyes: -- out of deference to the Commissioner of District 2 -- Ms. Méndez: But you want a separate ordinance -- Vice Chair Russell: Yes. Commissioner Reyes: -- not because of anybody else. Commissioner Gort: The -- on enforcement. Ms. Méndez: -- on December 13. Commissioner Reyes: Yes, sir. Commissioner Gort: On enforcement. Ms. Méndez: Well, no. There's the enforcement one that we already talked about, and then on this one -- City of Miami Page 72 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Chair Hardemon: Tabled. Ms. Méndez: -- talking about AMI. Commissioner Gort: AMI. Vice Chair Russell: Yes. Ms. Méndez: Yes? Okay. Thank you. Commissioner Reyes: Okay. Chair Hardemon: This item that has been read into the record, PZ.11, moved by the Vice Chairman, seconded by Commissioner Reyes, any further discussion on that? Now public comment; wrap that up, too. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Reyes: This one -- Chair Hardemon: All against? Commissioner Reyes: "Que salvarte." Chair Hardemon: Motion carries. Commissioner Gort: You're doing great tonight. Iris Escarra: This ordinance, if I may, is a great ordinance, because it actually has 10 percent of the units in the building -- Commissioner Reyes: Yeah. Ms. Escarra: -- have to be extremely low income, which the rents are between 4 and $500, so the ordinance is actually a great program, and I have clients interested in it. Commissioner Reyes: Yes. Ms. Escarra: So thank you for passing it. Commissioner Reyes: If it has the correct MIA -- AMI. City of Miami Page 73 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 PZ.12 RESOLUTION 4887 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL AND Department of REVERSING/AFFIRMING THE DECISION OF THE MIAMI PLANNING, Planning ZONING AND APPEALS BOARD EXCEPTION PURSUANT TO ARTICLE 5, SECTION 5.7.2.4 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21") AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.7.2.4(D) OF MIAMI 21 TO ALLOW FOR THE RESTORATION, EXPANSION, AND MASTER PLANNING OF THE LOCALLY DESIGNATED HISTORIC COCONUT GROVE PLAYHOUSE ZONED CIVIC INSTITUTIONAL ("CI") LOCATED AT APPROXIMATELY 3500 AND 3498 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IHED AND INCORPORATED, AS THE APPLICANT FAILED TO OBTAIN THE REQUIRED SUPERMAJORITY VOTE OF THE PZAB MEMBERS PURSUANT TO 7.1.1.4(D) OF MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Reyes ABSENT: Carollo END OF PLANNING AND ZONING ITEM(S) City of Miami Page 74 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 FL - FUTURE LEGISLATION FL.1 ORDINANCE 4943 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Department of OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY Planning AMENDING ARTICLE 1, SECTION 1.2, ENTITLE TICLE 3, SECTIONS 3.5, ENTITLED ION 5.3, ENTITLED "SUB-URBAN TRANSECT ZONES (T3)," AND ARTICLE 7, SECTION 7.2.3, ENAND EXPANSIONS OF NONCONFORMING STRRATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 75 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 NA - NON-AGENDA ITEM(S) NA.1 DISCUSSION ITEM 5217 DIRECTION BY COMMISSIONER REYES TO THE CITY ATTORNEY TO WORK WITH HIS OFFICE, AS WELL AS ANY Office of the City OFFICE, ON DRAFTING AN Clerk ORDINANCE THAT WILL CREATE ENFORCEMENT MECHANISMS ASSOCIATED WITH AFFORDABLE AND WORKFORCE HOUSING REQUIREMENTS IDENTIFIED IN ITEM PZ.10 (FILE NO. 4669), AND TO PLACE TO THIS ORDINANCE ON THE AGENDA FOR THE DECEMBER 13, 2018 PLANNING AND ZONING COMMISSION MEETING. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.1, please see Item PZ.10. Commissioner Reyes: Therefore, I am -- I would like to direct the City Attorney to work with my office to -- or with you, if you want, or anybody that wants to participate -- to draft an ordinance that will create an enforcement mechanism, and have it for the next Commission meeting in December. Vice Chair Russell: Penalties with teeth. Commissioner Reyes: Huh? Vice Chair Russell: Penalties with teeth. Commissioner Reyes: That's right. Vice Chair Russell: Thank you. Commissioner Reyes: Penalties with teeth. If there is -- and also, also, there have to be some penalties; have to be consequences, you see. You know, and I'm not too fond of this, because I believe more on making the developer contribute to a housing fund that we can leverage, and then we can build a lot of apartments, you see. I'm not too fond on inclusionary. But I know -- I lived in New York, and those that lived in New York, you know that rent control in New York doesn't work, you see. It was -- rent control has been -- it was made for -- to benefit people that are lower income, and what happens is that people receive money under the table, you see, and then they declare that they are receiving a check for -- Vice Chair Russell: Thank you. Mr. Chairman? Commissioner Reyes: -- whatever the rent control says. You see, we have to have a mechanism to control that. Vice Chair Russell: I agree. Commissioner Reyes: And I -- Vice Chair Russell: And I'm glad to co-sponsor that future legislation with you. I'd like to know, because we have three or four projects that have come through over the City of Miami Page 76 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 last two years that have applied, and we've sort of ad hoc put this together for them. They fought, kicked, and screamed, but finally came to the table, and it's working for them. They're -- most of them are sold out and rented out; one of the two. I'd like to know if we do have a mechanism in place for these particular developments that have already been approved for their up-zoning, that got the inclusionary concept, how are we monitoring them and --? Well, for now, just tell me, are we, and then please bring back -- Commissioner Reyes: I want to add to that that we -- first of all, we have to have an inventory of every single apartment that has been declared inclusionary. I mean, that once we -- they're built, we have to have inspectors. And I think that it's going to cost us, you see. That is going to cost us. That is a department, and there is going to be some people that we'll have to hire to do that, and who's going to pay for that? Okay? Who's going to pay for that? Is that going to come out of our general fund, or are we going to --? You see, I mean, who are you going to charge, Commissioner Russell? George Mensah (Director, Community Development): George Mensah -- Commissioner Reyes: Who are you going to charge? I want you all -- all of you to think about that. Mr. Mensah: -- Director of Community -- Department of Housing and Community Development. Good evening, Commissioners. I just want you to know that this initiative has been brought up a few years back. Two years ago, I had a staff person -- the Department of Community Develop -- the Department of Housing and Community Development, by itself, what we do is that because we use government funding, we are required to monitor all our projects. So this is -- so I have a staff person that monitors every project we do on an annual basis. We look at rent rolls, look at incomes to make sure that the rent that is being charged is consistent with the rent that they agreed to charge on an annual basis. So this is something that we do. Now, what we added was that when the City started doing different incomes for different projects, we had around that person whose job is to ensure that all the covenants that is done by the City and the Zoning Department comes through our department. We verify the incomes that they are using, and on an annual basis, this person will go and check, and make sure that the rents are what they promised. Commissioner Reyes: How many persons you have, sir? Mr. Mensah: Huh? Commissioner Reyes: How many people you have working that? Mr. Mensah: I have one person. Commissioner Reyes: One person? Mr. Mensah: I have one person (UNINTELLIGIBLE) doing that. Commissioner Reyes: If this program, you see, if this program is successful, you see, there are going to be hundreds of apartments, hundreds, if not thousands of apartments, and we're going to need more than one person. And besides that -- Chair Hardemon: Not today. Commissioner Reyes: -- that person that you have, you been -- you pay that from money that you receive from the Federal Government, right? City of Miami Page 77 Printed on 2/13/2019 City Commission Meeting Minutes November 15, 2018 Mr. Mensah: No. This person is being paid from the general fund. Commissioner Reyes: From general fund. Mr. Mensah: Yes. Commissioner Reyes: Well, what I wanted is a separate, I mean, department -- or whatever you can call it -- that will be in charge of constantly, constantly keep an inventory of the apartments that they have -- that participated in this program, and to go and check every single one of them, like we do with our occupational license. And besides that, we have to develop, Madam City Attorney, some sort of punishment. There's got to be consequences. Violators should be punished. Victoria Méndez (City Attorney): Right. So it could be a myriad of ways, but it would be through Code Enforcement. It would be -- Commissioner Reyes: A Code Enforcement? You have to hire more Code inspectors. Ms. Méndez: No, I know, but they could come -- based on the information that we get from CD (Community Development), we can bring it to Code, so it's -- it would work -- Commissioner Reyes: Yeah, I got you. Mr. Mensah: Actually -- Ms. Méndez: -- or injunction or fines. So all those -- Commissioner Reyes: Well, don't get me wrong. What I want is for this to work. Ms. Méndez: Yes. Commissioner Reyes: And the only way that it works is we cannot leave it to the good will of the people, because -- Chair Hardemon: Right. Commissioner Reyes: -- I mean, not everybody -- Mr. Mensah: Commissioner, we have -- Commissioner Reyes: -- is a crook, but it will happen. Two years, three years from now, it will be forgotten. Chair Hardemon: Before you respond, I'd like to ask that we give an opportunity for Commissioner Gort to say a few words. ADJOURNMENT The meeting adjourned at 11:43 p.m. City of Miami Page 78 Printed on 2/13/2019