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HomeMy WebLinkAboutCC 2019-02-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 28, 2019 9:00 AM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 28, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 28th day of February 2019, 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 Russell at 9:11 a.m., recessed at 12:03 p.m., reconvened at 2:58 p.m., recessed at 6:32 p.m., reconvened at 7.01 p.m., recessed at 11:58 p.m., reconvened at 12:01 am., and adjourned on Friday, March 1, 2019, at 12:24 a.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 9:12 a.m., Commissioner Reyes entered the Commission chambers at 9:13 a.m., and Commissioner Hardemon entered the Commission chambers at 9:25 am. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning. Good morning, Miami. How are you? Welcome to the February 28, 2019 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, the Vice Chair; and myself, Ken Russell, Chairman. Also on the dais are Emilio Gonzalez, City Manager; Victoria Mendez; the City Attorney; and Todd Hannon, City Clerk. The meeting will be opened with a prayer by Commissioner Gort. Vice Chair Gort: Morning. Can we all stand, please. Invocation delivered. Chair Russell: And the pledge of allegiance. Pledge of allegiance delivered. Chair Russell: Thank you very much. PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page I Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 5530 Honoree Presenter Protocol Item Allapattah Problem Solving Team Mayor Suarez and Certificates of Vice Chair Gort Appreciation Special Investigation Section Mayor Francis Suarez Proclamation Narcotics Unit Mr. Garth C. Reeves Mayor Francis Suarez Birthday Proclamation D2 NET Office Teams Mayor Francis Suarez Certificates of and Chairman Russell Appreciation MLK Day Parade Mayor Francis Suarez Certificates of Celebration Team and Chairman Russell Appreciation The Friendship Circle Mayor Francis Suarez Salute of Miami and Commissioner Reyes The Little Haiti Beautification Mayor Suarez and Certificates of Project Artists Commissioner Hardemon Appreciation Healthiest Cities and Aetna Foundation Check Counties Challenge Presentation RESULT: PRESENTED 1) Mayor Suarez and Vice Chair Gort presented Certificates of Appreciation to members of the Miami Police Department's Allapattah Problem Solving Team for their contribution, professionalism and dedication in serving the residents of the City of Miami; specifically, for their contribution during the months of December 2018 and January 2019 to address Part -I crimes, such as vehicle theft and robberies. The elected leadership of the City of Miami honored and commended the officers and paid highest tribute to them. 2) Mayor Suarez presented a Proclamation to the City of Miami's Special Investigations Section Narcotics Unit in recognition of the unit's many accomplishments and community contributions in identifying and dismantling mid and upper-level narcotics organizations that operate within the City of Miami; furthermore, proclaiming Thursday, February 28, 2019 as "Special Investigations Section Narcotics Unit Day" in the City of Miami. 3) Mayor Suarez presented a Birthday Proclamation to Garth C. Reeves on the occasion of his 100th birthday and recognized him as a distinguished reporter, editor, publisher, banker, entrepreneur, community activist and dedicated community leader who committed one of the most selfless acts and served during World War II as a member of the 372nd Infantry Regiment and first African - City of Miami Page 2 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 American male to serve on the Greater Miami Chamber of Commerce, the South Florida Council of Boy Scouts, and United Way as well as the first African-American trustee of Miami -Dade Community College and Barry University. The elected leadership of the City of Miami paused in their deliberations of governance to wish Mr. Reeves a happy 100`i' birthday and much continued success. 4) Mayor Suarez and Chair Russell presented Certificates of Appreciation to the District 2 Neighborhood Enhancement Team (NET) Office teams for diligently serving the residents of the City of Miami; furthermore recognizing that their service has created a profound impact in the lives of many residents and improvement in our communities. 5) Mayor Suarez and Chair Russell presented Certificates of Appreciation to the Martin Luther King (MLK) Day Parade Celebration Team as an expression of gratitude and to honor participants for their hard work and dedication to ensure a successful 25' Annual Rev. Dr. Martin Luther King, Jr. Celebration, "Reflection of a Dream. " 6) Mayor Suarez and Commissioner Reyes presented a Salute to The Friendship Circle of Miami, a community-based 501(c)(3) organization, founded in 2004, that offers friendship and life skills to individuals with disabilities and has served more than 140 children, teens and young adults with special needs. Elected leadership of the City of Miami paused in their deliberations to honor the organization and support their 10`x' Annual Walk A -Thou which will be held on Sunday, March 10, 2019. 7) Mayor Suarez and Commissioner Hardemon presented Certificates of Appreciation to Little Haiti Beautification Project artists and paid highest tribute to them for their contribution to the Little Haiti Beautification Project and for their establishment of deep roots in the Little Haiti community, which is reflected through their vibrant paintings that will inspire countless artists to pursue their dreams. 8) Check presentation by Aetna Foundation in the amount of $50,000 to the City of Miami's Department of Human Services in recognition of the nationwide Healthiest Cities & Counties Challenge, particularly for its work on the "Live Healthy Little Havana" initiative. National recognition, through grants and prizes, to the City's Department of Human Services allows for the continuation of their work to improve healthy outcomes for Miamians. Chair Russell: We'll now make the presentations and proclamations. Presentations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Regular Meeting - Nov 15, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City of Miami Page 3 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 AM.2 City Commission - Planning and Zoning - Nov 15, 2018 2:00 PM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Can I get an approval of the minutes of November 15 -- Commissioner Reyes: Move it. Chair Russell: --for the regular meeting and the Planning and Zoning? Vice Chair Gort: Second. Chair Russell: It's been moved by Commissioner Reyes; seconded by Commissioner Gort. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Chair Russell: Well, that was very nice to honor those in our community. We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office and online on wwwmunicode. com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode. com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public must state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this City of Miami Page 4 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled meeting, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are either being withdrawn, deferred, or substituted. Thank you. Chair Russell: Please hold until we have quorum, so that we can -- not have to repeat ourselves. Let's take care of some business that we can do without quorum. Is Chris Rose available? Mayor Francis Suarez: Mr. Chair, would you like me to --? Chair Russell: If you 'd like -- Mayor Suarez: Sure. Chair Russell: -- absolutely, Mr. Mayor. Emilio T. Gonzalez (City Manager): It's a quorum now. Mayor Suarez: That's fine. Thank you. Okay, great. Go ahead, since you have a quorum. Chair Russell: We have our quorum, so if you want, we'll step back to order of the day. Anything -- any withdrawals or --? Mr. Gonzalez: Thank you, sir. Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: Regular Items PH.3. That's PH.3 -- I'm sorry; correction -- PH.2; PH.2, to be deferred to March 14. That's PH 2, to be deferred to March 14; RE.1, to be deferred; RE.1, to be deferred, DI. 1, DI. 1, to be deferred to March 14, as well. That's DI 1. And DI 4, to be withdrawn. Ifyou'd like, I can go through those again, sir. Chair Russell: One more time, please. Mr. Gonzalez: Yes, sir. PH. 2, to be deferred to March 14; RE.], to be deferred; DI.1, to be deferred to March 14; DL4, to be withdrawn. That's all I have, sir. Todd B. Hannon (City Clerk): Excuse me, Chair. Mr. Manager, for RE. 1, is that to be deferred? Mr. Gonzalez: Yes. Yes, sir. Mr. Hannon: Thank you. City of Miami Page 5 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you. From the dais, are there any items to be deferred or withdrawn? Commissioner Reyes: Yes, Mr. Chair. PZ (Planning and Zoning) -- which one? Chair Russell: PZ items we can discuss, but we cannot take official action until 2 p.m. Commissioner Reyes: Yeah. It is -- Mayor Suarez: You can announce to the public. Commissioner Reyes: Who wants to defer it? I mean, D1.4 -- Chair Russell: Yes. Commissioner Reyes: -- are you going to defer that? Chair Russell: It was withdrawn. Mr. Gonzalez: Commissioner, we're going to withdraw that. Commissioner Reyes: You're going to withdraw, but that was a direction from me -- I mean, from the Commission. Vice Chair Gort: Yeah. Mr. Gonzalez: Sir, but I'm -- exactly. Commissioner Reyes: I think that we need to have discussion on it. Chair Russell: If I can clarify. I believe that comes up under RE. 4. Mr. Gonzalez: Sir -- Chair Russell: We could actually take up that discussion together. Mr. Gonzalez: -- the reason we didn't want to put it on their twice is we're going to discuss it anyway today under the resolutions. Commissioner Reyes: Okay, that's fine. Mr. Gonzalez: Yes, sir. Commissioner Reyes: Okay. I just want to make sure that we're going to touch that subject. Mr. Gonzalez: Absolutely. Commissioner Reyes: Okay. Chair Russell: Are there any items from the Commissioners? Commissioner Reyes: The PZs, we do it later, right? Chair Russell: Yes. We'll announce those at 2. Seeing not -- any other, is there a motion to approve these items for deferral or withdrawal? City of Miami Page 6 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Vice Chair Gort: Move it. Commissioner Reyes: Second. Chair Russell: It's been moved and seconded. All in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEMS) Mayor Francis Suarez: RE2 is a resolution with FDOT (Florida Department of Transportation) to collaborate in development and coordination of the I-395 Heritage Trail/Signature Bridge Underdeck Project. All world-class cities pride themselves on creating and improving public spaces, and as Mayor, my ultimate goal is to always find ways to improve our residents' quality of life. Lost my place; sorry about that. Chair Russell: But you're in favor of RE2 with the FDOT -- Mayor Suarez: That's right. Chair Russell: -- I-395 Project? Mayor Suarez: Not only does this area offer the best in entertainment, arts, and cultural venues, like the Americans Airlines Arena, the Adrienne Arsht Center, and Perez Art Museum, but it also serves as a gateway to Miami from Miami Beach, as well as to the Port of Miami. There is no better place in our City for a signature project like this one that, from below, activates a dormant space, and from above, creates a beautiful bridge design that is sure to become a Miami landmark. What it creates is something very special. It turns what is essentially a standard overpass and transforms it into a distinctive, illuminated passway -- passageway in and out of our City, which also connects to Maurice Ferre Park and Overtown. But the true impact of this project lies from below, in the activation of a heritage trail. Not only will it provide our residents with an accessible and exciting public space, but it will also draw activity and exposure to the underpass, enhancing quality of life by attracting business and promoting safety for all those who live and visit this area of downtown Miami. Speaking of downtown Miami, a world publicized issue there that affects the quality of life of all Miamians is homelessness. For that reason, I am thankful for the ruling announced earlier this month to end the Pottinger agreement. As plaintiff witness and renowned Judge Steve Leifman said, "Miami has become the best city in the country in dealing with the homeless. " Miami offers some of the very best resources available for the homeless, including Camillus House, Lotus House, the Miami -Dade Homeless Trust, Medical Services at UM's (University of Miami) Idea Exchange, as well as work of Judge Leifman, who has established a mental health component to our courts. It is fulfilling to know that our efforts over the last 20 years to reduce homelessness are not being overlooked. I don't look at this from the perspective of what we can do in terms of arresting and policing; rather, this is about what we can do holistically and humanely to lend a helping hand to those who need it most. As a city, we are grateful to Pottinger for bringing the conversation of homelessness to the forefront, prompting us to act with compassion and helping us to get where we are today. As downtown continues to blossom as one of the next up - City of Miami Page 7 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 and -coming neighborhoods, it is our duty to guarantee the safety and peace of our children, adults, and business owners. We are more committed and motivated than ever to harness this approach, which we have worked to refine over the years in dealing with our homeless population humanely, as we set the example for homeless reduction and services nationwide. I want to thank the Commission for co- sponsoring -- all of us sponsoring this resolution. I want to thank our City Attorney. I want to thank our Administration. I want to thank all those who worked together to put forth a very compelling reason, and I want to thank the Federal judge who made the decision and highlighted all the compassionate things that we are doing for the least of our brothers and sisters. CA.4 is a resolution authorizing the City Manager to execute an MOU (Memorandum of Understanding) by and between the Public Health Trust of Miami -Dade, which operates, maintains, and governs Jackson Memorial Hospital and other designated facilities. Of course, we could not achieve a high quality of life for our residents without proper health care. And when it comes to that, Jackson Memorial is up there with the very best. Jackson is one of the most important public health institutions in not only our community, but in the entire country. As the third largest public hospital in the United States, with more than 1,550 beds, Jackson continues to fulfill its mission to provide world-class care to residents, regardless of their ability to pay. Their commitment to indigent care demonstrates their investment in a high quality of life for all, but it starts with leadership. Before former City Manager Carlos Migoya took over as president and CEO (Chief Executive Officer) of Jackson, the hospital was operating in the red. Now, thanks to his transformative efforts and that of his team, Jackson continues to operate with a surplus; one that is always under attack, I might add. Vice Chair Gort: I might have some questions on that one. Mayor Suarez: Sure. As Mayor, I am proud to have such an esteemed health care facility as part of our city, and look forward to seeing them continue to thrive and change lives for generations to come. Thank you. Thank you, Mr. Chair. Chair Russell: Thank you, Mr. Mayor. Is there anyone who'd like to pull any item from the consent agenda? Seeing none, let's open for public comment on the morning's agenda, please. If you are here to speak on non -Planning and Zoning items, anything at the front of our agenda -- that includes the consent agenda, the public hearing items, and the resolutions -- please approach either lectern; state your name, you may state your address, if you'd like; let us know which item you're speaking on, and we'll be glad to hear from you for two minutes. Thank you very much, and please. Kelly Cox: Thank you. My name is Kelly Cox. My address is 2103 Coral Way. Good morning, Commissioners. Thank you so much for the opportunity to speak today. I would like to speak in favor of Resolution Number 3, the ban on glyphosate. I represent Miami Waterkeeper as the general counsel. Miami Waterkeeper is a local nonprofit, dedicated to defending and protecting South Florida's waterways. This resolution would ban glyphosate, which is a problematic herbicide, from public spaces and City -owned property in Miami. Glyphosate is harmful. It's often applied in excess. And these chemicals, contained in the weed killers, can run off into our waterways and persist for months at a time. Those chemicals impact our coral reefs, our seagrasses, and other marine communities, which is extremely problematic for the health of our bay and our waterways, upon which this community depends. Miami -Dade County is currently experiencing a totally unprecedented seagrass die -off near the Julia Tuttle basin, and scientists currently believe that chemicals and nutrients from City of Miami Page 8 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 storm water runoff may be contributing to this decline. The City, up until today, has been applying 5,000 gallons of this harmful herbicide to City property each year, and abating this practice would be a really great first step to addressing pollution in our waterways, as well as the public's exposure to the extremely harmful, toxic, carcinogenic substance. We encourage this Commission to take this step and to continue their leadership in improving water quality in our region by taking the next step in implementing a more robust fertilizer ordinance that would address things like nutrient pollution and storm water runoff into our waterways. Thank you very much for the opportunity to comment. Chair Russell: Thank you for your comments. Sir. Gary Johnson: Good morning, Chairman. My name is Reverend Gary Johnson, The President of the Southern Christian Leadership Conference, where our president, who started this organization, has been Dr. Martin Luther King. I was here to deal with a specific issue, but because it is Black History Month, I wanted to first commend the Mayor on doing exactly what - - the Commission, as well -- bringing crime down in the City of Miami. I commend you on -- and the Police Department for the work that you've done, but also, I wanted to commend Chairman, Mr. Gore [sic]. He didn't know this, but I have a cousin that was recently in the hospital, and a dear friend by the name of Gerald Muhammad, who passed away a few months ago in Jackson. He got the best health care, the best care from Jackson Hospital, and -- but God had seen fit to bring him home, but I want to just thank him publicly for the service that Jackson did provide. But on a good note, my cousin was also headed towards his death bed, but Jackson saved him. He's doing very well. He's back to work. So I wanted to commend Mr. Goya on this day, on a Black History Month, to say, "Well" -- 'job well done, " and to Commission, thank you for what you're doing; and to my Commissioner, Keon Hardemon, for all the work he's been doing throughout Dade County, and what he's done through the City of Miami. I just wanted to encourage all of you to continue to do the right thing. I will be here again to address an issue that's very disturbing to me, but I think the time is not right now. I am here with one of my board members. There's about 8, 000 members in Dade County with SCLC (Southern Christian Leadership Conference) and several others, but I wanted to let this board know, thank you for the job that you're doing. God continue to knit your hearts together, and the great leadership of our Mayor. And may God bless you on Black History Month, but more importantly, as Godfrey says, that silence is no option for us. I close with this: Earlier today, Commissioner -- Chairman, two days ago, there was a group of young people at IHOP (International House of Pancakes), and one of the waiters told them they had to pay before they ate. And as I sat there, it disturbed me that she asked these kids to pay before they ate, and I asked her to speak to her. And I said, "Well, why are you making them pay before they eat?" And she said, "Because they" -- "Well, kids came in here before and ran out. " I said, `But these kids, you can't assign that blame on these kids. " And she apologized. I said, `Is there a policy to do that?" And she said, "No. " Well -- I said, "Well, you need to apologize, and you need to rectify that problem. " And she did. But you know something, Chairman? Not one of those kids was African American. So for me to be silence [sic] on any issue, no matter who it is and where it is, is a disjustice [sic] for what Dr. City of Miami Page 9 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 King did for us in a organization where they're going to continue to fight for. So I wanted to commend this board and the Mayor and the leadership; job well done. Keep up the good work, and we're here to support you. And may God bless you. Chair Russell: Thank you very much. Alana Greer: Good morning. Alana Greer, 2462 Southwest 20th Street. I just wanted to touch on two issues today. One, in the last Commission meeting, the issue around Code Enforcement and the -- I was really disturbed by the conversation, frankly, and I just wanted to voice my support, first, for the appointment of Adele Valencia. I had the privilege of getting to know her through Miami Fellows, and later in her role in the County, and have been eminently impressed with the way -- the innovative way that she has approached problems, dealt with -- in my professional life, dealt with clients of ours, and brought issues together to solve problems. I'm just really excited for her role here in the County on this really important issue. Code Enforcement has a huge impact on our neighborhoods. And I really just hope that the conversation we have here at the City can be elevated and be respectful and really be putting faith in some of these leaders that we have coming up, because I think it's a wonderful addition to the City. And secondly, I just wanted to voice some of my concern with the Pottinger decision. My career before going to law school, I worked in San Francisco in a city where they aggressively arrest folks for things like sleeping outside and doing that. And what I saw day in and day out was individuals who could not access drug rehab programs, who could not access housing, because they had a ticket for sleeping outside when there was nowhere to go, and it cost the City a crazy amount of money. And so, I'd love -- I really hope that we're thinking holistically, as the Mayor said, and really thinking about how not to replicate those same problems, and I'd be happy to share any of the resources we learned, from those lessons to do that. Chair Russell: Thank you very much -- Ms. Greer: Thank you. Chair Russell: --for your comments. Mr. Aguirre. Horacio Stuart Aguirre: Chairman Russell, good morning. Horacio Stuart Aguirre, as Chairman of the Miami River Commission. Sir, I'm here to address an item that is properly labeled PZ. 12. Can it be heard now, or would you rather later in the afternoon? Chair Russell: You can make your comments now. It's fine. Mr. Stuart Aguirre: All right. Thank you, sir. I'll be very brief. The Miami River Commission has heard PZ. 12 twice in the past three months. This is the ordinance that is presented by the City of Miami and Administration, and it's the idea of raising existing structures or new structures as high as five feet above the existing flood plain, so as to make these properties flood - proof, if you will, or above flood tide. The Miami River Commission strongly supports and endorses this recommendation. We applaud the City City of Miami Page 10 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Administration for producing this fine Legislature [sic]. It is long overdue. Let's make it an option now. I'd like to tell you a brief story, and it'll only be 15 more seconds. On September 10 of 2017, my house flooded during Hurricane Irma. We had 17 inches of water on the floor of my house. And you're thinking, "Well, Horacio, you live on waterfront property, on the Miami River. " You know where the water came from? It came from a storm drain in front of the house on the swale. When I went to cover it up, the spout was about up to my waste. Later on, it merged with the river, and our house was an island in the middle of a puddle of water that was about five city blocks in diameter. We have a serious problem. The time to talk and study is long over; let's take action. Thank you for your time, sir. Chair Russell: Thank you, Horacio. Good morning. Monique Paul: Good morning. My name is Monique, and my address is 2103 Coral Way, Miami, Florida 33145, and I'm an intern from Miami Waterkeeper; also speaking on Resolution Number 3. Glyphosate is the active ingredient in commercial herbicides, like Roundup, and it's applied to plants to kill weeds. And storm water runoff generated from rain picks up chemicals like herbicides and fertilizers and then deposits them in the nearest body of water, thus degrading water quality and polluting it. The addition of glyphosate and fertilizer to water bodies can degrade water quality and cause harm to marine life and contribute to the death of seagrass beds, which is a critically important habitat, as well as this: The International Agency for Research on Cancer has classified glyphosate as probably carcinogenic to humans, so -- and it can also be toxic in fish. The changes in plant communities can indirectly affect birds and small mammals that rely on those plants for food and shelter. And several cities and towns across the United States have banned the use of glyphosate because of its carcinogenic nature, and the City of Miami Beach has recently passed a resolution banning the use of glyphosate on City -owned lands. And I believe, in the City of Miami last year; we used 5, 000 gallons of Roundup. So I believe that the City of Miami is currently doing an excellent job to combat water quality issues from runoff pollution and harmful algal blooms. So passing this resolution would be beneficial to public health, as well as water quality in Biscayne Bay. Chair Russell: Thank you very much for your comments. Sir. Frank Pichel: Good morning. Frank Pichel. I think everybody knows my address. I'm here because I have a letter from the Department of Homeland Security/Transportation Security Administration. It's dated February 20, 2019, and it's addressed to Commissioner Wifredo Gort. "Dear Commissioner Gort: For over 30 days in December and January, Miami's Transportation Security Administration, TSA, employees were directly impacted by the partial government shutdown. All employees missed two paychecks and faced significant financial impacts. Although our airport stockholders and partners organized organizations in Southeast Florida, and the passengers traveling through Miami stepped up and provided sincere encouragement and support that greatly eased the stress of working without a paycheck, the City of Miami's encouragement and food donation to our workforce were incredibly helpful to the men and women of TSA Miami. City of Miami Page 11 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Your assistance helped ease the personal anxiety of our workforce, showed them that the City of Miami appreciated their service to the community, and helped them focus on safety, performing their jobs to ensure the security of our traveling public. " Mr. Gort -- Commissioner Gort, you're a hero. On that day, we fed 400 people, 400 employees of the Federal Government, forgetting about who works where, because South Florida is our community, and cities and counties do not have any boundaries when it comes to public safety and the appreciation of our workforce. Thank you, Commissioner. Vice Chair Gort: Thank you, Frank Pichel. But you had a lot to do with it, so this letter is for you too. Chair Russell: It was a very proactive gesture. Thank you, Commissioner. Thank you, Vice Chairman. Jacqueline Halpern: Good morning. My name is Jacqueline Halpern. My address is 2103 Coral Way. I'm a legal intern at Miami Waterkeeper, which is a local nonprofit to support protecting our waterways. I echo the sentiments of Kelly and Monique to support the adoption of the drafted ordinance, banning the use -- or restricting the use of an application of this herbicide on local City -owned property. Glyphosate, through storm water runoff, contributes to nutrient pollution, which, in turn, contributes to algal blooms that we're seeing, so they're important impacts on our economy and tourism. And because it's probably carcinogenic, as labeled by an organization affiliated with the health organization, and because it degrades aquatic environments, it's really important to improve our water quality and protect public health through restriction of this herbicide. There are viable alternatives, and we hope to lower the risks of the leaching and runoff into our environment, and we want to make every effort to apply this toxic compound more judiciously. Thank you for the opportunity to speak. Chair Russell: Thank you. Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. I just want to add my voice to the chorus, both on the last two items; both on the TSA with Commissioner Gort and on this item. I'd like to be a co-sponsor with you on -- since I can't vote; the only thing I can do is sponsor, so I'd like to be a co-sponsor with you on this item. Thank you. Chair Russell: Thank you, Mr. Mayor. Miguel De Grandy: Good morning, Mr. Chairman and Commissioners. My name is Miguel De Grandy. My address is 701 Brickell Avenue. I'm here representing Biscayne Marine Partners and here to speak on Item DI.2, regarding the Virginia Key Marina Project. Now, as you know, we had provided all of you with information and documents based on our investigation, which shows that the recommended proposer's main contractors for the wet side of the marina and the dry stack systems are: One, a company convicted in January of this year in Federal Court for the felony of defrauding the United States Coast Guard to cover up potential damage to environmentally sensitive coral reefs, and is in the process of being debarred by FDOT (Florida Department of Transportation) and City of Miami Page 12 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Florida's Department of Management Services. Two, a phantom company that doesn't legally exist, has no discernable office or place of business, has a multimillion dollar judgment against it, was accused in that same lawsuit of being a sham entity, has been accused by a City Attorney of civil theft in an official default notice, is being evicted from their headquarters, because they haven't paid their rent, and is on the brink of bankruptcy. And three, an affiliate of that company, who, according to the contractor who developed Port Marina in Broward, misrepresented their involvement in that project. Now, together, these companies comprise over 50 percent of this $80 million development, and to our knowledge, Virginia Key, LLC (Limited Liability Company) never brought these material issues to the City's attention, although they clearly had an obligation to do so. And so, we look forward to your discussion of these issues, and at the appropriate time, we would be happy to make a full presentation of the documents and evidence we have uncovered to date. And I thank for your time. Chair Russell: With 15 seconds to spare, well done. Thank you, Mr. De Grandy. Andrew Carter: Hi. My name is Andrew Carter. I live at 2508 Southwest 19th Terrace. I'm a Research Director at Miami Waterkeeper. I'm a scientist and an attorney, and I'd like to make a scientific and legal arguments in favor of Resolution Number 3. I join with my colleagues from Miami Waterkeeper in pushing for the City to restrict the use of glyphosate. The scienti -- the weight of scientific evidence is increasingly behind the argument that glyphosate is carcinogenic. A recent paper found a 41 percent increased risk of developing cancers, non-Hodgkin's lymphoma. That's just from this year. On the legal side, there's been over 10, 000 lawsuits filed against the manufacturer of Roundup. There was a -- verdicts last year for -- that ended up being $79 million in favor of a victim, someone who got cancer and who was exposed to Roundup. So I think there's also liability issues that --for the City that support passing this resolution. Thank you for your time. Chair Russell: Thank you very much. Vice Chair Gort: (UNINTELLIGIBLE) I don't think we use it anymore. (UNINTELLIGIBLE). Mr. Carter: Correct. Carter McDowell: Good morning. For the record, my name is Carter McDowell. We -- I represent Virginia Key, LLC. I hadn't intended to speak to you this morning under this and to wait for the discussion, but the statements made by counsel representing BMP (Biscayne Marine Partners) are simply just not true. They're misleading. They're factually incorrect. Neither of those parties are principals of Virginia Key, LLC. And just to give you an idea of how absurd it is, Technomarine was part of our first response four years ago. They're not even part of our response this time. So they've raised this huge issue about an entity that's not even part of our response. We look forward to the discussion item, and we'll fill you in on more details at that time. We don't need to take anymore of your time. Thank you. City of Miami Page 13 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you very much. Luis Herrera: Good morning. My name is Luis Herrera. I live at 1181 Southwest 22nd Terrace. I'm the President of Vizcaya Homeowner Association. I come down here to PZ 11. I'm against it, because we are -- the neighbor, we have some problem -- the neighbor, we have some problem with the parking and that particular thing that you put in PZ.I1. They going to be worse for us to park in front of our own house. Right now, if you -- give you good example. Right here in the City of Miami, when we come down here, we don't have no parking to park here, so we have to be paid parking. We allowed to come down here in City Hall; we're not paid for the parking. So they got parking lot authority to collecting money for the City, and that's wrong. The parking lot should be in places that they need it, not in the neighborhood. So I'm against the PZ. I1. Thank you. Chair Russell: Thank you very much, sir. Mr. Herrera: And one more thing. Chair Russell: Yes, sir. Mr. Herrera: At what time are you going to be hearing that meeting, about - -after 12 o'clock or 2 o'clock? Chair Russell: Commissioner Reyes. Mr. Herrera: PZ. IL Commissioner Reyes: This has been indefinitely withdrawn. Vice Chair Gort: Say it again. Commissioner Reyes: I mean, the PZ. 11 have been deferred indefinitely. Chair Russell: It will be, is what you're saying. Commissioner Reyes: It will be. It will be. Chair Russell: Okay. Commissioner Reyes: So you don't have to come back, okay? Chair Russell: So -- Commissioner Reyes: Okay. Chair Russell: Commission Reyes is expressing that his intention will be to defer the item indefinitely. Commissioner Reyes: It's going to be deferred indefinitely, until -- Mr. Herrera: It's going to be deferred? City of Miami Page 14 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Right. Commissioner Reyes: -- everybody -- all the neighbors and everybody get together, and it is further investigated, further analyzed, and with the participation and the input of all the neighbors. Mr. Herrera: Okay. Wow. Commissioner Reyes: Okay? Mr. Herrera: You know my position right now. Commissioner Reyes: Yes. I mean, but I want to know other people's position, too. Mr. Herrera: Okay. Commissioner Reyes: I know yours -- Mr. Herrera: Thank you. Commissioner Reyes: --and thank you very much for expressing it. Mr. Herrera: Thank you. Thank you very much. Chair Russell: Thank you, sir. So, procedurally, we'll be taking a vote on the deferral. Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Sir, just one moment. Commissioner Reyes: Okay. It's going to be deferred, so you don't have to be coming back -- Chair Russell: Please, gentlemen, one at a time. Commissioner Reyes: Okay. Mr. Herrera: Thank you, sir. Commissioner Reyes: Okay. Chair Russell: So procedurally, it'll be taken up as a vote for deferral at 2 p. in. Commissioner Reyes: That's right. Chair Russell: Correct. And Commissioner Reyes has been clear about his intention on that vote, so thank you. City of Miami Page 15 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: Sure. Chair Russell: Any further public comment? Seeing none, Ill close the public comment. MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Russell: And I'd like to give the floor to our Mayor, please. Mayor Francis Suarez: Thank you, Mr. Chair. There are no mayoral vetoes. END OF MAYORAL VETOES City of Miami Page 16 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo CA.1 RESOLUTION 5398 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE ASSIGNMENT OF INVITATION FOR BID ("IFB") NO. 516388, Procurement FROM SIGNAL TECHNOLOGY ENTERPRISE, INC. ("SIGNAL TECHNOLOGY") TO PUBLIC SAFETY SUPPLY, LLC ("PSS"), FOR THE PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT; THE CITY MANAGER IS AUTHORIZED TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PSS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL, HAVING BEEN PREVIOUSLY MADE, AS LONG AS THE SAME TREATMENT IS AFFORDED TO ANY OTHER SUPPLIERS, INCLUDED IN RESOLUTION NO. 16-0009, IF THEIR CONTRACTS ARE AMENDED, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0074 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " Citv ofMiami Page 17 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 CA.2 RESOLUTION 5397 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Risk ATTACHMENT(S), AUTHORIZING THE ACCESSING OF CITY OF Management FORT LAUDERDALE ("FT. LAUDERDALE") CONTRACT NO. 12067-585 FOR PROPERTY & CASUALTY INSURANCE BROKERAGE & CONSULTING SERVICES ("BROKERAGE SERVICES"), FOR THE RISK MANAGEMENT DEPARTMENT ("RISK"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH RISK MANAGEMENT ASSOCIATES, INC. D/B/A PUBLIC RISK INSURANCE AGENCY, WHICH WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; SUBJECT TO ANY RENEWALS, EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY FT. LAUDERDALE; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF RISK, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0075 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " Citv ofMiami Page 18 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 CA.3 RESOLUTION 5420 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Risk AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND Management ON BEHALF OF DALUCIA NORDELUS-LUBIN AND HER Resilience and COUNSEL, SUBJECT TO THE CONDITIONS IMPOSED BY Public Works CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $114,000.00, INCLUSIVE OF COSTS AND ATTORNEY'S FEES AS FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $113,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0076 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " CAA RESOLUTION 5421 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Department of EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") BY Resilience and AND BETWEEN THE PUBLIC HEALTH TRUST OF MIAMI-DADE Public Works COUNTY, FLORIDA, AN AGENCY AND INSTRUMENTALITY OF MIAMI-DADE COUNTY, WHICH OPERATES, MAINTAINS AND GOVERNS JACKSON MEMORIAL HOSPITAL AND OTHER DESIGNATED FACILITIES AND THE CITY OF MIAMI. ENACTMENT NUMBER: R-19-0077 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "Order of the Day," "Public Comment Period for Regular Item(s)," and "End of Consent Agenda. " END OF CONSENT AGENDA Chair Russell: And we will take up the consent agenda. Vice Chair Gort: Move it. Chair Russell: The consent agenda has been moved by Commissioner Gort -- Commissioner Reyes: Second. Citv ofMiami Page 19 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: -- seconded by Commissioner Reyes. Is there any comment from the dais? Seeing none, all in favor, say "aye. " Vice Chair Gort: Aye. Chair Russell: Come on, guys, we can do this. I can see a lot more -- bring more coffee. Another round. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Vice Chair Gort: Great speech, Migoya. Chair Russell: Motion passes. Vice Chair Gort: Great presentation. Chair Russell: Thank you very much. Thank you very much. Commissioner Reyes: Mr. Migoya. Chair Russell: That is CA.1, 2, 3, and 4. City of Miami Page 20 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 PH - PUBLIC HEARINGS PHA RESOLUTION 5427 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Department of THE CHANGE IN SERVICES PROVIDED BY MULTI-ETHNIC Housing and YOUTH GROUP ASSOCIATION, INC., A FLORIDA NOT FOR Community PROFIT CORPORATION, FROM ELDERLY MEALS TO YOUTH Development SERVICES IN THE PUBLIC SERVICE CATEGORY FOR FISCAL YEAR 2018-2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0078 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: I'd like to take up -- we deferred Item PK 2, so I would like to take up PH. 1, 3, 4, 5, and 6, please. Is there a motion on PMs.1, 3, 4, 5, and 6? Commissioner Mardemon: So moved. Chair Russell: It's been moved by Commissioner Mardemon -- Vice Chair Gort: Second. Chair Russell: -- seconded by Commissioner Gort. Any discussion on the dais? All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That's PK 1, 3, 4, 5, and 6. Commissioner Reyes: 1, 3, 4, 5 -- City of Miami Page 21 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 PH.2 RESOLUTION 5428 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Housing and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Community APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, "B," Development ATTACHED AND INCORPORATED AS ATTACHMENT THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH AFFORDABLE/WORKFORCE RENTAL HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY OWNED PARCELS OF LAND LOCATED AT 1305, 1321, 1331, 1341, 1361, 1320, 1370 NORTHWEST 61 STREET, MIAMI, FLORIDA, AS DESCRIBED IN "ATTACHMENT "A," ATTACHED AND INCORPORATED, TO LIBERTY RENAISSANCE APARTMENTS LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT OF AFFORDABLENVORKFORCE RENTAL HOUSING IN ACCORDANCE WITH SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PH.2 was deferred to the March 14, 2019, Regular Commission Meeting. For minutes referencing Item PH.2, please see "Order of the Day. " Citv ofMiami Page 22 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PH.3 RESOLUTION 5429 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Housing and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN Community THE AMOUNT OF $1,379,111.00 FROM THE DEPARTMENT OF Development HOUSING AND COMMUNITY DEVELOPMENT TO THE "A," AGENCIES/DEPARTMENTS SPECIFIED IN ATTACHMENT ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ALLOCATIONS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-19-0079 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PK3, please see Item PKI. PHA RESOLUTION 5430 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Housing and GRANT THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY Community REDEVELOPMENT AGENCY ("SEOPW CRA") AN EXTENSION OF Development TIME TO COMPLETE CONSTRUCTION ON THE PROPERTIES LOCATED AT 244 NORTHWEST 16TH STREET, 1900 NORTHWEST 2ND COURT, 1624 NORTHWEST 1ST COURT, AND 1611 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF AFFORDABLE HOUSING PROJECTS, CONTINGENT UPON AUTHORIZATION FROM THE BOARD OF COMMISSIONERS OF THE SEOPW CRA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0080 Citv ofMiami Page 23 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissione SECONDER: Wifredo (Willy) Gort, Commissh AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PH.4, please see Item PH.]. PH.5 RESOLUTION 5431 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE TRANSFER OF Housing and COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AYES: INCOME FUNDS IN THE AMOUNT OF $150,000.00 FROM THE Community DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Development TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE TECHNICAL ASSISTANCE AND BUSINESS DEVELOPMENT TRAINING TO SMALL BUSINESSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-19-0081 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissione SECONDER: Wifredo (Willy) Gort, Commissi AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PH.S, please see Item PH.]. PH.6 RESOLUTION 5438 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING AN ALLOCATION OF SOCIAL SERVICE GAP PROGRAM FUNDS IN THE AMOUNT OF $72,242.00 FROM Housing and ACCOUNT NO. 14010.910101.882000 TO THE MIAMI Community FOUNDATION, INC., A FLORIDA NOT FOR PROFIT Development CORPORATION, FOR ELDERLY RELIEF; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0082 Citv ofMiami Page 24 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PK 6, please see Item PH.]. END OF PUBLIC HEARINGS City of Miami Page 25 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 RE - RESOLUTIONS RE.1 RESOLUTION 5306 MAY BE DEFERRED Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING AND ACCEPTING A DONATION Management OF $800,000.00 ("FUNDS") FROM MIAMI-DADE COUNTY ABSENT: ("COUNTY') PURSUANT TO COUNTY RESOLUTION NO. 650-18 Note for the Record. Item RE.] was deferred to the March 14, 2019, Regular ADOPTED ON JULY 10, 2018 APPROVING THE ALLOCATION OF $800,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM NUMBER 220 - "ACQUIRE OR CONSTRUCT MULTI-PURPOSE FACILITIES," FOR THE PURPOSE OF RENOVATING AND EXPANDING TWO (2) EXISTING CITY OF MIAMI OWNED BUILDINGS CURRENTLY OPERATED BY SOUTHWEST SOCIAL SERVICES PROGRAMS, INC. ("LICENSEE") AS THE DR. ARMANDO BADIA SENIOR CENTER LOCATED AT 25 TAMIAMI BOULEVARD, MIAMI, FLORIDA (A/K/A FLAGAMI PARK); FURTHER AUTHORIZING THE CITY MANAGER TO DONATE THE FUNDS TO THE LICENSEE FOR THE PURPOSE OF RENOVATING AND EXPANDING THE FACILITY AND TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO AUTHORIZE THE ACCEPTANCE AND DONATION OF SAID FUNDS TO THE LICENSEE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item RE.] was deferred to the March 14, 2019, Regular Commission Meeting. For minutes referencing Item RE.], please see "Order of the Day. " Citv ofMiami Page 26 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 RE.2 RESOLUTION 5386 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Improvements EXECUTE A MEMORANDUM OF AGREEMENT ("AGREEMENT"), AYES: IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF MIAMI TO COLLABORATE IN THE DEVELOPMENT AND COORDINATION OF THE I-395 HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40 -Bl 93621, LOCATED ALONG I-395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-19-0083 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item RE.2, please see "Order of the Day. " Chair Russell: We are looking now at RE.2. This is the FDOT (Florida Department of Transportation) and I-395 Heritage Trail/Signature Bridge Underdeck Project. Is there a motion on this item? Commissioner Reyes: Hold on. (UNINTELLIGIBLE). This is about -- from the bridge? Commissioner Hardemon: So moved. Chair Russell: Yes, the Underbridge [sic]. It's been moved by Commissioner Hardemon. Commissioner Reyes: (UNINTELLIGIBLE). I have discussion on it. Chair Russell: Of course. We need a second, though, to bring it to discussion. Is there a second on the item? Vice Chair Gort: I'll second itfor discussion Chair Russell: Seconded by Commissioner Gort for discussion. Commissioner Reyes, you had some comments. Commissioner Reyes: Yes. This is where we are receiving $800 million for the bridge? Chair Russell: Mr. Manager, we're discussing the Underdeck of I-395 design and development. City of Miami Page 27 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Emilio T. Gonzalez (City Manager): Yes, sir; the 33 acres below it. Chair Russell: Commissioner Reyes has a question for you. Commissioner Reyes: We are receiving $800 million for that? Mr. Gonzalez: We are getting funding for this, sir. We need to -- this is an MOU (Memorandum of Understanding) to enter into this. There's still a lot of work to be done, moving forward. Commissioner Reyes: Yes. I mean, I have a comment, and also, I have an amendment to it. Mr. Gonzalez: Go ahead. Commissioner Reyes: My comment is, I believe -- and I'm going to be pragmatic about it -- if we could get that $800 million and use it on mass transit, and try to avoid this traffic in Miami, instead of building a bridge that we don't need. But secondly, I want to make an amendment that says, "The City acknowledges that neither property affected by the agreement nor the Underdeck Enhancement will be utilized to offset any loss of parkland within City limits, " you see, because we're going to have a park under, right? Nzeribe Ihekwaba (Assistant City Manager/Chief of Operations): Good morning. Commissioner Reyes: We're going to have -- green space is going to be created under it. Mr. Ihekwaba: Good morning. Zerry Ihekwaba, Assistant City Manager. The green space under it is also a proposal that FDOT shares. The decision whether that will be rezoned to be a city park has not been made. Commissioner Reyes: It doesn't matter. It doesn't matter. With all due respect, Zerry, I want -- before an intention is done, I want to bring -- this is a very simple amendment. It's a very simple amendment. It says, "Whereas the City acknowledges that neither property affected by the Agreement nor the Underdeck Enhancement will be utilized to offset any loss of parkland within the City limit. " And that is my amendment. Mr. Ihekwaba: Keep in mind, though, that this property belongs to the State; it doesn't belong to the City. Commissioner Reyes: It doesn't matter, sir. I just want to make sure -- You see, everything -- I mean, I remember President Reagan would say, "Trust but verb, " okay? I want to make sure that this is not used to offset any net loss from any City park. That is -- it's my amendment. That's only the thing. I mean, it's very simple. Vice Chair Gort: A friendly amendment. Commissioner Reyes: It's a friendly amendment. Mr.Ihekwaba: Understood. Commissioner Reyes: Okay. City of Miami Page 28 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Madam City Attorney, could I get an opinion regarding the no net loss policy of parks in the City? Could such properties owned by the State be used to offset our no net loss property --policy? Victoria Mendez (City Attorney): So, I think the Planning Director would be best to discuss this, because there have been some instances where those types of park usages could be in the overall no net loss, but Francisco is here, and he can advise to that. Chair Russell: Mr. Director, what can you tell us about our no net loss policy of green space in the City? Francisco Garcia: Francisco Garcia, Planning Director. I think the most salient point is to say that in order for any land in the City of Miami to be able to be counted towards compliance for concurrence purposes, vis-a-vis, parks requirements -- so no net loss policies -- it would first and foremost have to be essentially private land, not public right-of-way. Chair Russell: To quality for the no net loss policy? Mr. Garcia: That is correct. And in addition to that, it would have to be zoned, so have a land use designation and a zoning designation of parks and recreation" or civic space in the City of Miami. The land that we are discussing at present complies with neither of those requirements. Chair Russell: This goes way back in my memory to one of my very first meetings, but if I don't -- if I recall correctly, we did utilize government land as a no net loss recovery on the Rickenbacker Causeway -- Commissioner Reyes: Yes. Chair Russell: -- if I'm not mistaken. That was City land, and we -- City -owned land that we converted to CS (civic space) to make up for a no net loss -- Mr. Garcia: Certainly. And so, to clarify, it is City -owned private land. And by 'private,"I mean it is platted, it has a folio number, et cetera. Chair Russell: That's the clarification I want. Mr. Garcia: It is privately own, but it is private land, in this case, owned by the City. So that is possible, but again -- Chair Russell: Public land, privately owned? Mr. Garcia: Precisely. Chair Russell: Okay. Mr. Garcia: Precisely. Chair Russell: Doesn't make -- I was trying to make a point that that was not clarified -- Commissioner Reyes: I don't see -- Chair Russell: -- but I do understand what you're saying. City of Miami Page 29 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: -- what is the fuss with this. This is very simple. Vice Chair Gort: A friendly amendment. That's all. Commissioner Reyes: That's a friendly amendment, you see. I mean, I am as friendly as I can be, you see. I mean, this is a friendly amendment. What -- why you're making so much fuss about it? Vice Chair Gort: The maker of the -- Chair Russell: Is there acceptance of the amendment from Commissioner Reyes? Commissioner Hardemon: I accept the friendly amendment. Vice Chair Gort: I do, too. Chair Russell: Does the seconder accept the friendly amendment? Vice Chair Gort: Sure do. Chair Russell: Thank you very much. Commissioner Hardemon: I don't want you to be hostile. I don't want him to be hostile on this, so. Commissioner Reyes: This is friendly, sir. Chair Russell: Absolutely. But you know what? I do have a lot of questions about our no net loss policy, and every time it comes up on an item in Planning and Zoning where we're looking for land to make up for land we're losing, I just feel we need better clarification and direction with regard to our policy, and I don't want anyone trying to wiggle out of their requirements and their obligations to truly recreate park space in the City of Miami; or for the City, if it's our responsibility and we're changing a zoning, whose obligation it is and such. Commissioner Reyes: Well, we -- Chair Russell: So I'm with you. Commissioner Reyes: -- need to clam in -- I mean, in our laws and regulations what really consist of net loss, if they have to be contiguous. Does it have to be -- if we lose 10 acres, we need to get 10 acres together. Chair Russell: Mr. Manager. Commissioner Reyes: You see? Mr. Gonzalez: Mr. Chairman, based on what you just said, I would offer that we could defer this, and then do a deep dive, get back to answer any questions. Commissioner Reyes: No, sir. I don't accept that. Mr. Gonzalez: All right. That's fine. Commissioner Reyes: Thankyou. Mr. Gonzalez: It was a -- City of Miami Page 30 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: I want this -- this is -- we're going to accept this $800 million, which I think, my opinion -- and I really wish the Secretary was here, because I rather have $800 million, and I think you agree with that, Mr. Mayor, to be used in our tray5ric instead of a bridge. Mayor Francis Suarez: I can think of a million other things that we can use $800 million for. Commissioner Reyes: Absolutely, but particularly on traffic. Mayor Suarez: Of course. Commissioner Reyes: You see. If it is possible, I would consider transferring it to the red line, you see, rail up north and all of that, extend the -- there's a lot of things that we could do to ease our traffic here, but that is not the case. The case is, does -- Mayor Suarez: Exactly. Commissioner Reyes: -- and I just making this friendly amendment, and that's it. And it has been accepted? Chair Russell: Yes. Thank you very much. And -- Vice Chair Gort: Call the question. Chair Russell: -- is -- there's been a motion to call the question. Is there a second to call the question? Commissioner Carollo: Could you explain that again? Chair Russell: I'm sorry; just a moment. We need a second to see if there's a calling of the question. Hearing none, I'll -- Commissioner Carollo: Okay. Chair Russell: --open for further comment. You have a comment. Commissioner Carollo: Can you explain all that again? Commissioner Reyes: Okay. This means that this project -- Commissioner Carollo: No, no. I'm teasing, Commissioner. I'll -- Commissioner Reyes: Okay. Commissioner Carollo: -- second the call on the question. Chair Russell: Clearly, we have the will to move forward with a vote. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. Todd B. Hannon (City Clerk): As amended. City of Miami Page 31 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Mendez: As amended. Chair Russell: As amended. Commissioner Reyes: As amended. Chair Russell: And to clam, the amendment had to do with the no net loss section, not the part of the money, right? Because you mentioned that a few times, but that was not in the amendment. Commissioner Reyes: But the thing is that it is not for us to decide if that money could be used for the -- because if we -- Chair Russell: It is quite restricted. Commissioner Reyes: -- could use it in -- I mean, if we're going to receive this money without the requirement that it's going to be for a bridge, or we can change it, I suggest that we change this $800 million into a better use than a bridge. Chair Russell: Thank you very much, Commissioner Reyes. Mayor Suarez: I've been advocating for that for years, but obviously didn't -- Commissioner Reyes: Well, in your position as Mayor of the City of Miami, I will request that you suggest the Secretary of Transportation that instead of using those funds as a -- in a bridge, that we can use that to extend either the Metrorail or build additional roads that will ease the flow of traffic in the City of Miami. Okay. Chair Russell: Thank you very much. RE.3 RESOLUTION 5484 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS Commissioners NECESSARY TO BAN THE USE OF HERBICIDES CONTAINING and Mayor GLYPHOSATE BY THE CITY OF MIAMI ("CITY"), INCLUDING BUT NOT LIMITED TO CITY CONTRACTORS, IN THE PERFORMANCE OF LANDSCAPING AND MAINTENANCE WORK ON ALL CITY - OWNED PROPERTIES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-19-0084 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.3, please see "Public Comment Period for Regular Item(s)." Chair Russell: Moving on to RE.3, banning the use of herbicides containing glyphosate. I'd just like to open the conversation as the sponsor, and thanking the City of Miami Page 32 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mayor for co -sponsoring this item. This really isn't my doing to sponsor this. It is really the doing of the Administration, who has already taken the action, at least in one department, to ban this use, and that's what actually brought it to my attention. Our Director of Resilience and Public Works recognized that we have 390 storm water outfalls that line our bay walk and seawall in the City of Miami, and those run directly from our streets, where our Public Works utilizes herbicides to keep the weeds out of our sidewalks and our curbs, and that does not absorb into the ground, - it goes directly into the storm water outfalls and directly into our bay. The Director of the department made the unilateral decision to stop using this chemical, and it was nearly 5, 000 gallons in one single year, and that's just one department. And so, I'm very thankful to him, but this would ensure that we have a policy within the City in all departments not to use this particular chemical. There are other herbicides out there that do not have the surfactin, such as glyphosate, that do not harm our waterways in the same way, and possibly our health. So is there a motion on the item? Vice Chair Gort: Move it. Chair Russell: It has been moved by Commissioner Reyes; seconded by Commissioner Gort. Is there any further discussion on the item? Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That is RE.3. Thank you very much. REA RESOLUTION 5510 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING Commissioners THE CITY MANAGER TO PRESENT A REPORT ON THE and Mayor CURRENT STATUS OF THE NEGOTIATIONS FOR THE PROPOSED GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI FREEDOM PARK, LLC ("MFP"), FOR APPROXIMATELY SEVENTY-THREE (73) ACRES OF CITY - OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI FLORIDA, AT THE NEXT CITY COMMISSION MEETING; FURTHER DIRECTING THE CITY MANAGER TO PRESENT ANY NEGOTIATED LEASE FOR REVIEW, CONSIDERATION, AND APPROVAL BY THE MIAMI CITY COMMISSION PRIOR TO THE NOVEMBER 2019 GENERAL MUNICIPAL ELECTIONS; FURTHER INSTRUCTING THE CITY MANAGER AND CITY ADMINISTRATION THAT NO OUTSIDE CONSULTANTS, LAW FIRMS, REAL ESTATE APPRAISAL OR BROKERAGE FIRMS, OR SIMILAR CONSULTANT SHALL BE RETAINED WITHOUT FIRST SECURING CITY COMMISSION APPROVAL IN EACH SUCH INSTANCE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.4 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. City of Miami Page 33 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 RE.5 RESOLUTION 5516 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners ESTABLISHING THE CODE ENFORCEMENT TASK FORCE FOR A and Mayor PERIOD NOT TO EXCEED SIXTY (60) DAYS PURSUANT TO SECTION 14 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 2, ARTICLE XI, DIVISION 2, SECTION 2-883 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REVIEW, RECOMMEND, AND ADVISE ON MATTERS RELATED TO THE PROCESSING, HANDLING, AND INVESTIGATING OF CODE COMPLIANCE VIOLATIONS; STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE. S was continued to the March 28, 2019, Planning and Zoning Commission Meeting. END OF RESOLUTIONS BU -BUDGET BIJA BUDGET DISCUSSION ITEM 4960 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Russell: I'm going to jump for a moment and save some of our larger and more contentious items for a little bit later. I'm going to look to BU. 1, If Chris Rose is available and ready? Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Ofl ce of Management and Budget. The report went out earlier this morning. Based on the January numbers, we areprojecting a surplus, but we are still looking at a deficit Citv ofMiami Page 34 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 next fiscal year, so I would encourage you to keep looking to the future. That's what we're going to have to keep watching together, and you can read everything that's in the report. I'll be happy to take any questions. Chair Russell: Thank you very much. Does anyone have any questions for Commissioner --for Mr. Rose? Commissioner Carollo: Yeah. Real briefly, Chris. Chair Russell: Commissioner Carollo. Commissioner Carollo: I don't want to take a lot of time up on this. Mr. Rose: I can't hear. Commissioner Carollo: I don't want to take up a lot of time on this right now, but in your best estimate, where are we at, as of today, going into the next fiscal year's budget? Mr. Rose: Sure. This year, we are looking at a surplus, and I have to put my hands on the number very quickly. Commissioner Carollo: We're about five months into the new budget. It'll be six months at the end of March. Mr. Rose: Correct. So this is based on four months of the year. Commissioner Carollo: Right, yeah. Mr. Rose: It's just the end of.7anuary -- Commissioner Carollo: Sure. Mr. Rose: -- where the books closed, and we are looking at a surplus -- a budget surplus of $39 million. Now, recall that in the labor agreements, we reached backward and took $33 million for the damages and prior year expenses. So that doesn't mean that we're going to increase our fund balance by 39. It means that we're going to increase our fund balance by the difference, the six, if we do. And we really need more than the six if we're going to keep to our own rules, which are the 5 million that we need for financial integrity principles, and we really need about 11 million for building to keep that restricted, so that we're not spending building funds on our general purpose things. So we do have a surplus going forward, but it's not all that you would expect at this point. What I'll also say that next year, in answer to your question, Commissioner, we're looking at a $14 million deficit in next year's budget. Now -- Commissioner Carollo: That's because of the six that we're carrying now, correct? Mr. Rose: That's because of a number of things. Well, whether it's the -- Commissioner Carollo: Well, we were looking at about 20 million, approximately, before. Mr. Rose: We were at 22 before, but fortunately or unfortunately, the third homestead exemption did not pass, so that was in that $22 million number. So we're still looking at a deficit next year that's based on a 7 percent property tax growth, City of Miami Page 35 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 which may or may not happen. It may be higher, it may be lower, but that's the most reasonable estimate Commissioner Carollo: Sure. Mr. Rose: -- that I can give right now. Commissioner Carollo: Which is still high, 7 percent. I mean, it's -- Mr. Rose: Our historical average has been 5.5 over the last 30 years. Commissioner Carollo: Yeah. Exactly. Mr. Rose: Yes, sir. Commissioner Reyes: Sir? Vice Chair Gort: I have a question. Chair Russell: Yes. Commissioner Reyes: Mr. Chairman? Chair Russell: Mr. Reyes -- Commissioner Reyes. Commissioner Reyes: I've seen that we are very concerned about our revenues, you see, and we are placing a lot of emphasis on how much we are going to receive, if we are not going to receive. But since the first day that I sat in this chair, I've been asking about how can we curtail our costs? And how can we become more efficient? I had numerous times requested that we analyze the processes in every single department that we have, so we can become more efficient. If we don't have the personnel to do it, which I don't think that probably we don't -- I don't know --but I am suggesting, and I'm going to keep on looking, that we hire a company that will go department by department and analyze the processes. And see, I'm not talking about firing people; I'm talking about eliminating probably positions that when they become, you see -- that they open, that -- positions that we might not need, because if -- you see, the number of employees in the City of Miami has grown substantially, and the City has not grown that much, you see. I mean -- and we --for the same level of services. And besides that, since now we have more tools for efficiency, such as computers, programs, and all of that, you see, systems for -- I mean, in the Building Department, et cetera, et cetera. I am going to be looking into the possibility of proposing legislation that will force us to go in -- I mean, into an efficiency program. Emilio T. Gonzalez (City Manager): Commissioner, if I could answer that, sir? Chair Russell: Mr. Manager. Mr. Gonzalez: I'm sorry. Mr. Chairman, may I? Chair Russell: Of course. Mr. Gonzalez: We heard you loud and clear. We have just completed the third of our strategy sessions with all of our department members, doing exactly what you just said. We want to take input from our department directors, input from our deputy directors, having them look at their own processes, telling us; they're the ones that know their departments best. And I will tell you that I will have a report back to City of Miami Page 36 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 you within 30 days on the results of those processes for your review and any comments you may have. Commissioner Reyes: I would really appreciate that, Mr. Manager, and I'm going to make sure you do it, because I have been promised, I mean, so many times, so many times that we are going to go into it. "We're doing it, we're doing it," but I haven't seen any results. Today is -- what --the 29th? Mr. Gonzalez: Today is the 28th, sir. Commissioner Reyes: The 28th. I'll see you the 28th of March. Mr. Gonzalez: Yes, sir. Done. Commissioner Reyes: Okay. Mr. Rose: Through the Chair. Chair Russell: Yes. Mr. Rose: Just two more data points for Commissioners to think about. Number one, 73 percent of our general fund budget goes toward personnel. So if there is savings to be had, it's almost assured that it's going to have to go into the personnel realm. Number two is one out of every $7 spent in the general fund is spent on pensions. And so, it might be something we could look at into the future. Commissioner Reyes: Yes. Have them do that too. Mr. Rose: But I leave that for your consideration, sirs. Commissioner Reyes: Yes. Chair Russell: Commissioner Gort. Commissioner Reyes: And we will take it into consideration too. Chair Russell: Commissioner Gort. Vice Chair Gort: Question. My understanding is, we have a surplus projected of $28 million, $29 million? Okay. Unidentified Speaker: Yes. Vice Chair Gort: When we approved the budget, the '18/19, was all the expenses and increases in salaries was included in that budget, and we still have a surplus of 29 million? Mr. Rose: Yes. Vice Chair Gort: Why? Mr. Rose: A large part of it is revenues. By State law, we budget all of our revenues at 5 percent less than what we expect them to be. Vice Chair Gort: Okay. City of Miami Page 37 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Rose: So 95 percent is the State requirement. So a lot of it ends up coming in on the revenue side, but then we end up spending it often as well, so -- Vice Chair Gort: Then we're going to be -- our budget, we're going to be variable -- we're going to have variables in our budget. You're going to be coming to us and making changes in the budget towards expenses? Mr. Rose: There will be a mid -- Vice Chair Gort: (UNINTELLIGIBLE) expenses? Mr. Rose: There will be a mid year budget amendment. We would, of course, not spend beyond the limits that the City Commission has set for us. But, yes, there will be a mid year budget amendment at the second meeting in April. Vice Chair Gort: And that 29, how much do you think it will be reduced, according to your projections? Mr. Rose: I don't know yet, sir. Vice Chair Gort: Okay. Chair Russell: Any further questions? Thankyou very much. Vice Chair Gort: Well, let me -- Mr. Gonzalez: Thankyou, Chris. Vice Chair Gort: One more, one more. Chair Russell: Oh, I apologize. Commissioner Gort. Commissioner Reyes: Thankyou, Chris. Vice Chair Gort: With the contracts that we have signed, what is going to be the increase in next budget, or will it be the same as this budget? Mr. Rose: I don't know it off the top of my ahead. I'm trying to do some quick calculations, but I -- Vice Chair Gort: Okay. If you can give me that information, I'd appreciate it. Mr. Rose: I will have it in the next month's report, written. Chair Russell: Thank you very much. Commissioner Reyes, did you have a comment or question for Mr. Rose? You're good? Commissioner Reyes: I'm good, I'm good. I'm going to wait for the report, and I'm going to go over the budget again and see what are the projections for next year and how we can become more efficient and bring some more money. Chair Russell: Very good. Commissioner Reyes: Thankyou, sir. Chair Russell: Thankyou very much. City of Miami Page 38 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Rose: Thank you, Commissioners. END OF BUDGET DI - DISCUSSION ITEM DIA DISCUSSION ITEM 5182 DISCUSSION ITEM REGARDING A NOTICE TO THE CITY MOVER: COMMISSION THAT AN AFFIDAVIT OR CERTIFICATE WILL BE Office of the City FILED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, Attorney FLORIDA REGARDING A DECLARATION OF RESTRICTIONS ABSENT: FILED AT BOOK 12000, PAGE 2469, FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, COMMONLY REFERRED TO AS "BABYLON APARTMENTS." MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item DI.1 was deferred to the March 14, 2019, Regular Commission Meeting. For minutes referencing Item DI. 1, please see "Order of the Day. " D1.2 DISCUSSION ITEM , 71:\916_10i9>;-MyEel 011WEe7_1:7911►[Hy_VN]:L1 34:7*11J0ri:ihYN_\'1► 1d Commissioners MARINE PARTNERS, LLC V. CITY OF MIAMI AND VIRGINIA KEY, and Mayor LLC RESULT: DISCUSSED Note for the Record. For directive referencing DL2, please see Item NA.1 For additional minutes referencing Item DL2, please see "Public Comment Period for Regular Item(s)," and Item NA. 1. Chair Russell: Commissioner Gort, are you ready to bring up your discussion item on Biscayne Marine Partners? Commissioner Carollo: Which item is that? Chair Russell: This is DI2, right after the budget section. Discussion Item 2. We deferred Item 1, and we're taking up Discussion Item 2, which is Biscayne Marine Partners, LLC (Limited Liability Company) versus City of Miami and Virginia Key, LLC. City of Miami Page 39 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Vice Chair Gort: Madam Attorney, I would like to know where we're at, because we usually -- every time it comes to the limit, I'm -- after they lose a battle in court, somehow, new issues come up, and we've been going at this, I think, for over two or three years, and this is the second RFP (Request for Proposals) that has been ruined because of this. I'd like to know what the procedure's going to be, what's happening, where we're at. Chair Russell: Madam City Attorney. Victoria Mendez (City Attorney): Thank you. Commissioner Gort, Commissioners, basically, right now, the Third District Court of Appeal gave the ruling. There's still time for the present lessees to ask for a rehearing. I'm not sure if they are planning to right now, but at this time, until the appeals are exhausted, I would still recommend that we continue in the status quo. Vice Chair Gort: I'm not a lawyer, so how many more appeals can it be? I mean, we've been at it for a while now. Ms. Mendez: There's only left would be one rehearing and one Florida Supreme Court, which could be expedited, if there is that request. Commissioner Reyes: Time -wise, how long will that take? Chair Russell: Commissioner Reyes. Ms. Mendez: I would -- if it's as for expedited review and since there really isn't anything to truly appeal, I would say four months. Commissioner Carollo: Well, if -- Chair Russell: Commissioner Reyes? Commissioner Carollo. Commissioner Reyes: No, I --you see, age before beauty. Chair Russell: I'm still not clear who's speaking first. Commissioner Carollo: So that means you're going? Commissioner Reyes: Go right ahead, Joe. Commissioner Carollo: Thank you. Madam City Attorney, I could understand, because it's a time limit on that, on maybe waiting for their time to expire and appealing to the Third DCA (District Court of Appeals) itself, the full court. How many days is that? I forgot. Ms. Mendez: I believe there is a little bit less than 15 days left. Commissioner Carollo: Okay. So they got about 15 days left. That, I understand, because it's in the statute, time certain. And then, if they appeal to the full court, I would imagine they would either reject it quickly, or if they do not and accept it, then it's not going to be something that's going to be for years. But once this expired and the Third DCA takes action as the full court -- because they took action, this body of three -- and as we know, when you ask for the full court to hear it after you lost, chances are not too good that you're going to win. What was the vote on this on the three-judge panel on the Court of Appeals? City of Miami Page 40 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Mendez: There -- my understanding is that there wasn't any dissent, but I'll double check. Commissioner Carollo: Okay. So it was a unanimous, 3-0 vote. When you have that kind of vote, it's going to be, I mean, the rarest of rarest, where you'll have the Court to overturn a three-judge panel; could happen, but extremely rare. Now, my biggest problem is then waiting -- if they want to file an appeal with the Supreme Court, waiting for that, because that could take forever. And once it goes that route, that the full court of the Third DCA will say, `No. " Again, I would be extremely surprised if the Supreme Court comes back with anything different, because you had your best legal minds look at this issue already at one stage, and not even three people; many more than that. So what I'm saying is that we cannot set this standard; otherwise, what we're going to do is that every time we put something for an RFP, and anybody who wants to kill it because they weren't successful, they're going to follow this, and we're never going to accomplish anything, whatsoever, in this City. Ms. Mendez: You're absolutely right. Absolutely. The problem is that in this particular situation, we entered into a settlement agreement that said, "Until all appeals" -- not other types of cases, but appeals with regard to this RFP -- "are exhausted. " So that's the only reason why I'm being conservative in our approach to address it to the Florida Supreme Court, if that's what happens, just because it would be a jurisdictional argument, and those are usually disposed of quickly, and then we would have complied with our present settlement agreement. Commissioner Carollo: And that settlement agreement was entered into when? Ms. Mendez: I want to say about seven years ago. Approximately five years ago. Commissioner Carollo: Okay. So that was way before -- Ms. Mendez: Oh, this -- Commissioner Carollo: -- I was here, yeah. Ms. Mendez: -- it has nothing to do with this Commission, correct. Commissioner Carollo: Okay. Ms. Mendez: It has nothing to do with this Commission. It was a prior Commission. Commissioner Reyes: You and I (UNINTELLIGIBLE). Ms. Mendez: So that's the only reason why -- Commissioner Carollo: I -- look, I haven't read that aspect, that part of it, so I don't want to make a statement on it until I read it. I'm surprised that we included that, because as I'm saying, this is going to set a precedent that we don't want to see, because we could be challenged on any request for proposal, and my God, we're never going to be able to get anything out. Ms. Mendez: Right. It's not your typical situation, unfortunately. Chair Russell: Thank you. Commissioner Gort. Vice Chair Gort: This is why we need to look at the contracts to make sure, because it has been in every RFP. The people that fail to get the grant, they all appeal it, because they know they're going to delay it. And let's face it, it cost money for City of Miami Page 41 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 investors, of people that putting up "A" amount of money into a bank. It cost them. So I don't know the -- we really have to look in our contracts and make sure that the attorneys recommend. No amendment should be made, and your advice is very important, but right now we got to deal with this, and I'd like to see that. My understanding is 15 days. How long would it take for the Supreme Court to take the case? Ms. Mendez: Well, you can ask Mr. De Grandy -- which I think he's around here -- what his plans are, and then maybe we can -- Chair Russell: Just a moment. Commissioner Reyes, you had a comment? Vice Chair Gort: Yes. Commissioner Reyes: Yes. I totally agree with my colleagues. I think that this is -- I mean, what we're doing, we are shooing away potential people -- I mean, potential participants in RFPs, because you're going to say what's going to happen, and we're going to be constantly in a legal battle. We have to -- Madam City Attorney, I don't know how we're going to solve this, or what conditions can we place that when an RFP is awarded, you see, that we can go immediately and assign the contract. I don't know what that happened, but I have a question, and the question arises from Mr. De Grandy, his statement, and the information that he has been -- that all of us received. Does that have any effect on the assignment of the contract to -- I mean, for the people that were awarded the RFP? Ms. Mendez: So -- and they will -- both sides will have a different take on that. Unfortunately, we just received the information. Commissioner Reyes: Oh, I believe you. I mean, you are my attorney, you see. Ms. Mendez: Okay. But we're just dealing with the simple provision in our settlement agreement that has to do with the exhausting of the appeals, which is this situation only. And obviously, you and Commissioner Carollo have expressed this is not your typical situation, and it would not happen in any other type of REP, if there was appeals. However, both sides will have a different take on how important this information is. Unfortunately, our DREAM (Department of Real Estate and Asset Management) Department, our Procurement Department, and the Law Department has not been able to fully investigate all the accusations, for lack of a better word, that have been drawn, but we today are only talking about the simple -- Commissioner Reyes: Can -- Ms. Mendez: -- "Should we wait on the appeal to be done?" Commissioner Reyes: -- you -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- please try, by all means, to study the accusations, the effect that it could have, and inform us if it has -- there is grounds or not ground for another lawsuit? Ms. Mendez: Absolutely. We're going to work together with DREAM and Procurement to review the responsibility aspect. Commissioner Reyes: Or if, by any chance, will disqualify any of the applicants. City of Miami Page 42 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Mendez: Yes. We're doing that - Commissioner Reyes: Okay. Ms. Mendez: -- with the departments. Commissioner Reyes: Please. So -- because -- I mean, we got to get rid -- do this once and for all. I agree with you, Commissioner Gort. Thank you for bringing it up. Chair Russell: Thank you, Commissioners. Does anyone have a question for these gentlemen who approached the lecterns and would love to be asked a question, I'm sure? Commissioner Hardemon: I have a question for the one that probably has not: Is there something that you'd like to say, Mr. Dotson? You seem a little anxious. Al Dotson: Al Dotson, with Bilzen Sumberg, 1450 Brickell Avenue, and out of breath. Let me just say this. There's nothing in the settlement agreement that prohibits an award of this contract. There's nothing by the award that dispossesses the current operator from the current operating position. If you award this contract, then there must be a referendum, which is in November. They'll still be there. They can go to the Supreme Court. I believe, while I was out, the City Attorney said they would not take long. So there's nothing that prevents you from awarding today. Second, Commissioner Reyes, I think while I was out, you asked about Mr. De Grandy's letter. It's untrue. First, he raises the issue regarding Shoreline. They're not a principal of our company. Second, he raised an issue about two contractors; one, I guess he was reading our old proposal, who's not even in our proposal. Third, he raised the regarding ongoing requirements for us to update you. What they haven't told you is that their principal filed for bankruptcy. One of their principals filed for bankruptcy. Commissioner Reyes: Sir? Mr. Dotson: We don't want to go down that road. Commissioner Reyes: I don't want to interrupt you. You are an attorney for one side, and he's an attorney for the other side. Mr. Dotson: But the facts. -- Commissioner Reyes: I mean, that's -- listen, that is your job. Your job is to interpret it in favor of your client; his job is the same. I asked my City Attorney that she give us an opinion. That's all. That's all. Okay? Chair Russell: Commissioner Gort, you had a comment? Mr. Dotson: I believe that Commissioner Carollo asked for the language himself to read it. Commissioner Reyes: Okay, that's -- Mr. Dotson: And I don't know whether you've read the language, but I challenge you to find anywhere in that settlement agreement where it says you are prohibited from awarding a contract. City of Miami Page 43 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: Well, that's -- my attorney said something different, and I believe our attorney. That's why we hired her. Chair Russell: Your microphone, please. Commissioner Reyes: That's why we hired an attorney. Vice Chair Gort: I'll let the attorneys go at it. Commissioner Reyes: That's right. Commissioner Hardemon: I don't want to go at anything. I'm going to give it a shot. I move to award the project, if you will, for the lack of better words, to the organization that won the bid, which I believe is represented by the gentleman that's before the lectern right now, Mr. Al Dotson. Vice Chair Gort: Second. Mr. De Grandy: May I respond, Mr. Chairman? Chair Russell: Just a moment. There's been a motion and a second to award the contract. Let me open for discussion. Commissioner Reyes: I'm going to follow the instructions of the City Attorney. I mean, we have, by experience -- I wasn't here when that problem with Flagstone and all of that. And from what I understand, this Commission made a decision against the better judgment of our attorney, and now we are in court. I mean, we're in court now. We are in debt, millions and millions of dollars potentially. See, I'm not going to take that road. Whatever she says, I will --that's what I am going to follow. Chair Russell: Thank you very much. Mr. De Grandy: May I respond, Mr. Chairman? Chair Russell: What I'm going to do now is open the floor for public comment. There's been a motion and a second. And this will be your opportunity to say whatever you'd like. Mr. De Grandy: Sure. Sir, we did not make this up. You can verify that the information regarding Shoreline Foundation is in the RFP response. As a matter of fact, if you pass out the -- my binders, you'll see that the proposal is given to Virginia Key, LLC. It is the proposal to construct the wet site of the marina, and we took it directly from their RFP response. Commissioner Carollo: I'm sorry, Mr. De Grandy. Mr. De Grandy: Yes. Commissioner Carollo: If I could interrupt you for one second. Mr. De Grandy: Yes, sir. Commissioner Carollo: Can you identify the gentleman that just passed this to us, and what is his participation with your group? Mr. De Grandy: He's apart of our team. City of Miami Page 44 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: Part of your team? Mr. De Grandy: Yes, sir. Commissioner Carollo: In as far as what? Mr. De Grandy: Part of our team. Commissioner Carollo: What --? But what position does he have in the team? Is he an attorney? Is--? Mr. De Grandy: He's assisting me in this presentation and giving out these folders. Commissioner Carollo: Okay. Can you give his name for the record, please? Mr. De Grandy: Yes. Mike Llorente. Commissioner Carollo: Okay. Thank you. Mr. De Grandy: Okay. Now, this was taken directly out of the proposal of Virginia Key, LLC. We did not make this up. Commissioner Reyes: But Mr. De Grandy, with all -- I mean, are we discussing this now, or we are going to --? I mean, I -- Chair Russell: There's a motion on the floor to award the contract. Commissioner Reyes: To award the contract. Chair Russell: To award the contract, which would then trigger an entire process. Mr. De Grandy: And so, I wanted to respond to that. Commissioner Reyes: Okay. No, I'm just -- Chair Russell: So we can go as deep as you -- as the Commission wants to go on learning everything you feel is necessary to be willing to award the contract. Personally, I believe it's a little premature with a lot of the things that are hanging out here potentially with legal issues regarding the new information that's been brought up and some previous things that I have some issues with from the -- that we've spoken about. I'm -- my -- Commissioner Reyes: I have no favor -- Chair Russell: My -- what I'm really appreciative of, Commissioner Carollo, is for having found some breathing room for us in negotiating with the existing operator to up the rent so that we're not losing anything during this time, because that's important, that we don't create a financial gap by this legal situation that they're going through. And so, I have the patience, but I believe it is a little -- there's a lot going on out there. They are still in their process. And our last decision was, let's let the process play out; let's get the additional rent to make sure we're whole. Commissioner Reyes: Four months, right? Chair Russell: Something like that, yep. Commissioner Hardemon: Mr. Chairman? City of Miami Page 45 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. De Grandy: May I finish my comment, sir? Commissioner Hardemon: Mr. Chairman? Chair Russell: Commissioner -- after the Commissioners are finished. Commissioner Hardemon: So, you know, I'll tell you, I'm not particularly happy with how this has all turned out. I think the Commission was trying to do the right thing into ensuring that we don't find ourselves in another snafu, if you will, with our public land. And so, I'm -- but I'm particularly sensitive to what could be considered a miscarriage of justice because of what we've done through our contractor. So right now, we know that we have a hold -over tenant that's paying the fees that he's agreed to pay. And unfortunately, the language slipped by us where there has been an -- where we have to exhaust all of our -- all of the appeal possibilities that they have. And the opinion is of the City Attorney that it's going to take, at a maximum, four months, right? Because we've come this far, I'm willing to see those four months through, but I'm telling you this: The moment that the opportunity is there to award the contract and there is not an ability for any further appeal -- well, basically, where this dead horse is -- will no longer have any kick in it, I think it's the right thing to do to award to the individuals that won the process, because it's the right thing to do, and I think it's encouraging to businesses that want to invest in our community, if we continue to do things like that. So, in that spirit, Commissioner Reyes, I'm willing to rescind my motion, but I want us to -- the reason I made the motion is because this is something very serious that we need to think about, and it's up to us -- it's not up to anyone else -- but, you know, our job is to safeguard our assets, and I don't want to put our assets in a position where it could be held up, like it has before, but I'm not going to be afraid to make hard decisions when it comes to things in the future. And so, I'm not going to let what happened with another project affect our decision-making on these other ones, but this is a matter of what we decided, so we need to be careful about how we do things in the future regarding (UNINTELLIGIBLE). Commissioner Reyes: Mr. Chairman. Chair Russell: Thank you. The motion is withdrawn. Commissioner Reyes. Commissioner Reyes: Mr. Chairman, I totally agree with Commissioner Hardemon, and I think that we should, I mean, follow what his statement to the "T. " If --four months from now, whatever the decision of the Supreme Court is, the contract should be awarded, and that's it. If it says, "Shouldn't be awarded, " we follow the directive. If it says, "Should be awarded, " that's it. Commissioner Carollo: Well -- Commissioner Reyes: You see. Chair Russell: Commissioner Gort, then Commissioner Carollo. Vice Chair Gort: The -- then I guess I take my second. There's no longer a motion there, but I'd like to make -- Commissioner Carollo: Well, I'm going to second it for the purpose of discussion. Chair Russell: Is your -- well, there is no motion on the floor. City of Miami Page 46 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Vice Chair Gort: There's no motion on the floor, but let me tell you what I would like. Commissioner Carollo: Because -- Chair Russell: We can continue discussion, though. Vice Chair Gort: Let me tell you what I'd like to do. We should continue discussion, because this is very important. I think there is -- these attorneys are going to have to take care of themselves [sic]. They're saying they done things illegally; they said they're not, so that's something that they have to take care of in court, or where -- however they want to take. But I want to know, in four month, or three month, if we don't have anyone that can apply for -- I think the City's been looking at it, it's been looking at this project. Maybe we should take it over, because it's producing a lot of money. Let me tell you, look at the caliber of attorneys that are here today; look at the willingness to pay an additional million dollars, so they must make a lot of money in that business, and I think we've done a good job. Later... Chair Russell: Now, I know Commissioner -- Mr. De Grandy would like to speak additionally. The motion has been withdrawn. We're back into the discussion item. Is there anyone from the dais who would like to hear more from either side, because we no longer have --7 Vice Chair Gort: I think they're going to take care of the problem. Mr. De Grandy: Sir, in fairness, I should be able to respond to the comments of counsel. Chair Russell: It's really not a back -and -forth debate or discussion. I believe you were in the middle of your two -minute public comment period at the time. So out of courtesy, I'll let you finish your public comment. Commissioner Reyes: I want to hear what Mr. De Grandy would have to say. Chair Russell: In that case, if there's a Commissioner with the will to hear, absolutely. Mr. De Grandy: Thank you very much. Representation has been made that the two companies that we mentioned in our binder were not part of the Virginia Key proposal. Let me direct your attention, if I may respectfully, to Tab I of the proposal. I didn't make this up. If you look at the bottom, it says, "Virginia Key Marina, RFP 16-17-011, Page 86. " That's where you can find Shoreline Foundation in the Virginia Key, LLC proposal. I did not make that up. Let me take your to Tab 8 of my proposal. "The Aerodocs, a member of the Technomarine Group of companies. " I did not make that up. You go to the last page of Tab 8, and it tells you, "The plans will be manufactured and installed by Technomarine Group, as noted. " I did not make that up. If you go to Tab 10, you see at the bottom, "Budget for the Aerodocs Technomarine function. Virginia Key Marina, RFP Number 16-17- 11, at Page 83. " I did not make this up. And so, we have two situations now: One, either yes, they include a convicted felon and a company that is a phantom company that doesn't even exist anymore; or two, there were gross misrepresentations made as to who the participants were in this RFP. And keep in mind that the grading and the ranking results from the evaluation of the companies that were presented in the RFP. And so, again, I didn't -- I couldn't make this up. This is too bazaar for me to even make up. City of Miami Page 47 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Hardemon: Mr. Chairman? Chair Russell: Commissioner Hardemon. Mr. De Grandy: Verb (UNINTELLIGIBLE). Commissioner Hardemon: Is there a motion on the floor? Chair Russell: There is not. Commissioner Hardemon: All right, then, where are we going with this meeting? Chair Russell: We are finishing the discussion item, and we are breaking for lunch. Mr. Dotson: Mr. Chairman, you opened it up for two -minute comment. Chair Russell: Oh, it's not a back and forth, though. Mr. Dotson: I don't want to go back and forth. Chair Russell: I believe you've spoken for two minutes now. Mr. Dotson: Actually, I did not. Commissioner Hardemon: He was invited to speak, right? Mr. Dotson: I was invited to speak. Chair Russell: That is true. And if anybody would like to ask you more questions, they are very welcomed. Commissioner Carollo: Commissioner -- Mr. De Grandy: I haven't finished my -- Commissioner Carollo: -- can I suggest this? We have 15 minutes before we break for lunch. I'd like to hear more from both sides. If we could give them up to 15 minutes, and let's hear what each side has. He's made some very serious allegations. Chair Russell: It's true, it's true. Commissioner Carollo: He's denied some of these allegations. I'd like to know, you know, what is there really to all this. Chair Russell: Well, if I'm -- and I hear you, Commissioner Carollo. My concern is that our City Attorney has actually already stated she's not ready to weigh in on the accusations that have been made or the defenses that have been given to those accusations, and that she would like to do an analysis, and that might be more appropriate than just letting them go back and forth, because I have questions -- but I don't want to ask them of you; I'd like to ask them of her -- as to whether or not, even if the accusation is true, does that disqualify? Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: And then much beyond that, of course, into the substance, is it true? City of Miami Page 48 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: But I -- Chair Russell: So is it relevant or is even true? We haven't done that analysis, and what we're going to have is just a mud fight right now. Commissioner Carollo: I really would think that that would give us a clearer indication; it would give the City Attorney a clearer indication as to exactly what is being presented and what is being denied. I mean, when you throw mud in the wall, you just can't let it stay on the wall if it's not so. Chair Russell: All right. Here's what we're going to do. Commissioner Carollo: I don't know who's right, who's wrong in this. I want to get to the bottom of it. Chair Russell: There's new information all the time, and it's -- Commissioner Carollo: But not like this, not like this. Chair Russell: -- about 10 till, so what I'd like to do is offer both sides five minutes, so they can feel they've been heard today. Ido not want a debate or aback and forth or a retort to anyone's comments, but you know where each side is going on this. So Commissioner Carollo is requesting to hear both sides; you have five minutes each, please. You've just spoken, Mr. De Grandy. Mr. Dotson, if you'd like to speak for five minutes. Mr. Dotson: He finished with his five minutes? Chair Russell: No, no. He was just --from this moment on, you have five minutes; he has five minutes. Mr. Dotson: Oh, I'm sorry. I'll wait for him (UNINTELLIGIBLE). Chair Russell: You'd like him to go first? Mr. Dotson: Absolutely. Chair Russell: Is that okay with you? Thank you, Mr. De Grandy. Five minutes, please, on the clock, and -- Mr. De Grandy: Sure. Let me walk you through the binder, if I can, in five minutes. You have first Shoreline Foundation, Inc. Shoreline Foundation, Inc. is proposed by VK (Virginia Key) to do all the wet side of the marina; that includes the moorings, the floating docks, et cetera. If you look at Page 2 of Tab 1, their proposed budget is $12.5 million. Now, VK states in its RFP response that their proposal is about an $80 million development proposal. So you're talking about 15 percent of that development. You go to Tab 2 and you will see a charge by the US Attorney's Office for filing a fraudulent, fictitious claim against Shoreline Foundation. And what they did -- and you could read that at your leisure in Tab 3 -- is basically, they had an obligation, when they had a contract with the United States Coast Guard, to have done certain relocation work of coral reefs before engaging in any work in order not to cause damage to those reefs. They did not do that, and instead, they filed their invoices with the US Coast Guard, stating that all the work had been done pursuant to the permits. Tab 4, you will see they're admitting to that. That's their plea agreement. Right behind the plea agreement, you'll find the factual proffer of the United States Attorney as to what they would have proven if they went to trial. At Tab 5, you will find a January 9, 2019, conviction for filing a fraudulent and false City of Miami Page 49 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 statement. And yesterday -- and I didn't even have time to include it in my binder, but yesterday we were informed by Department of Management Services that they are being put on the convicted vendor's list, and Florida DOT (Department of Transportation) is decertifying them and deeming them non -responsible. Tab 6 is a convicted vendor's statute, public entity crime statute, which tells you about being put in the public --in the convicted vendors list. Whether you're a prime or you're a sub, you cannot participate in any government contracts. Tab 8 is what we discussed before. It's part of the proposal of Virginia Key. Aerodocs is a company that's supposed to design the system; Technomarine is a company that's supposed to manufacture and install it, pursuant to their own words. Technomarine doesn't even exist, gentlemen. Technomarine was administratively dissolved for failure to even file an annual statement. You have, for example -- let me jump to Tab 11 -- a letter from Ricinda Perry, City Attorney, Bradenton Beach. It's a notice of default to Technomarine, where it says that it appears that the actions of Technomarine are akin to defrauding taxpayers' money and civil theft. Tab 12, you have an article that explains all of that default. Now, we have gone -- we have tried to call Technomarine Group by phone. We have gone to their offices; they're vacant. They have a notice posted at the wall from the Akerman law firm, saying that they're in arrears $25,000 in rent and are in the process of being evicted. They don't exist. They, with Aerodocs, is supposed to be $30 million of that proposal. We've also given you correspondence from MATT staff, the contractor that built the Port Marina in Fort Lauderdale that says that the representations that were made to the Selection Committee regarding Aerodocs and their patent and their participation in that project is totally false, and they sent us their patent licensing agreement and a copy of the contract. And so, we have two options here; either `A, " over 50 percent of this $80 million development is being done by a convicted felon and a phantom company; or "B, " there were gross misrepresentations made to this City as to who was going to participate in this process, and the companies that were ranked, if they're not actually the companies that are doing this, then what is the ranking worth? Because the bottom line is this is not a bid; this is an RFP process, and companies were rated and ranked based on representations made by Virginia Key, LLC and looking at their qualifications. So if these are not the two companies, then there were gross misrepresentations made to you as to who was really going to develop this. And I thank you very much for your time, Commissioner. Chair Russell: Thank you very much. Mr. Dotson. Mr. Dotson: Yes. Let me start first with this process. Mr. Chairman, you may recall that the way we got into the second process is because you asked that the Commission have more input; you asked that the Commission have more input to frame the RFP; you asked that the community have more input; and you may recall, at your request, this particular RFP came to be, because you wanted input, and you arranged for different committees and others to have input on this RFP. Second, with respect to the settlement agreement, you've now heard the language. An award would not dispossess them of their operation on that site. There's nothing in the award that would do that. Third, let me get to the specious allegations. They really sound horrible. And in fact, he only gave you an "A" and "B" option, but there's a "C" option. He's just wrong. So let's start with what the facts are. First, this is an RFP, and we are not obligated, nor is anyone obligated, to hire someone three years from now if they're not in business. I mean, it's sort of like the Deadman Theory. We'd have to actually -- if a company goes out of business, we're obligated to use them, whether or not they are apart of our team or not? The critical component of your RFP is who are the principals, and who's listed on our Appendix 4 and Appendix 5? Those are the critical components of your RFP. That's what your County -- your City Attorney will tell you. No one made mention; yet, it's one of the principals of our team. A contractor that we put on our -- in our response was Shoreline, and the facts are different than he represented to you. The facts are that City of Miami Page 50 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Shoreline was a prime. Shoreline's sub to its sub failed to do certain things. Shoreline paid for that work and asked for reimbursement. The Federal Government has said in the very documents that Mr. De Grandy has given you, they would vehemently oppose any governmental body debarring Shoreline by virtue of what took place. And even if Mr. De Grandy was right, and we were debarred, the maximum number of years you can be debarred is three years. And under our agreed -to timeline, we don't need a contractor until after three years. So he's wrong,- they're rong;they're not a principal. Two, he's wrong that the RFP did not require us to continue to hire a particular contractor forever. They can go out of business, they can change, et cetera. On the -- I have to give him credit. He found a needle in a haystack. He found a typo in a haystack; he's making a big deal out of it, but remember, there's two parts to the responses to the RFP that matter: Who are the principals and who are the subcontractors? Technomarine is not listed as a principal, nor is it listed as a subcontractor, but one of our subcontractors -- in what they've presented to us -- had a typographical error that referenced Technomarine twice in their documents. Our client never represented they were using them. And in fact, they were a part of our response to the first RFP. We took them out in response to the second RFP. So he's wrong there. He would have you believe we have a continuing obligation to inform you of something that happens to a sub to a sub; yet, he said nothing about Danielle Calabrese, a principal, a principal, a principal of his team, who filed for bankruptcy. That is immediate grounds for being found non - responsible. And we didn't want to go there, but when you talk about mud, we were staying in the legal area. We've won before two selection committees. We've won before three judicial committees, nine judges. The circuit court judge -- circuit court judges, twice; the Third DCA, once; and a hearing examiner, all said that the process was right and the selection was right; a process that you, Mr. Chairman, put in place as the Commissioner from the district, who required that this RFP reflect your thoughts and your community's thoughts. Chair Russell: Thank you very much, Mr. Dotson. I don't know about the Deadman Theory, but I have the hungry man theory. It is lunchtime. We are breaking. We'll be back at 2 p.m. Commissioner Hardemon: Before we move on -- Commissioner Carollo: I -- Chair Russell: Yes, sirs. Commissioner Hardemon: This is not related to this issue, if I may -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: -- unless you have something to say related to it? Chair Russell: Commissioner Carollo and then Commissioner Hardemon. Commissioner Carollo: Yeah. Commissioner Hardemon: Yeah. Commissioner Carollo: I just got a quick question. You had mentioned something to the effect that someone in the other side had filed for bankruptcy. Are you talking about bankruptcy at the corporate level or --? Because that surprised you [sic]. I hadn't heard any of that before. What -- City of Miami Page 51 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Dotson: And in fact, we will send you all of the -- all the documents related to that. This became -- we just became aware of it this morning -- Commissioner Carollo: But who--? Mr. Dotson: -- at the corporate level, yes, sir. Commissioner Carollo: At the corporate level. And is this one of the principals? Mr. Dotson: Yes, it is. Commissioner Carollo: Well -- all right. I have no further question right now. Chair Russell: Thank you. Commissioner Hardemon. Commissioner Hardemon: Thank you very much. I appreciate the Florida Bar, because there are some things that, when they are said and there are -- sometimes you can say things to the left or to the right of a fact, but sometimes there are certain facts that are just on point, and they -- once stated, they are what they are. D1.3 DISCUSSION ITEM 5490 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.3 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. DIA DISCUSSION ITEM 5529 A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION Department of Real PROVIDING A STATUS UPDATE AND TIMELINE FOR THE LEASE Estate and Asset BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC Management FOR THE DEVELOPMENT OF THE SOCCER STADIUM COMPLEX AT MELREESE GOLF COURSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item DI.4, please see "Order of the Day." END OF DISCUSSION ITEM City of Miami Page 52 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PZ ORDER OF THE DAY Chair Russell: Ladies and gentlemen -- don't applaud; we are late -- thank you so much for your patience and your advocacy. You are hereon so many issues that are so important to our community. You're here to talk about how we use our public space. You're here to talk about how development affects your neighborhood. You're here to talk about how the Code affects our businesses and our quality of life. And so, I thank you. I thank you for being engaged, involved, and most of all, patient. I apologize; the 2 p.m. time certain has extended to 2:30. We wanted to make sure we have a full quorum. We have the best that we have right now, so we're going to go ahead and get started. And so, we are taking up item -- well, let me tell you how the afternoon's going to go, just so everyone has some expectations. I know you're here for several things. This morning we did the regular agenda. There's a few items left on the regular agenda that will come after. We're going to jump into the Planning & Zoning agenda now and, of course, take the item that is set absolutely for time certain, which is PZ.10, the NCD (Neighborhood Conservation District) Rewrite. After that, we'll look at the Magic City SAP (Special Area Plan), and then we will start to work back into the rest of the agenda. We're going to work on public comment in the following method. I know many of you are here and you have a lot to say, and I apologize that we can't stay until 2, 3 a.m. to hear everybody for everything they'd like, but we limit everyone to two minutes per person to speak. You can give your name, you can give your address, if you'd like; you don't have to, and you can speak on things. You are here to let us know which item you're speaking on, and then the floor is yours for the next two minutes. Please address the Chair. Do not address directly to Commissioners or Administration. I will absolutely direct the conversation appropriately. It's just so we don't get into back and forths. And we're here to listen to you for this portion, and that's very important. So what we're going to do at this point is we're going to open up the floor for discussion on Item PZ.10. This is PZ.10. And if we can do it in this fashion, please, it'll be very helpful. Those who are for the item, please stand at this lectern. Those who are against the item, stand at this lectern, and if you're indifferent, it doesn't matter; you can take either one if you're seeking -- Victoria Mendez (City Attorney): Chairman? Chair Russell: Yes, Madam City Attorney. Ms. Mendez: I need to read the -- Chair Russell: Read the Planning & Zoning rules of the road, absolutely. Ms. Mendez: Thank you. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any communications, pursuant to Florida Statute 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 or at any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken City of Miami Page 53 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will allow to make any recommendations they may have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Russell: Thank you. Director Garcia, are there any items from the PZ agenda to be deferred or continued, or withdrawn? Francisco Garcia: Thank you, Mr. Chair. Francisco Garcia, Planning Director for the record. Yes, it has been requested that Items PZ.2 and PZ.3, respectively land use and zoning changes proposed for approximately 824 Northwest 1st Street, be continued -- rather, deferred for the April Planning & Zoning agenda. Chair Russell: That would be? Todd B. Hannon (City Clerk): April 25. Chair Russell: Thank you very much. April 25. On that item or --? Commissioner Reyes: No. On Item PZ. 11. You do that -- Chair Russell: I just wanted to get -- let the Director get through the total -- Commissioner Reyes: Oh, okay. Chair Russell: Is that the total amount, all the ones deferred by the Administration? Mr. Garcia: Those are the ones that I have, sir. Chair Russell: Thank you. Commissioner Reyes, of course. Commissioner Reyes: Yes. Okay. I want to defer indefinitely PZ. 11. Chair Russell: PZ. 11, the--? Commissioner Reyes: Yeah, because we have -- we need more community input on it, and I want everybody to be able to -- Chair Russell: So that's regarding auxiliary parking? Commissioner Reyes: That's right. That's right. Chair Russell: Yep. Indefinite deferral for PZ. 11. Commissioner Reyes: Yes. City of Miami Page 54 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: That's 2, 3, and 11 so far. Any other items? I will be asking for a deferral of PZ. 12, the free board and height. I think it's excellent legislation. I am the sponsor of it. The map for the actual application has just come out, and it's not in the backup, and I really want to make sure that residents are aware, especially near the waterfront where we may be allowing for increased height to allow for sea level rise issues. So that's PZ. 12, I'll be asking for a -- Commissioner Reyes: Deferral. Chair Russell: -- yes, a deferral to the next PZ agenda, please. Mr. Hannon: And that will be March 28. Chair Russell: Correct. Are there any other deferrals, continues, withdrawals? All right. So is there a motion on those in that order? It's been moved by Commissioner Gort; seconded by Commissioner Reyes. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. Mr. Clerk, if you would swear in anyone who'd like to speak, please. Mr. Hannon: Good afternoon, ladies and gentlemen. If you will be speaking on Item PZ.10, if you will be speaking on Item PZ. 10, may I please have you stand and raise your right hand? Again, this is only for Item PZ. 10. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM City of Miami Page 55 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 PZ.1 ORDINANCE Second Reading 4856 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ABSENT: 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 "A"; APPROVING AND 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: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record. Item PZ.I was continued to the March 28, 2019, Planning and Zoning Commission Meeting. Chair Russell: (INAUDIBLE) everyone. The night is young, legislation to be done. We're going to start this next session with Item PZ. 1. Commissioner Gort, would you like the Administration to present on this, or how would you like to handle it? Vice Chair Gort: Yes, I do. We passed this on first reading. We requested certain agreements that were going to be coming in front of its today. I don't know if the Planning Department received any -- Victoria Mendez (City Attorney): Chairman? Vice Chair Gort: -- information. Chair Russell: Yes, Madam City Attorney. Ms. Mendez: Are we going -- are you going to do public comment on each item -- Vice Chair Gort: Yes. Ms. Mendez: -- or the well-rounded --? Chair Russell: However you want to do it. Vice Chair Gort: You didn't do it for this. Ms. Mendez: I'm just asking procedurally so that we know for rules of engagement for the afternoon for PZ (Planning & Zoning) public comment. Chair Russell: We're taking public comment for each item, one at a time. City of Miami Page 56 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Ms. Mendez: Okay. Thank you so much. Chair Russell: But we'll take it -- I'd like the Administration to present first, please. Francisco Garcia (Director, Planning): Very briefly. Item PZ.1 is a rezoning proposal for properties at 4865, 4875, and 4885 Northwest 7th Street. The land use designation is not changing. Only the zoning is being proposed to change, and it is being proposed to change from T6 -8-L to T6 -12-L; important to note that there is no density change, meaning the density remains the same. The number of units they could build remains exactly the same. And the proposed -- in terms of the schematics provided, the proposed envelope of development is very much in line with the existing zoning designation. In addition, for the Commissioners' consideration, there have been a number of additional improvements proffered by the applicant. Those involve an enhanced access to the site, and I believe the applicant is also going to make mention of additional connecting strategies to tie in the subject property to the surrounding road network. With that, I defer to the applicant and any other interested parties, and I'm happy to answer any questions you may have. Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Microphone, please. Vice Chair Gort: (UNINTELLIGIBLE). I mean, we had the discussion on this. We had about three different discussions. We discussed several things. My understanding, there was going to be some agreement, some -- that were -- you were going to have with some of the neighbors. And by the way, as a disclosure, I've met with just about everyone from both parties. I met and I talked to both and everybody, okay? That would not influence in my decision. Miguel Diaz de la Portilla: Commissioner, through the Chairman? Vice Chair Gort: Go ahead. Chair Russell: Just a moment. How would you like to do this, Commissioner Gort? You want to --? Vice Chair Gort: Go ahead, then. Show a presentation. Chair Russell: All right. Presentation, please. Mr. Diaz de la Portilla: Okay. Miguel Diaz de la Portilla. I'm an attorney at Saul Ewing Arnstein and Lehr, 200 South Biscayne Boulevard, 36th Floor, Miami, Florida. I'm here on behalf of the applicant, 7 at Blue Lagoon, LLC (Limited Liability Company) (1); 7 at Blue Lagoon, LLC (2), and Caroline Weiss. As you heard from the staff, we're here on an application, which is a simple rezoning from T6 -8-L to T6 -12-L. I think it's been irrefutably established, not just by our presentation, but confirmed and corroborated by your staff that our request does not increase density at all over what is allowed as a matter of right. We're allowed 150 units per acre, density per acre, which is the same that every other parcel in the City of Miami that surrounds our property is allowed, and our request to rezone does not increase density by one additional unit. Additionally, it's been irrefutably established that our proposal and the proposal that is before you does not increase FLR (Floor/Lot Ratio) over what is achievable under the current T6 -8-L designation. That's been clearly established, as well, and corroborated by your staff. So why are we here, and why have we spent so much time and energy and fees with the City in bringing this project forward? Because we'd like to get three additional stories in height. Under the T6 -8-L, you can go with bonuses up to 12 stories. We'd like to City of Miami Page 57 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 achieve 15 stories or a maximum height of 160 feet. Under the T6 -12-L category, you can obtain up to 20 stories, but we're not going to 20 stories, because we're limited to 160 feet by the FAA (Federal Aviation Administration), and we have a covenant that we proffered that limits us to that 160 feet. So in essence, the purpose of the application is to be able to change the zoning so that we can go three stories higher to have a better plan, to have a better project. Chair Russell: Got it. Mr. Diaz de la Portilla, just a moment. I apologize procedurally from our side. The Clerk was off the dais for a second. We need to administer the oath -- Mr. Diaz de la Portilla: Oh. Chair Russell: -- just for anyone who's presenting today. Mr. Diaz de la Portilla: Sure. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on Item PZ. 1; if you will be speaking on Item PZ. 1, may I please have you stand and raise your right hand? Item PZ. L 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 Russell: Thank you very much. Please continue. Mr. Diaz de la Portilla: So the whole purpose of the request is to have a better project, a better design project; to have more green space; to have better view corridors to the Blue Lagoon; to have a svelter [sic] building line; to have a smaller footprint; to have a more attractive project. Mr. Kobi Karp, who is our architect, is a world-renowned architect. We want to build a world-class project, yes, here in Blue Lagoon. And so, that is the purpose of the request; to build a nicer project; to build a better project, without increasing density, without increasing FLR; and, in fact, leaving a lot of FLR on the table, over what is achievable under the current zoning designation; not on the rezoning. It's been irrefutably established by your staff that we are consistent with the municipal -- with the City of Miami's Comprehensive Neighborhood Plan. That's been testified to by your Planning & Zoning Director, and it's in your reports. And we've also established through expert testimony that the improvements that we are making to the driveway off of 7th Street accommodates the new development. And the testimony that you heard from Mr. Mark Kline, who is here today to answer any questions that you may have from Keith and Schnars, based on a traffic study, clearly shows that with the improvement of the additional exit lane onto 7th Street, which is a dedicated right -turn lane -- so now you have an exit lane turning right and an exit lane turning left, which is an improvement over the current condition, where there's one exit lane out of the driveway, and two exit lanes going in, which is an improvement over the one exit entry lane going in -- that that accommodates traffic generated by the new development of the project that is before you today. And it accommodates it with shorter queues upon both entry and exit, because of the improvements, and it accommodates it within one second of the current times that it takes to enter and exit the property. Now, this is the only traffic study that you've been presented and that has been submitted for the record that addresses the improvements that we're making. The objectors, the neighboring Blue Lagoon Condo Association, presented a traffic study, but their traffic study did not take into account any of the improvements that we're making. In other words, the traffic study that the objectors City of Miami Page 58 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 presented simply added our project without the improvements to the driveway. The trajfc study that we presented and that has been discussed here before you and where you've heard expert testimony, has clearly established that, with the improvements, the traffic is accommodated. And in essence, with the improvements, the traffic is a wash over current conditions. And again, as I said, we're not increasing density, we're not increasing FLR over what is allowed. In fact, the City's own Transportation Department has also looked at the proposed driveway configuration, and the City's driveway depart -- sorry -- the City's Traffic Department has signed off and looked at those plans. And, in fact, I introduced at the last hearing a memo from Collin Worth of the Traffic Department, basically saying as follows, and I'll just repeat that. And this is based off -- upon the review of the plan that we submitted and paid $82, 000 for the City to review. It's an email from Mr. Collin Worth, dated August 6, 2018, to Mr. Efren Nunez of the Planning Department, saying: "Good morning, Efren. Upon review of the site plan for 7 at Blue Lagoon, a traffic study is not required for rezoning" -- but we did one anyway -- "and Transportation does not have an issue with the site plan provided. It is to be noted that a traffic study will be required for development, and any changes that may come about as part of that process will be coordinated through Planning & Zoning. " These were introduced last time, but for the sake of convenience, I've made some copies, and I'll hand them over to the Clerk so that you can take a look at these yourselves. As I mentioned, part of our commitment is a voluntarily proffered covenant, and the covenant that we're proffering provides a generous Public Benefits Program. One of the important things about the project that we're proposing, and that Mrs. Weiss is proposing as her legacy project in the City of Miami, is to create jobs in the community. And so, a preference is provided to applicants who live in the immediate zip codes where the property is located for the jobs that will be made available, which we estimate to be in the neighborhood of 500 construction jobs and 500 permanent jobs. We are providing 53 units of affordable housing. We are providing 84 units of workforce housing. We are providing $150,000 for improvements to Antonio Maceo Park for a program called Crime Prevention through Environmental Design, to open up that space to the community; to the seniors who live there, to the grandchildren of the seniors who are in the area, to the children of the neighborhood, as opposed to having it closed off, as it is. That's $150,000 for Antonio Maceo Park. We are also providing for a trolley stop, and to pay the expenses to construct that trolley stop, after coordination with the City, to provide public transportation and trolley transportation to all the people in the Blue Lagoon area; not just those who will live at the 7 at Blue Lagoon Project, but those in the adjacent communities. And by the way, we're surrounded by four additional homeowners associations. You will note, we've only had dijiculties with our immediate neighbor to the west, although we've had many conversations, and I think we've had some good conversations. We haven't reached an agreement with our neighbors to the west, which is the Blue Lagoon Condo Association, but we've made significant progress with our neighbors to the east, the Sunset 3 neighbors. And while we don't have a definitive agreement in writing from the neigh -- or with the neighbors to the east, we are in very serious discussions to create a scenario that is a win-win scenario for both Sunset 3 and for the 7 at Blue Lagoon Project, and that is to activate an existing easement that would provide an additional ingress and egress point off of 47th Avenue. That is not finalized, and that will take a while to finalize, but it is something that both sides are working on diligently, because there is benefit to both sides in having that. And when I say, "both sides," I'm talking specifically about the Sunset Villas 3 Condominium Association and the applicant in the project that is before you, 7 at Blue Lagoon. Going back to the public benefits that are in our proffered Declaration of Restrictions, we're also providing $5, 000 to the middle school and element -- each -- to the middle school and elementary school in the area; $20, 000 for an Arts for Senior Program at Antonio Maceo Park; $60, 000 for additional improvements to the park -- lighting, landscaping, leading up to the park, along the area of how -- in coordination with the Parks Department and the Public City of Miami Page 59 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Works Department of the City; and $50, 000 for Art in Public Places. And in fact, the Art in Public Places Board of the City of Miami has sponsored a resolution supporting the 7 at Blue Lagoon Project for its contributions to art in the community, and I will introduce that, which is a public record document that was prepared and approved by your very own Art in Public Places Board. And that resolution -- I'll also introduce copies for you to take a look at to the Clerk. And in essence, this was approved on the 14th of January of 2019, of this year. You can read it yourselves. I'm not going to read the whole thing, but basically, "Now therefore, be it resolved by the Art in Public Places Board of the City of Miami: One, that the recitals and findings contained in the preamble to this resolution are adopted by reference, and incorporated," as it fully said in this section; and two, "The AIPPB (Art in Public Places Board)" -- the board -- "recommends support of the Declaration of Restricted Covenants, as voluntarily proffered by the applicant; specifically, to the public component" -- 'public art components, as described in the resolution." So the art contribution is a significant contribution; particularly, in an area where there aren't too many examples or opportunities -- or there hasn't been heretofore --for public art. And again, we're talking about the monetary contribution, but also incorporating within this project designed by Kobi Karp are art facing Northwest 7th, art internal to the project, and art facing the Blue Lagoon. In addition, I had -- we had proffered and we are proffering $10,000 for "welcome" signage for the community to identify the community and to help create a sense of community. Again, this matter was discussed extensively. We actually were before PZAB (Planning, Zoning and Appeals Board) on three occasions and obtained a 7-0 unanimous vote of support from the PZAB. As I said, we've conducted a traffic study, even though one wasn't required, and that traffic study shows that the traffic will be accommodated with the improvements that we're making to the driveway that allows egress and ingress to the property. I would like Mr. Karp to come up briefly to just describe the vision behind the project and really the purpose of why we're here, which is to build a better project and to have a better site plan, and to provide something that is different than what you have seen in the area and what you have seen in many other places. So Mr. Karp will briefly explain why it is that we've gone through this effort and through this exercise when we could, as a matter of right, without even coming here, get the same number of units, get the same FLR; in fact, get more FLR, but we would end up with a project that isn't as attractive. Chair Russell: Commissioner Reyes, would you like to make a comment? Commissioner Reyes: Yes. I was just wondering, when you said you're going to enhance the egress and ingress from Northwest 7th Street, you're going to build additional lanes? Mr. Diaz de la Portilla: Yes. And so, what we're talking about -- and if I may get the mike -- well, this is not the right board. So let me get the board with the site plan of the proposed project. That will work. So what we're talking about, this is Northwest 7th Street at the bottom, pointing north. What you have currently, the current conditions, Commissioner Reyes and Commissioner Gort, the current conditions are one lane in and one lane out on the north/south stretch of the driveway. We're calling this that you see in yellow "the driveway." So right now, there is one lane in, one lane out, and when the driveway turns to the west to go to the Blue Lagoon area, there is one lane in most of the way, until it gets real close to the Blue Lagoon Association, and then it opens up into a visitor and resident parking lane, and there's one way out, one lane out of the Blue Lagoon Association. What we're proposing is to add an additional exit lane on the north/south portion of the driveway. That additional exit lane will provide right turn lane only, and then the existing lane will become a left turn only lane. What that does -- and it's in the traffic study by Keith and Schnars, and I can go over the exact numbers. We've also brought Mr. Kline, who can testify to that. But what that does is that it allows cars City of Miami Page 60 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 exiting the property to be able to make a right turn and breaks in the traffic without having to wait for the car in front of them to make a left turn. Right now, if a car wants to make a right turn, it has to wait for the vehicle in front of it to make a left, if it is making a left. So that's what that improvement does. And then when -- again, an additional lane going west when you go in here so that you can segregate the traffic that would go into the 7 at Blue Lagoon Project. Commissioner Reyes: (UNINTELLIGIBLE) to the -- you are building -- I mean another lane coming in? Vice Chair Gort: Speak in the mike. Mr. Diaz de la Portilla: No. There is one lane in; that that remains one lane in, two lanes out. This becomes three lanes in now, in essence, if you count the bifurcation up here for the Blue Lagoon Association, and then the lane that takes it to 7 at Blue Lagoon. But again, this configuration was what we studied with Keith and Schnars, and what the traffic report studied and tested, and it's the -- and our traffic report is the only one that has done that. No other traffic study has looked at, well, what happens to the improvements to the traffic once you make the lane improvements? And this is also the plan that was reviewed by your Department of Public Works, and signed off by your Department of Public Works, and by your Traffic Department, as well. And the results of that study are that the times that people spend in queue -- and it's a long queue, because it's a long driveway -- are within one second of each other when you compare current conditions to future conditions; current conditions, meaning without the 7 at Blue Lagoon; future conditions, with the 7 at Blue Lagoon, and the additional exit lane and the additional entry lane on the east/west portion. So that's what is being proposed for the entrance and for the roadway improvement. In addition to that, currently, there are no sidewalks, so people going to -- and this is the last vacant parcel, by the way, in this area, north of Northwest 7th. The people are going to the Blue Lagoon Condo Association now, and walking -- and there are many pedestrians there. We noticed, you know, that there are people who just walk, they don't have cars, or they use public transportation or what have you. There are no sidewalks, so we're proposing sidewalks and crosswalks throughout the whole project to allow pedestrians to walk in and out. And as I mentioned, we're also proposing and committing to in our Declaration of Restrictions a trolley stop to allow for trolley service to the property. Commissioner Reyes: Trolley where; on 7th Street or inside the --? Vice Chair Gort: 7th Street, going inside. Commissioner Reyes: Right. 7th Street, right? Mr. Diaz de la Portilla: Yes, off of 7th, which is the street that there is now. As I mentioned, you have the Sunset 3 -- Commissioner Reyes: (UNINTELLIGIBLE). We have a stop there already, right? Vice Chair Gort: Yeah. Mr. Diaz de la Portilla: You have -- I'm sorry, I didn't hear. Commissioner Reyes: I think we have a stop there. Mr. Diaz de la Portilla: But inside the property; meaning, to help -- to be able to facilitate the use of the trolley system for everybody in the area. And so, that would be an improvement that we would pay for, including the station and, you know, City of Miami Page 61 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 whatever other is -- whatever else is required by the City in order to have that available. That's the roadway improvement that we're proposing and that has been vetted by the staff. I'd like to have Mr. Karp come now and explain what the project that can be built as of right is, without the change to T6 -12-L, and the difference between that and what is being proposed today, which does not increase density by one unit over what is allowed, and does not increase an FLR over what is allowed; and, in fact, is under the currently -allowed FLR, which is floor -lot ratio. Mr. Karp. Kobi Karp: Good evening. Kobi Karp, 2915 Biscayne Boulevard, and I'll be brief and to the point. When I first came and met with staff and the Commissioners, we came up to a thought process where right now, the design that we have submitted is at 55 percent lot coverage. If we go as of right, then what basically happens is that we can go up to 80, 85, or, as this shows, 88 percent lot coverage. When we met with staff, we thought it'd be nicer, better to make it a more green space for the property, and design it around the waterways so that the buildings maximize and have a view of the water there is, basically. So the as -of -right design has the same quantity of apartments, same quantity of parking spaces, same quantity of FLR. All we are asking for is -- Many years ago, I worked for a Mr. Jose Hilton. We did the Blue Lagoon next door -- to reach the same height, which is the height based on the FAA, which is -- would give us a few more floors. And that height matches the Blue Lagoon, and potentially, can give us more open space, specifically going from 85 down to 55; that's why I'm here in front of you. If you don't think that that is the right thing to do, I'll just go back to the original design, which has a bit more lot coverage, and that's it; and a little bit less green space and open space. Thank you very much for your time. Vice Chair Gort: Thank you. Mr. Diaz de la Portilla: I would like to also submit for the record a summary letter that summarizes the traffic study in case, you know, you don't want to go back and read the longer study again by Keith and Schnars, which I will hand over -- or my wife, Ellinette, will hand over to the Clerk. Unidentified Speaker: And co -counsel. Mr. Diaz de la Portilla: Wife and co -counsel, yes. Unidentified Speaker: Thankyou. Vice Chair Gort: She's an attorney, also, yes. Mr. Diaz de la Portilla: Thank you, Mrs. Weiss, for that -- Unidentified Speaker: And boss. Mr. Diaz de la Portilla: -- and boss. But in essence, the letter is being introduced here for the record. It summarizes what the traffic and queueing analysis says, and it talks about the existing level of service on Northwest 7th Street; not just the driveway, but Northwest 7th Street. And in essence, what that says is that the City standard, per the traffic -- transportation element of the City's Comprehensive Neighborhood Plan, sets the level of service at "E"plus 20 for Northwest 7th Street. And with the 7 at Blue Lagoon Project, Northwest 7th Street stays at a Level "C," which is above the standard set by the City, which is "E" plus 20, according to the City's transportation element. And so -- and it also summarizes the language that I alluded to or referenced in terms of the driveway, basically allowing and accommodating the development that is being proposed, which, again, is a development that has the same exact density as is allowed by right, and has less FLR City of Miami Page 62 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 than what is allowed by right. Again, the purpose of the request is to be able, as you heard from Mr. Karp, have a better project; have a better project, with more green space, better view corridors, nicer -looking buildings, and really a world-class design by a world-class architect, as opposed to the blockier, shorter buildings, with a lot more lot coverage than what we're doing right now under the proposed plan. Thank you. I'm here to answer any questions that you have, and would like to reserve some time for rebuttal, if necessary, to address any issues that may come up. Thank you. Chair Russell: Thank you, counselor. Commissioner Gort, how would you like to proceed? Vice Chair Gort: Yes. You need the mike. Rick Alayon (UNINTELLIGIBLE). Vice Chair Gort: Sure, no problem. Mr. R. Alayon: Good evening, ladies and gentlemen, staff -- Vice Chair Gort: You got to speak into the mike. Mr. R. Alayon: -- Commissioners. Putting this real close. I'd like to thank you, not just for your attention today, but for the fact that you've actually listened to your community numerous times; particularly you, Commissioner Gort. You've exemplified leadership; you've exemplified, most of all, the caring attitude that we would want of our elected leaders. Each and every one of you has asked very good questions. Mr. Diaz de la Portilla has done a very good job. Now, ask yourselves, do you think that people like my clients or we lawyers would be here if this was frivolous? Absolutely not. Chair Russell: Can you bring the mike a little closer, please? Thank you. Mr. R. Alayon: Can you hear me better? Chair Russell: Yep. Mr. R. Alayon: Okay. Chair Russell: That's great. Mr. R. Alayon: So let's establish some basic facts so we can get through "he said/he said. " Basic fact 101: Why are we here? Why is Blue Lagoon here? If I may, I'd like to grab one of the exhibits with your permission, Mr. Chair. Mr. Diaz de la Portilla: Sure. Mr. R. Alayon: May I, Mr. Diaz de la Portilla? I don't think this is as much fun as I'm going to have. Can you hear me? I remember one of the times that we were here -- no matter how smart I am every day, I learn something new. One of your Commissioners said -- Vice Chair Gort: You got to bring it up to -- Mr. R. Alayon: -- "How wide is the easement today?" The answer was, "40 feet." Then the next question was, "Mr. Diaz de la Portilla, how wide will the easement be when you make your improvements?" The answer was, "40 feet." Now, we ask that we be given party status, and I still haven't gotten a ruling on it, because we were City of Miami Page 63 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 going to expose the fact that the easement remains at 40 feet, and that the expert that they've hired has made certain assumptions that we would point out to you are inaccurate and are in apropos. But we were not given the opportunity to depose the expert, and we respect the fact that that has not occurred, but we would like a ruling. If we were to depose their expert, you'd find several things. Number one, the last time I looked, the trolley was pretty long. Common sense dictates -- and again, I'll explain to you why common sense makes the most importance in this -- but common sense dictates that if there's a trolley stop in here, the trolley has to turn. I don't see anywhere on this diagram, and I challenge my opponent to point out to you where there's an appropriate turn lane or turn circle, or turn anything where a trolley could turn, let alone afire truck. I don't see where afire truck can turn. I don't see where access would be given to paramedics that will make sense, but then again, I'm using common sense. Common sense is important, because I'm a lawyer, I go to trial, I represent people who are wronged all the time. I hire experts and I put them up in front of the jury. And every jury is charged by the Judge with using common sense; not to allow somebody who has a degree to usurp their role as the trier of fact. You are the triers of fact, and the triers of fact, the real -- you're in the very clear and unenviable position of being presented with so-called evidence, which I'll point out to you is pure hearsay, and being told that what you're seeing is not what you're seeing. This is the story we told our kids: "The king has no clothes. The emperor has no clothes." This easement cannot handle the traffic that was generated today, nor will it be able to handle the traffic that's generated tomorrow. And our expert said that, and our report is in. It was not objected to. It is part of the record. Now, I've tried everything possible to try to meet with Mr. Diaz de la Portilla and his client, like we were charged by Mr. Vice Chair, and it's not his fault. He's been told by his client that she's sick. But bottom line is they don't want to meet with us, because here is the thing that they haven't told you: "As of right" means that they have access. They gave away an easement to my client, and Mr. Milton, who Mr. Karp worked with and should know, because he was part of that team, which easement gave us the right to use it for the right number of cars. They can't take away that right. They keep saying, "as of right"; they have, "as of right, as of right. " What about our rights? And this Commission is being asked to sanctify an unholy plan. Why is it unholy? Because it's using property that they gave up. They gave up the right to use the property. What's the most valuable right? The right to use the property. And we've tried to meet with them numerous occasions; empty promises. You heard the -- in one of the meetings we had, we had a lawyer who represented the (UNINTELLIGIBLE) Association to our east, and he said that he couldn't get a straight answer, he couldn't get anything in writing. The reality that we're facing -- Mr. Diaz de la Portilla: I'm going to object, because that actually misstates the testimony of that other lawyer, who isn't even here. Vice Chair Gort: Excuse me. Wait, wait. He didn't interrupt you when you were doing your thing. Let him finish his presentation, and you'll get a few minutes for rebuttal. Mr. R. Alayon: Thank you, Vice Chair. Mr. Diaz de la Portilla: Objection. Mr. R. Alayon: The reality here is I haven't objected to a lot of things, so I'm just going to make a blanket objection. I object to all the hearsay he's put in the record. Vice Chair Gort: Fine. Mr. R. Alayon: The only testimony that I've heard on the record was the limited testimony from their traffic expert, which again, we weren't allowed to cross - City of Miami Page 64 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 examine. The reality here is we can sit here till the cows come home, looking at traffic reports back and forth, but we can't ignore common sense, and that's what you're being asked to do; to say -- give them the rezoning. The rezoning is not about three floors. If it were about three floors, I'd tell you today, Mr. Vice Chair, that we are not unreasonable people. We would have agreed to the three floors. It's about the easement. Why is it about the easement? Because there's litigation pending about the easement. They want the City of Miami to go, "I bless your development plan, I bless your site plan, and you can go ahead and" -- 'you have a vested right and a permit to build this, " and now the City of Miami gets dragged into our litigation with Blue Lagoon. I don't know what else to do. I don't know what else to say. I would appreciate you allowing my son to address some of the more technical issues, which I hope he'll do quickly. Thank you for your time. PatrickAlayon: Thankyou, dad. Commission, it's my -- Vice Chair Gort: There's good family relations that exist here. Mr. P. Alayon: It most definitely is. It's a pleasure working with my father. But I'd like to get straight to the heart of the matter, and I want to address specifically the issue that -- of what happened since the first reading till today. Specifically, I'd like to address what was said at the end of the first reading about meeting, about neighborly discussion, and about coming to an agreement that both sides could live with. I just read the minutes yesterday, Commissioner Gort, and I recall you mentioning that we should meet; we should make efforts to meet; we should make efforts to come to an agreement that we can both live with, and we should make efforts to come to a concrete agreement. Now, that was on December 13, I believe was that meeting. The last meeting we had between our clients was on December 10; that was before that meeting. Now, what's happened since? Well, after December 13, we did not receive a call to meet. So on January 22, I sent a letter, of which I copied our -- the Commission, and I sent it to the applicant, requesting a meeting, and requesting attempts to put our agreements into something concrete so that we know what we're getting into. I got a response in an email. I guess -- our email server was having issues that day, but I assume it was right before the hearing -- that everything in the letter about meetings was wrong, and that it was going to be addressed. Nowhere in that letter -- in that response were we offered a meeting. Now, at the January 24 meeting, this item was continued, and I was told that we were going to have a meeting, and that I was going to -- the applicant was going to reach out to us to have this meeting. And -- allow me to gather the timeline. On February 12 -- excuse me -- on February 12, I sent an email to the applicant, following up on that request for a meeting, because I hadn't heard anything. I was then told that the applicant would set up the meeting. On February 22, the meeting had not been set up yet, so I then sent a follow-up email, asking, "Are we going to meet? If so, when?" I got an email response yesterday, saying that there was potentially a -- a potential to meet prior to the hearing today to receive a -- offers of compromise. I said, "We are always open to meeting to assess and talk in good faith about proposals for compromise, because we're not here as neighbors to stop development." We understand the property owner has right to develop. We're not here to stop them. We just want -- we have rights, too. We're neighbors. There's over 600 units in Blue Lagoon. That's --two persons a unit --about 1,200 residents. They have rights, too. They want to be heard, and they want to know that what they're being told is going to be followed. They want concrete proposals for settlement; good faith. And so, in that vein, I responded to that email yesterday, saying, "We are always open to sit down and discuss proposals. I am available before the meeting. " But I never received a response back, and here we are. So ladies and gentlemen -- Commissioners, we are here seeking in good faith, working together with our neighbors to achieve a development that works for both, but we can't work together if every time we ask for a meeting, we don't get one. So I ask City of Miami Page 65 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 that you consider in your deliberations on this item the rights, the faith, and the hearts of the 1,200 residents that live directly to the west of this development, and must pass through that easement every single day, just to access their homes. Thank you for your time. Vice Chair Gort: Okay. Chair Russell: Sir, are you seeking a -- Mr. Diaz de la Portilla: Rebuttal? Chair Russell: -- concession or a denial? Mr. P. Alayon: I'm seeking a meeting. If what it takes to get a meeting is a deferral, fine. If what it takes to get a meeting is a denial, fine. But we need to be heard, Commissioners. We need to be heard. Vice Chair Gort: Are you finished? Mr. P. Alayon: I'm done. Thank you. Vice Chair Gort: Thank you. You got two minutes. Mr. Diaz de la Portilla: Thank you. And I want to very briefly address that whole easement issue, just very briefly, because it's been thrown out there as a tactic to distract the Commission. It was well demonstrated that every single document that they have, every single document that is in the public record regarding the easement very, very, very clearly says that it's a non-exclusive easement. So what is an easement? They have an easement for ingress and egress over our property. Let me say that again. The property that they use to enter into their building is our property. It belongs to Mrs. Weiss. It belongs to the folks who are here as the applicants today. They have an easement solely for ingress and egress through our property, and it's a non-exclusive easement. And by the way, their Declaration of Condominium clearly says, "non-exclusive easement. " The Declaration of Easement, which is a public record document, says, "non-exclusive easement." And the litigation that they're talking about, which, by the way, they haven't even prosecuted aggressively, but have, you know, delayed and delayed and delayed -- in fact, they had a hearing on February the 15th, and they cancelled it -- on the litigation over the easement. They cancelled it the evening before, and there seems to be more and more delay. And so, I have the litigator who's handling that, Mr. Brian Dervishi here, who will testify under oath, subject to cross-examination, at any point about how that litigation is nothing more than a diversionary tactic, and how the whole easement argument is a diversionary tactic. The laws of easements is very clear, and we discussed it last time we were here. Just because I give you or them or anybody an easement over my property does not take the property away from my ownership, nor deprive me of the right to use my own property to access my property. That's easement 101. That's an issue that they can't win. And I think that every document that has been presented here has been shown to you, and you've read it, and you've seen, "non-exclusive" over our property. That's not even -- you know -- that's a non-starter. Now, they talked about, you know, the traffic study and this and that, and what have you. We -- our traffic expert testified. We introduced our traffic study. They talked a lot about, "Oh, we want to cross-examine." Did you hear any cross-examination? Let's talk common sense. There was no cross- examination. They waived cross-examination, and the reason is they didn't have anything to counter or to rebut or to contradict what the only traffic report that has actually been done that takes a look at the project as a whole, including the improvements said, so that's why they waived cross-examination, that's why they City of Miami Page 66 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 didn't have cross-examination, that's why they chose not to cross-examine our expert. Again, their traffic study and report doesn't even take into account any of the improvements. It's sort of silly to say, "Okay, here's the traffic now. We're going to build a building, no improvements, " and traffic is worse, of course. They didn't take into account the improvements. And again, the litigation is a diversionary tactic. Now, as far as, you know, the issue, they tried to make some kind of argument there regarding the trolley, and this and that. The trolley is a commitment to the City to place a trolley where the City says it makes sense, okay? It could be on 7th Street, it could be inside, it could be anywhere the City decides, and that's to be decided in the future. That's not part of a site plan. That's part of the Declaration of Restrictions. And the Declaration of Restrictions is binding and is being offered voluntarily. And again, the Public Benefits Program and everything that I went over is something that we don't have to give a Declaration of Restrictions. We're giving it voluntarily. That's before you. Now, let's talk about meetings and communications, and what have you. The issue and the reason before you --and I want -- in fact, I invite you. I want your guidance and your advice, Commissioners, on this. Mrs. Weiss made a very, very generous offer to the folks at the Blue Lagoon Condo Association, and it was put in writing, and it was a concrete offer. And, in fact, it was submitted before my time, before I had this matter, but it was submitted to the -- Rick and to Patrick Alayon, and it was signed by Mrs. Weiss, and basically, it talked about improving the easement, which we are doing and proffering right now; improving by adding the additional lane. It talked about signage. It said, "7" -- meaning the applicant -- "will" -- "during the construction of its project act" -- "add directional signage to motorists, " at 7 construction's project. It talked about costs paid by 7 for all of these improvements that they could use. It talked about even helping them with something that they had asked for, which was a new parking garage. Now, they asked for a new parking garage. They want to talk concrete. That's concrete, it's made of concrete. Anyway, the -- so they -- we -- the Weiss group of companies, Mrs. Weiss, at their request, "Can you help us build a two-story parking garage?" offered to build a two-story parking garage, at their request, and it said, 7 will build a garage at its own cost in exchange for the receipt of income derived from the use and rental of the spaces in the new garage until such time as the construction is paid back to 7. " In other words, "We'll build it, we'll pay for it, we'll front all the money. You don't have to pay a penny. You don't have to pay interest. You get to use it exclusively, but they do charge for parking, so let us recover the cost over time. " And by the way, that could be 30 years, 20 years, and what have you. And in return, what Mrs. Weiss got -- and this is the reason why we're at an impasse, and out of the five homeowners association, there's only one here today objecting -- this is the reason why: Because they would like for us to build that parking garage, which is about an $8 million ticket item, and give it to them for free. And so, that was the response that Mrs. Weiss got, and that's why we are at the impasse that we're at. And so, that's why, in a letter dated June 15, 2018, from Mr. Alayon to Ms. Weiss, he said as follows: "Contribute to the capital of the association, enabling it to build a needed parking garage provoked some thought, especially if it involves a lump -sum payment to the association, enabling it to control the building of the parking garage. " And then on Page 4 of 5 -- and this was before my time. Again, this was not sent to me. It was sent to Ms. Vicky Leiva, who was the attorney at the time -- "New parking garage capital contribution necessary to build an additional parking garage, to be located on the association's property. Current rough estimates indicate that such a parking garage will cost 3 to $5 million" -- it's actually $8 million. "Further, your client must: One, agree to include in its capital contribution all associated costs, including permit and plan costs. Two, agree that the association have the right to select the architect, engineer, and contractor. Three, agree not to seek repayment for the cost of constructing such a garage from the association, either from parking revenue or otherwise. And four, agree that the association will obtain the right to keep any and all revenue generated by the parking garage. " Now, for the sake of completeness and fairness, I will give you the full letter so you could read it. I've City of Miami Page 67 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 highlighted these portions. But that's why we're at an impasse, because it seems that the only concrete proposal they want is the concrete of a free garage. Vice Chair Gort: Okay. Mr. Diaz de la Portilla: And we can't do that, and we won't do that. And this is where we want your guidance, because, again, we are willing to work with them. In fact, personally, I like Rick and I like Patrick even more. They're fine young men, and I think Rick is a young man still, as well. But we can't enter into an unreasonable deal. And the reason, Commissioner Gort and Commissioners, that you don't see the folks on the east of us, nor any of the other three -- other four associations here today objecting to our proposal to build exactly the density that we can build as of right, exact -- less than the FLR that we can build as a right today, without the rezoning, is because we're having productive conversations with those folks to the east to create win-win scenarios; win-win scenario that works for all sides; not something that is just a one-sided deal. And so, that's the issue and the reason for the impasse. Now, I will tell you my client is an elderly lady. She -- her mind is as sharp as a tack, but she is 82 years old. She has health issues. She's had health complications this last month. It's been rough; it's been rough for her. But she doesn't want to do anything that is wrong. She wants to do the right thing, and she wants you to do the right thing, which is approve a project that is, in essence, an as -of -right project. And the only reason you're being requested to change the zoning is to get three additional stories to make a better design. That's it. Vice Chair Gort: Okay. Mr. Diaz de la Portilla: That's what we want. We were approved on first reading unanimously. We were approved 7-0 by the PZAB. We'd like your vote on second reading, Commissioners. Thank you. And I see that there's a suggestion -- Vice Chair Gort: Thank you. Mr. Diaz de la Portilla: -- at the absence of a quorum. Vice Chair Gort: No, no, we do have a quorum, and I'll now close the public hearing, okay? Now I'll close the public hearing. I'm going to take over now, okay? Now, let me tell you something. This project, I think it's very well designed. When you look at what they can actually do, they can build that without any permission or any negotiation with you all, or -- and it would be a terrible -- and it would be the same amount of traffic and the same amount of building apartments, and so on. The biggest problem we have had in here from the beginning, which I told you, I said, "The biggest problem is, first of all, the easement; the easement not only to the property to the Blue Lagoon, but the easement to the Sunset 3." That's a problem that was created. But they own all those land. They sold a portion of the land, and they kept the middle part of the land, which is fine. It's a good business decision, but at the same time, the easement was something that was very important for both parties. I can see the improvements that are going to take place in the easement. Last time you were here, I says, "Get together with these people. Let's come back with something. " You have not come back with anything. And really, you keep telling me all the time, "Oh, we got it. We got a negotiation," but I don't have anything in writing. So I would like to -- do we have any of the volunteer covenant? Mr. Garcia: It's all on the record, Commissioner, yes. Vice Chair Gort: What's the new covenant? City of Miami Page 68 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Mendez: So there's a covenant that's been given that was given at the last meeting, correct, Francisco; the one that was submitted? But there have not been any changes? Mr. Garcia: There have been no changes to the covenant, vis-a-vis what we had on first reading, sir. Vice Chair Gort: That's the original covenant from the first reading? Mr. Garcia: That's correct. Vice Chair Gort: There haven't been any other volunteer covenant? Mr. Garcia: No, sir. Ms. Mendez: No. Vice Chair Gort: Okay. Well, let me tell you why -- Mr. A. Alayon: There are, Commissioner. Vice Chair Gort: I'm going to defer this, and I'll give you a chance. Let me ask a question of our Planning Department. Can we have a meeting among them, and have somebody from your department present, also? Mr. Garcia: I'd welcome that, sir. Vice Chair Gort: Because I want to make sure it's a fair deal. Mr. Garcia: I would welcome that; yes, sir. Vice Chair Gort: Okay. Could you do that? Mr. Garcia: Yes, sir. Vice Chair Gort: Make sure that they have a meeting and they get together, okay? And then I want some kind of a letter, the commitment that you have made to the Sunset 3, all right? Chair Russell: Is that a motion to defer? Vice Chair Gort: That's a motion to defer with the following request, okay? You got it? Unidentified Speaker: Got it. Chair Russell: There's been a motion. Is there a second? Commissioner Reyes: Second. Chair Russell: Motion and a second to defer. Mr. Hannon: Chair, my apologies. Is that to March 28? March --? Vice Chair Gort: Yes. Mr. Hannon: March. City of Miami Page 69 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Vice Chair Gort: They should be able to get it done. They've been working on it for three or four months. Mr. Hannon: Thank you. Vice Chair Gort: Okay. Chair Russell: Is there anyone from the public who would like to comment on the deferral on this item? Mr. P. Alayon: Chair, I'm sorry; if I may just beg your indulgence for one second to make the record a bit clear? Commissioner Gort, are we, as Blue Lagoon, invited to this meeting with the Planning Department, as well? Vice Chair Gort: Excuse me. What I said is for them to meet with you and make sure that we have somebody from their staff at all those meetings to make sure we get all the right information, because you're saying something in here, they're saying something different, and you contradict each other. So I want to make sure I have somebody from the City in the -- present during those meetings. Mr. P. Alayon: Thank you. Mr. R. Alayon: You're welcome -- thank you. Chair Russell: Thank you. Once again, is there anyone here from the public who would like to speak on this item? Seeing none, closing public comment. Any further comment from the dais? All in favor of the deferral, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. R. Alayon: Thank you very much. Chair Russell: Thank you. Mr. Diaz de la Portilla: Thankyou, Commissioners. City of Miami Page 70 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 PZ.2 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI AYES: COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION Note for the Record. Item PZ.3 was deferred to the April 25, 2019, Planning and 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record. Item PZ.2 was deferred to the April 25, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.2, please see "PZ Order of the Day. " PZ.3 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT - ABSENT: OPEN, TO 76-8-0," URBAN CORE TRANSECT - OPEN, FOR THE Note for the Record. Item PZ.3 was deferred to the April 25, 2019, Planning and PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record. Item PZ.3 was deferred to the April 25, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.3, please see "PZ Order of the Day. " Citv ofMiami Page 71 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PZA ORDINANCE First Reading 4414 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Chair Russell: Commissioner -- the Commissioner for -- PZ2 and 3 have been deferred. Commissioner Reyes, PZ.4 and S are your item. PZ.6, 7, and 8 are Commissioner Hardemon's. He's not on the dais. Commissioner Gort has another one regarding amusement rides. You have PZ. 4 and S, Commissioner Reyes. Would you like to take --? Commissioner Reyes: PZ. 4 and S? Chair Russell: Sorry. You have the amusement rides. Commissioner Reyes: Okay. Chair Russell: Would you like to do -- Commissioner Reyes? Commissioner Reyes: That's right, yes. Commissioner, how you doing? Chair Russell: And you are? Cesar Maestre: Good evening. Cesar Maestre, on behalf of PZ. 4. Chair Russell: Very good. Please. Mr. Maestre: I have law offices at 7600 West 20th Avenue, Suite 220, Hialeah, Florida. With me here today is Mr. Jose Sobero; and our planner, Mr. Rick Ruiz. We're here before you today -- something that's not as sexy or as controversial, I hope, as the ones that you've had earlier today. The property that we're asking for, the change is 1015 Southwest 29th Avenue. It's an interior vacant lot right now. It is presently as a duplex residential. We're asking for a change to medium density multifamily residential. We're also asking for a rezoning from T3 to T4 -R. Chair Russell: We need to swear you in with the Clerk. City of Miami Page 72 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Maestre: Oh. Chair Russell: Thank you. Todd B. Hannon (City Clerk): Good evening, ladies and gentlemen. If you will be speaking on Items PZ.4 and S -- PZ.4 and S only -- may I please have you stand and raise your right hand? PZ.4 and 5 only. 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. Mr. Maestre: Thank you. Chair Russell: Please proceed. Thank you. Mr. Maestre: No problem. We're asking for a land use change to medium density multifamily residential, and a zoning change from T3-0 to T4 -R. We are not going to be maximizing on either density or height. We are only proposing a two-story multifamily building. The first story will be one apartment that is one bedroom, one bath, with parking spaces. And the second floor is five units of two bedrooms, one bath. We are not asking for any variances. There's been a declaration that has been proffered. There is no opposition. As a matter of fact, we did a community outreach with the owner, and we got a petition that was signed by 19 of the residents of the area. We also got 25 signatures on the site plans that was proposed of the neighbors that are in agreement with this. At the PZAB (Planning, Zoning and Appeals Board) Board, we got a unanimous vote of approval. The biggest contention that your planner had was that the proposal was not consistent with the neighborhood. However, we have our planner here today, which will point out our disagreements with them, and why we believe that the project is consistent with the neighborhood, so I will call upon him at this time. Chair Russell: Gladly, I will certainly defer to my Planning Department for their advice, but I welcome your opinion, of course, as well. Commissioner Reyes, you had a comment? Commissioner Reyes: Yes. I know precisely where that -- there's an empty piece of land, and the adjacent buildings, they are two-story building, just like his, and I don't see why it's not -- I mean, does not agree with it. I move to approve this. It's a motion. Chair Russell: There has been a motion to approve. Is there a second? Vice Chair Gort: Second. Chair Russell: There is a second. Director Garcia, your department recommended for denial. Could you explain, please? Francisco Garcia (Director, Planning): Yes, sir. Thank you. Very briefly. And I think, to agree with the applicant, to some extent, at the Planning, Zoning and Appeals Board meeting, the conversation led to what I believe was essentially a proffer by the applicant to retain the height of the proposed structure to two stories - Mr. Maestre: Correct. City of Miami Page 73 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Garcia: -- which would render it compatible with the buildings around the -- in the neighborhood, and to a limit of six units. And if it is the case that the covenant that was proffered has been amended to incorporate those items, then I believe it is true, as Commissioner Reyes said, that the structure, resulting structure would be compatible with the neighborhood's character. Chair Russell: So based on those changes, you would be amenable? Mr. Garcia: That is correct. Chair Russell: Thank you. And Planning and Zoning Appeals Board was 8-0. We have a motion and we have a second. Any further comment from the applicant? Mr. Maestre: We'll be glad to make the changes, but I believe they were already made, and we incorporated the proposed site plan as part of the declaration. Chair Russell: See, you started off thinking he disagreed with you, and he didn't. Mr. Maestre: I'm sorry? Chair Russell: You started off thinking he disagreed with you, and he didn't. Is there anyone else from the public who'd like to speak on this item that's been sworn in? Hearing none, I'm closing public comment. Any further comment from the dais? Commissioner Reyes: No. Chair Russell: All in favor of the motion, say -- Victoria Mendez (City Attorney): Sir, the title. Chair Russell: I apologize? Ms. Mendez: The title. Chair Russell: Oh, it hasn't been read yet. Thank you. Ms. Mendez: Thank you. PZ.4. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Please go ahead and read PZ. S, as well. Ms. Mendez: PZ. S. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Is your motion on PZ.4, or PZ.4 and 5? Commissioner Reyes: PZ.4 and S. And— Chair Russell: Do you need us to do them separately, Clerk? Mr. Hannon: No, no. I just want to make sure that the public hearing was opened and closed for PZ.4 and 5 for the record. Commissioner Reyes: Yes, sir. City of Miami Page 74 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: I'll make sure. Commissioner Reyes: But I want to make sure that you are going to comply with modifications that Mr. Garcia asked for it? Mr. Maestre: I believe they were already made. If they have not been made, we agree with them, yes. Commissioner Reyes: You -- okay. Make sure they are, because you have to come back before its, and I want to see them changed. Chair Russell: All right. So the motion's on PZ.4 and 5. The seconder agrees. There's no further public comment on either item? Hearing none, all in favor of the items, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Maestre: Thankyou. PZ.5 ORDINANCE First Reading 4415 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 73-0," SUB -URBAN TRANSECT ZONE - OPEN, TO 74-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1015 SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record. For minutes referencing Item PZ. 5, please see Item PZ.4. City of Miami Page 75 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 PZ.6 ORDINANCE First Reading 4668 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING 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 DESCRIBED IN EXHIBIT "A," ATTACHED 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 FLOOR LOT RATIO ("FLR") 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. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article H, Section 2-33(k), Miami City Code, item PZ.6 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. Chair Russell: Let's go ahead with -- Commissioner Hardemon, if you are ready for PZ.6, 7, and 8? And then after that, we have just PZ.9, and our PZ (Planning & Zoning) agenda will be done. So PZ. 6, 7, and 8. Do we have a presentation on this? Let's start by swearing in anyone and everyone who may be commenting on this subject, please. Todd B. Hannon (City Clerk): Good evening, ladies and gentlemen. If you will be speaking on Items PZ. 6, 7, and 8 -- that's the Magic City SAP (Special Area Plan); again, Items PZ.6, 7, and 8 -- may I have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. We have a presentation on this item? City of Miami Page 76 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Neisen Kasdin: Chair Russell and members of the Commission, Neisen Kasdin and Ben Hedrick, of Akerman, representing the applicant. We provided you with a presentation at the last hearing back in November, as well as -- as you know, there was a long and full public hearing, as well. So we are prepared to present again, but if -- perhaps in the interest of your time, that might not be necessary. That is your choice. Chair Russell: Have there been developments between then and now? Mr. Kasdin: Yes, Commissioner. And we left the meeting in November, based on a direction and comments from the district Commissioner, Commissioner Hardemon, that a better -- that more could be done with respect to community benefits. And so, what our team has done has been worked -- we have worked with Commissioner Hardemon's office on coming up with a revised program of community benefits that would be incorporated in the Development Agreement, and substitute the existing provisions. I will tell you that by any measure, it is a much more robust and more expensive package of community benefits. And so, I would defer to Commissioner Hardemon to explain those to the Commission and to the community. And so, with respect to that, if we can proceed on the basis, and which I believe will be outlined, I will have some additional matters to enter into the record in terms of correcting scrivener's errors and revised Regulating Plan, and Development Agreement to reflect the community -- the new community benefits. But I would defer to Commissioner Hardemon in terms of how we'd like to present that. Chair Russell: Thank you. And the new community ben -- do we have --? We don't have that in our backup, correct? That is being proffered today? Mr. Kasdin: Yes. Chair Russell: Okay. Commissioner Hardemon: I thought I -- Did I make a Jennings disclosure last time? I think I did. If not, I'll continue the -- a continuing Jennings disclosure, basically, that says that I've met with a number of different individuals that represent both the developers, and also members of the community to discuss issues that they felt were important to them regarding these issues, so I think everyone understands that. We made it very clear that that was going to happen, as well, at our last meeting. So first, I want to start by -- we're talking about community benefits. So community benefit agreements basically started when there were lots of different large-scale developments that were happening within certain communities. So you -- most of the time, it was some sort of sports arena, high-rise projects, et cetera, and they allowed, basically, the community to negotiate with these developers in order to get some sort of benefit out of them. Most of the CBAs (Community Benefits Agreements) that existed beyond, say, for instance, what we do here in South Florida, they all were tied to some sort of public give. There was always a -- there was a tax give, tax breaks, things of the nature that gave that public entity something. And so, the people that were surrounding the area wanted to have some sort of return, if you will, for what was given by the government. And we know that development can produce many positive outcomes for communities, such as government attention, increased services to the neighborhood involved in the development, entertainment, increased tax base, and increased property values. However, we're also very aware that increased development can cause issues like gentrification. And, you know, the one thing -- I want to say this definition of "gentrification, " generally, because a lot of people misunderstand what it's all about. People think that it's usually about color. Gentrification is not about color. It's not about race. It's about class. It's about earning potential. So generally speaking, "gentrification" is the influx of more City of Miami Page 77 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 affluent residents into a space where people were less affluent, and it changes the demographic of the area, causing the previous residents to relocate. Typically, it's because of the amenities that are bought with that redevelopment. So now you move into the area. We put a Starbuck's and a Whole Foods, and you get rid of the --from - - if you're from Miami, we call it a washhouse, which is a laundromat, for those who've never been to one. But a corner store -- right? -- is replaced with -- a corner store is a convenience store, where you're going to spend a significant amount of money for afresh fruit, or you probably won't be able to buy fresh fruit at that space. So there are just certain products and certain services that are provided in lower- income communities that have no purpose in a community that is more affluent. And so, the displacement causes many residents who can no longer afford to -- especially rent in those communities. Typically, the larger displacement is because of the base of the rent, because if you own in a space like that, you can still maintain your home. If you're renting, typically, because the value of the lease increases, you're moved out. And so, any time you have large developments, you have the potential of increasing the rents in the areas. And we know throughout the United States and other places around the world that the cost of rental housing is increasing rapidly. And so, knowing this, we looked at this opportunity here with this project. We thought to ourselves, "What can we do in the City of Miami to create community benefits?" Not public benefits; they're very different. A public benefit can be bettering the streets in the neighborhood; it could be planting trees. It could be a number of different things that cause a public -- the public to have a better experience with the neighborhood. But I really consider community benefits to be an opportunity for some things that are beyond the norm, things that are -- something that can really give a helping hand to those who are a part of a neighborhood, who've traditionally always been there, to give them an opportunity to really -- to exist in a space and feel welcomed there. And so, the first thing I'd like to say is that I'm happy that Magic City decided that -- they thought it was necessary to come up with a community benefit that made sense. In our community, in Little Haiti, there were a number of entities that were excited about the opportunity to meet and discuss with developers the potential benefits that could work for their community; many of them did do just that. And some of them created their own, really, community benefit arrangement. But the problem with community benefit agreements with community members that are not with the government is that many times, across the nation, they lack enforceability. And so, we've seen in other places where the community organization just did not have the wherewithal to challenge or to enforce the document that was provided to them. And so, when you partner with the government, the government has the resources that's necessary to ensure that people are not taken advantage of. The government has the resources necessary to hold someone's foot, really, to the flame, to the fire. And so, in this arrangement, I mean, we've met with a number of different people from the Little Haiti community, and I'm excited that although it was not always easy, we've all come to an accord where we believe that if there -- if this project is to move forward in this community that this community benefit is going to be something that we can all stand behind. And so, there was a community benefit that was arranged and -- on a high- level scale of things, and I'm sure this is probably going to be reduced to writing, that it's going to be produced before our second reading. There is an agreement with the Little Haiti community where there is going to be a contribution from Magic City to the tune of $31 million for the benefit of the Little Haiti community. The $31 million is not going to all come at one time. $6 million of this $30 million is going to be an upfront payment, essentially due within 180 days or so from the time that this is -- that the Special Area Plan, if it is passed -- it is passed, and it is not one that can be appealed. Of the $6 million -- with the $6 million and what comes thereafter, is going to be put in trust for the Little Haiti community. And so, what that means is that there's going to be legislation that's going to come before this body that's going to create a Little Haiti Community Revitalization Trust. And what we will do is we will appoint members of this body to that board. That board is going to consist of people from the community, and they're going to discuss different ways that the monies that City of Miami Page 78 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 are available can be used for that community. They vote; they determine the priority; they make a recommendation; they provide it to the City Commission, and the City Commission can either affirm or deny, you know, really, that recommendation, because it gives us the checks and balances that we need to ensure that the money is being used the right way for that community. Some of the ideas that you have for use of those funds will be development of affordable workforce housing, community educational programming, local and small business development, local workforce participation, a -- hiring programs, beautification of Little Haiti, and -- amongst some other things. One of the major issues that we've been talking about, not only in this community, but in other communities, is whether or not there is going to be affordable housing that's available to people. Something that was mentioned in one of my meetings before that -- there was a gentleman that brought up vacant lots that are in the possession of the City of Miami, and they're generally held by CDBG (Community Development Block Grant). I know the CDBG Department is probably listening at this point. But many of these properties were actually held in trust. There's -- some of these were in the Liberty City Community Revitalization Trust before they moved to the CDBG. And so, I'm saying this on this dais, because part of the power of a community redevelopment trust -- I'm sorry -- of a revitalization trust is what it has; if it has money, if it has land. If it has those two things, it can create a true value for the community. And so, what I envision -- I'm not on the board -- but what I envision is that we can empower a place like Little Haiti with as much as $31 million and with land so that they can create affordable housing for themselves. And the way that I envision it is that, one, in Little Haiti -- in parts of Little Haiti, there's a need -- well, we know that they have multifamily housing; duplexes, triplexes, et cetera. So the density is relatively high on smaller lots. We know that there's lot of land that's being bought to cause Special Area Plans, et cetera, to move forward. And so, what we can potentially have, if everything lines up, is the up -zoning of smaller lots of land where they're allowed to have quad plexes, where you also then have -- the City of Miami has government-owned land, and where we can use some of these dollars that are there in this type of Trust to cause the development of properties in that area. And if the City of Miami is, you know, participating in this, you can almost build to cost, because we don't need to make a profit. But what we can do is we can sell those properties so that people have ownership in the community. Now you have quad- plexes where people have ownership, and you can ensure that they have some affordable housing that will remain affordable and not fluctuate with the market as the area median income increases. And if we're able to do that -- and every time someone sells a property, we get our money back that we invested in it, and we build more; and we get it back, and then we build more. And the idea is to create, one, housing that's owned by people who are indigenous to that land. If those people are Bahamian, if those people are Haitian, you know, you don't know. You know, you don't -- you don't know. But we do know that there are lots of people who are -- who left Little Haiti that would love to come back, or who want to live there, who want to remain there, and we want to be able to effect that sort of ownership in Little Haiti, and just ensure that it's not occupied by people who mean the best for the City of Miami, but just are not reflective of what the neighborhood once was. And so, I appreciate that Magic City would help us along this way. And this is -- it also serves as really a notice, and this is probably one of the biggest gives that we've had when it comes to an SAP, ever, in the City of Miami. And to go to a neighborhood like this is tremendous, because this is a neighborhood that has needed the benefit of new dollars into its community. And in District S, we fought very, very hard to always being new dollars into our neighborhoods. You know, I like these dollars, because they're not restricted in the way that other dollars, through the Federal Government or whomever else, are restricted; that the community has a real opportunity to assign these dollars to the best way they see for it. I don't -- I wouldn't think that the community would squander its dollars, because then that's why we're here; to ensure that it's safeguarded. But I would hope that whomever becomes a member of the Revitalization Trust for Little Haiti really truly understands the mission that is there; City of Miami Page 79 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 that this is a way that you can help rebuild and maintain a community of people that are there to watch the culture of this place called Little Haiti really flourish. There are a number of different individuals that played a major part in getting some of these dollars assigned to this development, but in the spirit of making this, you know, one move, one mission, one people, moving toward what we're trying to do, I'm just going to describe, you know, where we are. And so, the community benefit that's been negotiated at this point is something that I've been told by members of the community that reside, that work, and that make Little Haiti a better place to be; said that this is something that is acceptable to them, to be used to really thwart the effects ofpossible gentrification, because of the effect of Magic City in Little Haiti. And so, we know there is the minutia of the details that are going to be included in the Development Agreement, along with the Community Benefit Agreement; that is all going to be traveling together. And we know what the spirit of the deal is, and what the major points of the deal is. And so, with that, I would move that we accept the item and approve the SAP, inclusive of the Community Benefits Agreement and of the promises that Magic City has made to the residents that live and work within the Little Haiti community. Chair Russell: There has been a motion. Commissioner Reyes: I will -- Chair Russell: Is there a second? Commissioner Reyes: Yes, I'll second it. Chair Russell: Really? Okay. So there's a motion, there's a second. I -- this is really big news, this amount of money coming to a community. I want to certainly understand exactly what this means. If we get this right, it's tremendously beneficial for a very needy neighborhood. If we get this wrong, what I was talking about just a couple hours ago of the slow creep of gentrification and displacement could be absolutely -- Unidentified Speaker: Catastrophic. Chair Russell: --astronomically faster through a project of this size. So I want to make sure we get it right. Is this -- is the -- is this being proffered as a covenant between first and second, or is this being proffered now as an amendment to the first reading? Mr. Kasdin: Mr. Chair and Commissioner, if I may? Chair Russell: Please. Mr. Kasdin: We have documents to submit, which encompass the specifics that Commissioner Hardemon, I think, has -- Chair Russell: Got it. So that's what this is being passed out now. And this is the Benefits Agreement. So -- Mr. Kasdin: If I may just -- Chair Russell: Yes. Mr. Kasdin: -- with permission? And first, I know I speak on behalf of ownership, which is -- much of which is here tonight, including the lead, Neil Fairman, and our entire team, in commending and thanking Commissioner Hardemon for this very City of Miami Page 80 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 thoughtful and visionary proposal of how to benefit the Little Haiti community. I seem to -- I remember when there was -- I think last time we came before, there was a bemoaning of the fact that CDBG, Community Development Block Grant Funds, which used to be such an important funding source for projects like this, had been eliminated over the last few decades. What Commissioner Hardemon has negotiated is the most generous, current benefit package that any SAP has provided. With that -- and I would reiterate, I think, as you all know, as well, this project is of such great economic benefit and provides so much opportunity for the community. Now Commissioner Hardemon has made sure that all the impacts are taken care of and considered. The three things we are adding, just to be clear, that I passed out, which has been distributed before: One, there were scrivener's errors in the SAP and Development Agreement that were provided on November 15. Number two, we are providing the revised Development Agreement, which incorporates the community benefit provisions that Commissioner Hardemon has laid out, which also will replace the -- among other things -- well, specifically, will replace the provision of affordable and workforce housing, separate and independent from that. This pot of money will do what Commissioner Hardemon has -- provides. I would also let you know that we are getting no credit towards anything for the additional green space and other things that previously were going to be credited against, and be able to be used for bonus floor -lot ratio. In this instance, floor -lot ratio is a matter of right, but there are $31 million in payments that must be made to -- towards obtaining and utilizing all of those rights. So that's what's before you; is the scrivener's errors corrections; the revised Development Agreement; the revised Regulating Plan, which also reflects those changes. And with that, of course, we request your vote. Commissioner Reyes: Mr. Chair? Chair Russell: Thank you. So --yes, Commissioner Reyes. Commissioner Reyes: Yes. I got to commend Commissioner Hardemon, because this is a good deal. And we are -- it is our duty as elected official to oversee that these -- the funds are going to be used effectively -- Chair Russell: Yes. Commissioner Reyes: -- you see? But I want to include in the benefits something that concerns me, and I think that will help the community, and it is the employment of residents. You see, give them priority when in the construction phase of the -- of all this big project. Include as many residents as possible, even -- and also -- and we had this conversation before and -- that even those -- in those instances that you have a need for an employment and they -- you don't find people that have the training that -- for you to provide training through some of the technical schools or the -- or Miami - Dade Community College, whatever, in order to employ more residents of -- Little Haiti residents or minority residents as possible so they could benefit, and they don't - - they could -- those affordable housing that is going to be built, they will have the source of income that they can either buy it or rent it. Mr. Kasdin: Commissioner, we have committed to both of those requests, which are incorporated in the Development Agreement. Commissioner Reyes: And another question: You don't have anything to do with Magic City Casino? Mr. Kasdin: No. Different -- Commissioner Reyes: No, because -- City of Miami Page 81 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: -- sometimes -- Commissioner Reyes: -- I was thinking, well, maybe you want to open up, and that is a different story. Vice Chair Gort: Mr. Chairman? Chair Russell: Yes, Commissioner. Vice Chair Gort: Thank you. My understanding, part of the benefits is going to be educational program -- Commissioner Reyes: Yes. Vice Chair Gort: --for the community to make sure -- because a lot of times, we have people coming in and says, "Yes, we're going to employ within the community," but unfortunately, a lot of the people are not qualified for some of the jobs. So I want to make sure that through your meetings and all that, they do qualify. People make sure -- and especially with the new changes that's taking place today. I mean, this is very important. Today, if you don't know how to handle any of this, you're not going to get a job. You're not going to get a high paying job. And this is where it all comes together. At the same time, my understanding is you got a lot of homeownership, because to me, homeownership is very important. Commissioner Reyes: Yes. Vice Chair Gort: And we have programs within the City of Miami that -- which is first-time buyers. They can get a lot of benefit in second mortgages and money upfront to do the purchase. So to me, that's very important to maintain the neighborhood, because what happens in a lot of our neighborhoods, people move out and they start rent them out. And then a lot of these houses, they're divided into four or five different apartments, so that changes the whole neighborhood. There's nothing like homeownership. Mr. Kasdin: I agree with you. Vice Chair Gort: (UNINTELLIGIBLE). Mr. Kasdin: I agree, Commissioner Gort. In my experience on both sides of the dais, people underestimate how important homeownership is in terms of stabilizing and maintaining a community. Chair Russell: So that -- what he's asking for is already in here -- Vice Chair Gort: Yeah. Chair Russell: -- or that's something we could consider? Vice Chair Gort: No. Everything's here. Commissioner Hardemon: So -- Mr. Kasdin: He's asking for -- Chair Russell: And what Commissioner Reyes asked for -- Mr. Kasdin: Is already in here. City of Miami Page 82 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: -- is already in here? Mr. Kasdin: Yes. Commissioner Hardemon: So I want to be clear, though. The document that you provided us today --right? --this is something that you just provided to us. This is a little further than the details that we discussed regarding the community benefits arrangements, right? And so, there are changes in here that I think are worthy of consideration. This is the Development Agreement, essentially, right? I want to be clear. So this is -- this document I have is the Development Agreement, and then part of it is also the SAP Regulating Plan? Mr. Kasdin: Correct. Commissioner Hardemon: So the SAP Regulating Plan -- The Development Agreement, I know is PZ.8. The SAP Regulating Plan, does that also travel with PZ.8, or is that apart of a different document? How would you consider it? Francisco Garcia (Director, Planning): That would be as part of PZ. 7. Mr. Kasdin: Commissioner, this was our redraft, revisions to incorporate what was presented. Obviously, staff and the City Attorney and your office further have to review, but we think that this captures that. Commissioner Hardemon: And I can -- I understand that. But part of my issue with it is that, you know, there are parts of the -- for instance, the SAP, that allow for increases, so, for instance -- I'm just going to read aline. "Mechanical equipment on roof shall be enclosed by parapets" -- say that word -- "of the minimum height necessary to conceal it and a maximum height of -- what is now I5 feet, when before, it used to be 10 feet. So there are differences from the --from that -- Mr. Kasdin: That's not -- Commissioner Hardemon: --and I'm assuming from the previous document. Mr. Kasdin: -- a recent change, Commissioner. That was back in November, that change had been -- What you're -- I think what you might be looking at is some cumulative changes that were presented in November, you know. Commissioner Hardemon: The document that I have says, "Draft, 2/22/19. " And so, my issue is this: So if you give me a draft that says, "2/22/19," I'm assuming that those changes were recently made, and that the changes that are underlined are going to be those that are recently updated; not from a draft from November. So let's look at the very first page. "Magic City Innovation District Special Area Plan." And we see all of those -- all the red lines where things have been inserted. Are you telling me that all of that is from November, or are you telling me that that is from 2/22? Mr. Kasdin: Okay. Commissioner, pardon me. The -- what you see there is -- The Regulating Plan reflects the changes to Miami 21 for this SAP. So when this was presented back in November, it showed all of these changes to the Regulating Plan. The only changes, Commissioner, to the Regulating Plan -- Commissioner Hardemon: I'm listening. Mr. Kasdin: The only changes to the Regulating Plan that are different than were presented in November were what you just described here on the floor, which is the City of Miami Page 83 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 creation of the fund, the method of the -- funding the 31 million, the -- and, of course, the change to the affordable and workforce housing, which is now supplanted by the fund, as well as the change -- and that change reflected in this Regulating Plan. Commissioner Hardemon: So I'm reading from the draft, 8/21/2018, and you are correct in that it appears that the same inserts, same underlined paragraphs are reflective on both documents. But what I want you to put your Bar license on -- Mr. Kasdin: Since the process started, Commissioner, I didn't even need glasses. Commissioner Hardemon: -- is that there aren't any, because I don't have -- I have not read through this document that you just gave me. Mr. Kasdin: I understand. But, Commissioner -- Commissioner Hardemon: So -- Mr. Kasdin: -- let me be clear, and for the record, when -- the Regulating Plan -- Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Hardemon: Sir, please. Mr. Kasdin: Allow me to be clear for the record. Chair Russell: What is it we're trying to clarify right now? Commissioner Hardemon: No -- Mr. Kasdin: Well, I -- Commissioner Hardemon: Go ahead. Mr. Kasdin: -- the Regulating Plan sets forth how the Special Area Plan regulations differ from Miami 21, so that is a series of strike-throughs and additions, and deletions. That's what the -- So what we just handed out now shows all of the -- Commissioner Hardemon: All of that. Mr. Kasdin: -- all of that. The only thing that's different from what was presented before in November are those items that relate to what Commissioner Hardemon set forth with respect to the community benefits and the Community Benefit Agreement, and also, how that's reflected in the Regulating Plan, which is basically the FLR and height, as a matter of right -- Commissioner Hardemon: Right. Mr. Kasdin: --providing the 31 million's paid. Commissioner Hardemon: So what I'll do is this: I know that there's going to be a number of items that need to be read into the record, because these are land use, these are ordinance, et cetera. But particularly, with the motion for the Special Area Plan and for the motion for the Development Agreement, the Regulating Plan for the Special Area Plan are going to include in the motion, when there is a motion, that whatever changes were in the draft of 8/21/2018, if they conflict with anything in the one that is titled, "February 22, 2019," that between first and second reading that the August 21, 2018 changes would apply; that's assuming if there are any changes. We City of Miami Page 84 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 know that there shouldn't be. The only changes would be just for the Community Benefit Agreement. Mr. Kasdin: And the other elements of the -- maybe a couple of cleanup changes, but that would be correct, Commissioner. Commissioner Hardemon: Right. No substantive changes is what I mean. Mr. Kasdin: No substantive changes. Commissioner Hardemon: And, you know, and 10 to 15, I consider that to be substantive. I know that's not one of them. I'm just describing, when you're changing from one height to another height, if there's a difference between one document and the other, that is a substantive change, is what I'm saying to you. Mr. Kasdin: Right, as was expressed. The only change from what was presented in November of substance is -- Commissioner Hardemon: Is the CBA. Mr. Kasdin: -- the Community Benefits Agreement -- Commissioner Hardemon: That's what I expect. Mr. Kasdin: -- and the fact that the height and FLR is -- becomes a matter of right, based on payment into the Trust Fund. Commissioner Hardemon: That is correct. I understand that. Chair Russell: So if I could understand correctly, the $31 million is above and beyond all of the benefits that were to be paid from the bonuses that were originally sought? Mr. Kasdin: No, it isn't. Well, no, it isn't. It is in lieu of. Now, there are certain things, for instance, that we were going to get credit for, such as the over three acres of public open space. We get no credit for that. There was also going to be a requirement that we build office before we could build residential. There are other public benefits which we would get credit for to allow us to access bonus height and bonus FLR. What the Commissioner wanted was we pay -- All that now becomes a matter of right, the total FLR and the total height, but for every inch of height and FLR, we pay -- and it's roughly $4 for every foot. So if we don't access the bonus height and we use the FLR, we still pay. Chair Russell: Understood. So this is the flexibility of an SAP where you're able to do this, where otherwise, you would have had to earn each one of those things piecemeal, and they'd go to something specifically already designated. We're able to give that to you as of right, and then within the SAP Agreement or an additional proffer -- Mr. Kasdin: Correct. Chair Russell: -- based on a square footage basis, or however you -- we had wanted to calculate it, you come up with a -- an amount that matches that, in lieu, plus, plus. Mr. Kasdin: Correct. And that's how -- that's why -- Chair Russell: I think I understand. City of Miami Page 85 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: -- you amend the Regulating Plan Chair Russell: So of the 31 million, how much would have originally gone to the in - lieu portion that we're talking about? Mr. Kasdin: I -- one thing I can say is that this payment, this guaranteed payment is greater than the guaranteed payments would have been under the version that was before you in November. Chair Russell: Yes. No, for sure. I mean, there was nothing contemplated in the Benefits Package that was at the level of 31 million. Mr. Kasdin: So -- and the number I'm given is it would have been 13 million. This is a 31 million guaranteed payment. Chair Russell: Got it. So almost 20 million Mr. Kasdin: Yeah. Chair Russell: -- was in lieu of,• the additional is the 13 that's been negotiated additionally. Mr. Kasdin: Well, we would have been able to have gotten additional height and FLR Commissioner Hardemon: If they choose. Mr. Kasdin: -- but we wouldn't have to pay for all of it. We would have had other things credited against it, like open space. That's out now. We pay the $31 million; whereas before, we would only have to pay, I guess, roughly $13 million, guaranteed, without any credits. Chair Russell: Got it. And so, this -- so now, we take the 31 -- at least the 20-ish out of the normal process of seeking those entitlements; put it all in the SAP. We take this out, so it's got more freedom, as the Commissioner said; a lot less strings attached for us on how we can spend it within the community. All of the guidelines for how it can be spent are in here? Mr. Kasdin: Well, there's apiece of legislation the Commissioner has referred to that has to be created, which is -- Chair Russell: That'll be -- and that'll be created to create that board, right? Mr. Kasdin: Right. Chair Russell: But is there -- are the boundaries of where it can be spent labelled in this document? Mr. Kasdin: Yes. Chair Russell: So that bind -- so whatever board we create will be bound to -- Commissioner Hardemon: The boundaries, right. Chair Russell: -- whatever's agreed in here? City of Miami Page 86 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: Yes. Commissioner Reyes: (UNINTELLIGIBLE), right. Chair Russell: So -- Mr. Kasdin: These obligations -- this Development Agreement, which all the SAPS have, is going to be recorded and bind the property for the life of the Development Agreement, which means that whether this group or they -- let's say they sell off a portion. There's an obligation to pay that money for any building that's built. Chair Russell: Got it. And what if -- Mr. Kasdin: Into -- and into that Trust Fund that you are creating specifically and exclusively for use in Little Haiti. Chair Russell: In Little Haiti. And is the makeup of that board designated here, or is that what's created in the separate legislation? Mr. Kasdin: No, that's separate legislation. Chair Russell: And so what is the timing of how this would come, the legislation for creating the board, the second reading for this, the payments? When would that fund be populated, and how quickly could it be spent, and in what way? Mr. Kasdin: Well, to -- what we have written up says it must be created within 90 days of adoption, but this really is the City Commission's -- City Commission could create this vehicle as fast as it wants. Commissioner Hardemon: Right. Chair Russell: But the buckets are designated in here, what it has to be spent on? Mr. Kasdin: The general categories, yes. Chair Russell: Right. So -- I mean, Commissioner Reyes, you were talking about education? Commissioner Reyes: Yes, (UNINTELLIGIBLE). Chair Russell: Which section of this is most appealing to you, and what would you add, or is it perfect as it is? Commissioner Reyes: Well, I think that all sections are appealing, because we need housing. We need to -- we need education. We need also -- also, we need to train people -- I mean residents -- in order to work. You see, the hiring of residents is very important, because, as Commissioner Hardemon said, was talking about trying to provide homeownership. But -- and also, they said, okay, affordable housing. But we need people from the community to be working in order to buy those housings -- I mean, that house -- those houses. And also, they have to have some income to pay for those affordable houses in order for them to be affordable. Chair Russell: So the 31 million can be used for purchasing affordable housing, or subsidizing additional --? City of Miami Page 87 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: It could be used, as I do understand, to start a program with our land that -- land that is available -- that we can either develop some of those some housing for -- I mean that have been designated for homeownership. Chair Russell: So that's for our land. Commissioner Reyes: Yes. Chair Russell: Could it be used to buy land? Commissioner Reyes: That is up to the committee that is going to be formed. If it is -- Chair Russell: No, but it's -- is it designated in here the types of housing we could do? Commissioner Reyes: No. But let me tell you, the way that I understand it, the committee that is going to be formed is going to make the decisions based on the feasibility of the project, or what are we going to do, and the benefits that it -- they are going to provide to the community, you see? And we being there, I know that we will try to obtain the biggest bang for the buck. Chair Russell: Got it. Commissioner Reyes: You see? Chair Russell: So you're very familiar with this, and I don't understand how I'm not. I don't -- I haven't -- this is the first I've seen this document. Commissioner Reyes: No; me, too. Unidentified Speaker: First -- none of us have seen it. Chair Russell: So this is the first -- okay -- no, no, no. I can -- That, I understand. Commissioner Reyes: I mean -- Chair Russell: That's fine, that's fine. Commissioner Reyes: -- I just saw it. But from what I heard the Commissioner was talking about -- Chair Russell: Right. Commissioner Reyes: -- and what I heard from the gentleman -- Chair Russell: Yeah. Chair Russell: -- I can see clearly that those funds are going to be used for the benefit of the -- Commissioner Hardemon: So Mr. Chairman -- Chair Russell: Yes. Commissioner Hardemon: -- the packet that they passed out can be a bit deceiving. Part of it is the Development Agreement, which is what it has been -- right? --for the most part, right? That's the Development Agreement. The other part of it is the SAP City of Miami Page 88 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Regulating Plan, which is another thicker document. The information regarding the benefits, the Community Benefits Agreement, is built from a much smaller sheet. I'm trying to find it in this document, but -- which is what I'm basically reading from -- it's like a smaller document that was floating around. And this document is very -- it gives the leeway. Like, for instance, development of affordable and workforce housing, community educational programming, local small business development, local workforce participation in hiring programs, beautification of 2nd Avenue and other areas of Little Haiti; that kind of thing is written out in this document. And so, essentially, you want to give enough space for the Trust to make educated decisions about how they want to spend the money to best affect that neighborhood. And so, as a sweetener, I'm saying, as the district Commissioner, look, I -- we -- I know that we have land within that space, within Little Haiti; the same way we have land in, for instance, Liberty City. And at one time, the Liberty City Community Revitalization Trust used to own land, and then CDBG took it over. And so, they had some funds, they had some land. And now, they don't have that land anymore. The CDBG has the land. And so, the --for instance, the Liberty City Community Revitalization Trust has had funding that they've used to assist with local small business development, and really (UNINTELLIGIBLE) construction. They'll have one of the only sit-down restaurants in Liberty City that serves alcohol, right? It does not exist. There's not a place for you to go there where you could have an alcoholic beverage and enjoy a nice meal in Liberty City, and it's a -- and I want to make that very plain. I want to explain it even better. When you go to a restaurant and you order a cocktail and you have a sandwich, and you're with your wife and she has a wine, you cannot do that in Liberty City, from 46th Street to 70 -something -- 77th Street; from 7th Avenue to -- keep going to the County -- 22nd Avenue, if you'd like. You can't do it. And so, we will have one of those spaces, because of the work the Liberty City Trust has done. And so, what I want to do is I want to begin to re -empower these organizations -- and create another one -- that has the land to assist with building the affordable housing for ownership purposes; that we want to see homes pass from one to the next family, family members, but then also -- Commissioner Reyes: Business development. Commissioner Hardemon: Right. And so, that's what this CBA is all about. But the Trust itself has to be legislation that's going to be proposed on this dais that'll have two readings; we'll have public comment. The structure is going to be put right here before this body, so that's something that's going to be done. And before the money is released from the -- from Magic City, the SA -- the Trust is going to have to be put into place. Chair Russell: Understood. Mr. Kasdin: Chair, may I just -- if I may just --? Thank you, Commissioner Hardemon. Just to make sure that it's crystal clear, the document that was passed out, the Community Development -- the Development Agreement and the Regulating Plan, is the exact same document that was considered in November. The only thing that is different is the Community Benefits Section, which is exactly as Commissioner Hardemon has explained, which starts on Page 16 and goes to Page 18 of the Development Agreement. And there were some definitional terms that were also changed to accommodate that. Commissioner Reyes's items, as well, in terms of first opportunity to neighborhood residents for jobs, training, job fairs, outreach has always been in that agreement, and starts on Page 21, approximately, or 20 -- Commissioner Reyes: And we spoke about that when -- the first time you came here? Mr. Kasdin: Yeah. And that's always been in here. City of Miami Page 89 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: That's right. Mr. Kasdin: So that is the only -- those are the only -- that -- and that hasn't changed; that's always been here. The only change are the Community Benefit Agreement and the definitional terms, and the portions of the Regulating Plan that relate to that, period. Otherwise, this is the same document as has been in public domain for months. Commissioner Hardemon: So there's now a Community Benefits Contribution Section; whereas before, there was only Public Benefits Contributions, which are two different things. Chair Russell: Understood. So what is the -- how does the flow of the funds work? What triggers the first payment? And how this 31 million, of which -- the 31 million, how -- what is the maturity of that? How does that get paid? And is it all guaranteed, or is it as it's developed and only if developed? Mr. Kasdin: Well, here's what it is: So as Commissioner Hardemon explained, the first 6 million is virtually immediately upon adoption -- Vice Chair Gort: In 90 days. Mr. Kasdin: -- of the SAP. In other words, once the SAP is finally adopted and the appeal -- what? Unidentified Speaker: The first payment -- Chair Russell: Name, please? Mr. Kasdin: I'm going to go through that. Unidentified Speaker: Okay. Well, it's not on -- Mr. Kasdin: Yeah. No. I said, "virtually." I said -- I was going to get to -- I was going to walk him through it now. Commissioner Hardemon: I guess he has the check. Chair Russell: Neisen almost wrote a check. Mr. Kasdin: So the way it is being handled is once the SAP is finally approved and the period for appealing the approval has passed so that it is final, the first payment of $3 million into the fund, once it's created -- Vice Chair Gort: 90 days. Mr. Kasdin: -- will be paid in 90 days; thereafter, 180 days after that, another 3 million will be paid. And then -- and that 6 million will be also applied for the first two or three buildings or so that will be built on the property; approximately 1, 400, 000 square feet. Chair Russell: And it's based on the square footage -- Mr. Kasdin: Right. Chair Russell: -- on that $4 -something per square foot. City of Miami Page 90 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: Thereafter, every single foot that's built, there has to be a payment into the fund of $4 per foot. So for -- when another million feet are built, another $4 million goes into the fund. Chair Russell: Understood, understood. And so, what is your timeline overall for the entire project? Because to see what the community -- when the community could really use the bulk of these funds. If it's about purchasing land, for example, which it sounds like this is able to do, that's a significant bulk at one time, for example. Mr. Kasdin: Of course -- Commissioner Hardemon: But we have land; that's the other -- that's the sweetener. I want you to remember that there is land that we have within the City of Miami that we already own that these dollars can be applied to if we chose to. Chair Russell: In Little Haiti? Commissioner Hardemon: That's correct. Chair Russell: And so, then those dollars could be applied toward that. Commissioner Reyes: What Commissioner Hardemon is referring to is that we have land, you see. City of Miami, we have land, and that land, you see, with these funds -- we can develop that land using these funds as leverage, or whatever, you see, that would benefit the community. Chair Russell: Understood. Commissioner Reyes: And it could be for affordable housing, or it could be for homeownership. Chair Russell: Understood. Commissioner Reyes: I am correct, Mr. Hardemon? Commissioner Hardemon: Correct. Commissioner Reyes: That's what I understand. Chair Russell: And so, the makeup of the board is not decided here, the number of members are not decided here, who appoints those members are not decided here. Mr. Kasdin: That's all your decision. Chair Russell: The representatives, whether they're Commission appointees or neighborhood appointees or -- there's no mandatory seats based on this? Mr. Kasdin: All your decision. Commissioner Hardemon: Up to us. Chair Russell: It's all up to us -- Mr. Kasdin: Yes. Chair Russell: -- and has to be done within the process between -- City of Miami Page 91 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: Yes. Commissioner Hardemon: Right. Chair Russell: -- this. Commissioner Hardemon: The only thing that is identified within this -- or one of the things that's identified within this document is a benefit that is for a group that helped negotiate terms, which is a group -- I had nothing to do with, necessarily, what they negotiated, but this is the Concerned Leaders of Little Haiti, and on Page 18 of the document, it's described that there is a $6 million -- of the total amount that's going to be paid over time, $6 million of those funding -- of that funding, which is $1 million upfront, is going to be available for projects and programs that are identified and are selected by the Concerned Leaders of Little Haiti. But there -- they make recommendations still to the Trust. The Concerned -- I can't tell you the exact makeup of the group, but they include leadership that everyone knows -- Gepsie Mettelus, Father Reggie, and other individuals that are dear to the community. They - - when we initially sent Magic City out to go meet with the neighborhood, they met with the neighborhood. They went to negotiate on behalf of the residents, and they came out with a deal, and we enhanced that deal. So we have money above and beyond what they have, but we want to ensure -- well, actually, it was Neil, to his credit, wanted to ensure that he honored the promise that he made to them. And so, I want to find a way to include that language within this document so that everyone knows that no one took anything from the Concerned Leaders of Little Haiti, and that all these fundings are going towards either the boundaries within Little Haiti, or the Concerned Leaders of Little Haiti, programs and initiatives. Chair Russell: Understood. So we are on first reading here. This has one more reading, which would come when? Mr. Garcia: Thank you for asking that question, because to that end, I do need to put on the record that we will have to refer the land use amendment, which is a component of this package, to the Department of Economic Opportunity in Tallahassee, and that process may take somewhere between three and four months. We are certainly going to work eagerly to make it potentially less, but that is the approximate time. So I would suggest that if we're managing time, for instance, at this point in time that we give ourselves four months to get the needed approval from the DEO (Department of Economic Opportunity). Mr. Kasdin: I would request it -- they're trying -- they -- Within 45 days, we'd have to have a response, so I would request, respectfully, that this be scheduled for second reading in two months. And if, for some reason, they haven't respond -- replied, we could roll it over another month, but we really don't need more than two months, between now and these -- and the State's review, and second reading. Chair Russell: Got it. Mr. Kasdin: And the other thing I would say is, if I may, they have a tenant ready, that they're anxious to begin working on developing their facility, which will create a number of jobs and investments, so time is a factor, so we would request second reading in two months. Chair Russell: Got it. Commissioner Hardemon: Can you also describe on the record, please, in your own words, exactly the way that you're going to title this development? like how are you going to create signage and things? What would it actually read? City of Miami Page 92 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: It's going to be the Magic City Innovation District, Little Haiti, Miami, Florida. Commissioner Hardemon: Thank you. Unidentified Speaker: I'm sorry -- Chair Russell: Just a moment, please. We're not open for public comment right at the moment. We're still learning as much as we can about this proffer, and I certainly have to compliment Commissioner Hardemon for fighting for the community, to get as much as he possibly can. The fact that this is even out there and available is very noble. Commissioner Hardemon: Now, I want -- and I also -- you -- I want to give kudos to the community that fought for itself. Chair Russell: Absolutely, absolutely. And I'm not familiar with the entire process that got us here, but here's my issue, and I know the fellow Commissioners agree with me: We don't approve things on first just to figure things out and learn more, because I could read all this between first and second, and we'd be good. First reading is momentum, and we need to know that what we're getting into is what we understand we're agreeing to, and the devil's into details. This is huge. The potential for this is beautiful. I really enjoyed seeing even the concepts, when you first brought them, of the potentials for art and innovation, and I hear a very sincere, I believe, interest in preserving this community. That is in here or it isn't. Mr. Kasdin: Yes. Commissioner -- Chair Russell: And I believe that it is. Mr. Kasdin: Chair -- Chair Russell: But -- I believe that it is, but -- Mr. Kasdin: -- this is the same document -- Chair Russell: Please -- Mr. Kasdin: --that you've had and --since August. Chair Russell: -- with due respect, $31 million is new today -- Mr. Kasdin: That's the -- Chair Russell: -- that wasn't here before. Mr. Kasdin: -- one feature that's new. Chair Russell: 20 of it had been previously allocated to other buckets, based on a system that we have in place. We've set that aside, which we legally can do. I support that. I support the flexibility of the funds. I support a system of oversight with a board that can allocate those funds. These are all things that I support very, very, very much. But this is something new that none of us have seen until this moment. It's tremendous. Commissioner Reyes: No -- City of Miami Page 93 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: It can be great. Commissioner Reyes: -- correction, correction. What we haven't seen is the changes that were made. Chair Russell: Exactly, exactly. Commissioner Reyes: (UNINTELLIGIBLE) document -- Chair Russell: No, no, no. Yes, I studied very well the original (UNINTELLIGIBLE). Commissioner Reyes: We all discussed this, and we all talked to them, and the -- there was an offer made -- Chair Russell: Yeah. Commissioner Reyes: -- before. And now they come with this offer and with some changes. That's it. Mr. Kasdin: These three pages are all that's new. Vice Chair Gort: Yeah. Mr. Kasdin: These three pages, which deal with the new -- Vice Chair Gort: 16 to 18. Mr. Kasdin: Right, that's it. Chair Russell: 16 to 18. Mr. Kasdin: All the other hundred or so pages you -- this City has had for months, and have been in the public domain for months, and was considered in November. Chair Russell: Got it. Commissioner Carollo: Neisen? Chair Russell: I understand. The -- Commissioner Carollo. Commissioner Carollo: We used to have a lot more fun in Rio, huh? Mr. Kasdin: Excuse me? I also can't hear, Commissioner. Commissioner Carollo: Just a joke, Neisen. We used to -- I said, "We used to have a lot more fun in Rio than what you're having here now. " Mr. Kasdin: Oh. Commissioner Carollo: It's a joke back when we were both Mayors and -- but -- Commissioner Reyes: You went together to Rio? Commissioner Carollo: Well, it's another story. The former Governor of the State of Rio de Janeiro was a friend. But basically, I think you've -- and I congratulate your clients. You've upped the ante quite a bit, which is good, because that area needs it. City of Miami Page 94 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 And I like what I'm hearing that the money's going to be used for, and I think this could end up in the way that it will make everybody a win-win. The City will have a big area that's going to be changed, revitalized, and it's going to bring more income. It's going to give that area jobs, in addition to better housing and more housing. And on top of that, there's going to be quite a bit of dollars that you're putting aside. I thought you were going to write the check when you got up, but --okay. The -- Commissioner Hardemon: Can I also say something? Commissioner Carollo: Yes, Commissioner. Commissioner Hardemon: The -- there are going to be impact fees that are going to be generated from this project, of course. Commissioner Carollo: Yeah. Commissioner Hardemon: And, you know, one of the things that I've also heard from the community -- not necessarily Little Haiti, but Palm Grove community -- is that there could possibly be a negative effect upon them through traffic, et cetera. And so, this is not necessarily included in what this is, but, you know, I'm going to ask my colleagues that we designate that a percentage of the fees from the impact go towards the concerns that are being -- that need to be addressed in the Palm Grove neighborhood, so traffic calming, planning, they need studies; whatever it takes to get Commissioner Reyes: Infrastructure, what you're talking about, right? Commissioner Hardemon: -- things taken care of in Palm Grove. So the number that I was looking at was about 70 percent of those impact fees that go towards helping to ensure that whatever this development is, it doesn't have a significant negative impact on the neighborhood that's just adjacent to it. Commissioner Carollo: Commissioner, that's very appropriate. Commissioner Reyes: It is. Commissioner Carollo: In fact, I will say this to you: That neighborhood doesn't have the opportunities that some of our other districts have in getting any impact fees, because there's so little development of sizable portions there. So as far as I'm concerned, 100 percent of the impact fees should definitely be spent in that area. Commissioner Reyes: Just to improve the infrastructure and traffic, and all of that. Commissioner Carollo: Sure. Commissioner Reyes: That's fantastic. Mr. Kasdin: May I read something into the record, please? Chair Russell: Is that something that we can do within our existing --? Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Hardemon: I would say it is policy. We can set -- I mean that's -- basically, it's what we're going to use that money for. It's just a restriction that we've placed upon ourselves voluntarily. City of Miami Page 95 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Of the impact fees? Commissioner Hardemon: Of the impact fees. Commissioner Reyes: Yeah. Chair Russell: And what would be the border under which we --? How --? That's separate legislation, right? Commissioner Hardemon: Yeah. That's not -- that's why I said it's different from this, but there are going to be impact fees that are generated, and what I'm saying is that I want the Palm Grove neighborhood and neighborhoods that are, you know, abutting this development to have the benefit of using those impact fees for what they can be used for; you know, traffic calming, you can do it for expanding streets, you can use it for enhancing parks in certain ways. So there's a lot of impact that can come out of it; that we've used impact fees in all of our districts to do some wonderful things. I want to ensure that whatever wonderful things that we do, it's being used in the Palm Grove, et cetera, you know. Chair Russell: Obviously, where the impact happens is where the benefits should come, because that's where you're mitigating an actual impact. I would love to see legislation that brings that forth that we -- Francisco, that we have a method to fairly distribute and capture impact fees for where the impact happens, and this is a perfect case of it. Commissioner Hardemon: And so -- and the thing about -- I want to be very careful about the language that you just said, because -- Commissioner Reyes: Wait, wait, wait. Commissioner Hardemon: -- what ends up happening is, in the past -- in District 2, especially -- you would have lots of impact fees that were generated and -- we would have regional parks, for instance, that would get traffic from certain areas, but didn't get any impact fees to help with building or with enhancing those spaces. And so, that's why the language is very, very --you know, it's very touchy. Chair Russell: Right. Oh, no, no, let's be clear. District 2 creates the impact fees for the entire City. Commissioner Reyes: That is -- Commissioner Hardemon: District 5 is about to create some right now. Chair Russell: Exactly, and that's great. Commissioner Reyes: -- something different. That is something different. Let's not get the cart before the horses. I -- there are certain special, I would sayneighbors -- neighborhoods that they are in dire need of a lot of investment. Chair Russell: Yeah. Commissioner Reyes: But your idea -- Chair Russell: Like a CRA (Community Redevelopment Agency) kind of thing. Commissioner Reyes: -- I don't agree with whatever it is generated is going to be spent there, because all the impact fees that happen in downtown Miami won't go to City of Miami Page 96 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 us, and there's a -- let's not be so ambitious. I mean, we will do one thing at a time, and that is for another discussion that we'll have. Chair Russell: Absolutely. I love the concept. Commissioner Reyes: Okay. But -- Chair Russell: I think we're going to talk about it holistically, and it is another subject. But for this situation -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- that's not contemplated here in this document, so let's stick to what we've got for tonight. Neil Fairman: If I might address? We have talked to the Palm Grove neighborhood, and even though we haven't got -- received any type of consent for them, one thing that we are offering is that if we create some sort of a traffic impact, we're willing to do a traffic calming study for them to make sure that --for instance, if the area was busy at the time that the kids were going to school or something like that, because of the amount of traffic, we would do a traffic calming study. We would take a look at whether it's feasible, and do a study on a trolley system there. We won't pay for the trolley system, but we'll do the study to take a look at whether the City should be doing that. We'd look at also doing some entrance signs, two entrance signs at Palm Grove to identify their neighborhood. And we looked at enhancing the Eaton Park, which is directly over the railway tracks adjacent to our property, so that there would be good neighbors on both sides of the tracks. Commissioner Reyes: Okay. Commissioner Hardemon: There are some other things you want to add? Chair Russell: Thank you. Mr. Kasdin: Mr. Chair, one other item -- Chair Russell: Yes. Mr. Kasdin: -- if I may. Directly responsive to the direction of Commissioner Hardemon with respect to benefiting; and the others, Commissioner Reyes and Commissioner Carollo, the immediate community, we would also state for the record that we will commit that advertisements for job opportunities must include Haitian radio and television stations, and local churches in furtherance of our local outreach for jobs; also, that the developer must keep the name, "Little Haiti" within all signage and branding relating to the final name of the Magic City SAP and project; that the developer will also establish a Pipeline Internship Program for young Haitian and minority professionals to obtain professional careers and employment within the organization of the developer and its affiliates. And finally -- and I think this is a matter of law, so it goes without even needing to be stated -- the Community Benefits Package will be binding on the developer, its successors and assigns, which it will be as part of this recorded Development Agreement. Commissioner Hardemon: You know, I also want to make sure -- I want to put this on the record, as well, included within the motion that, whatever comes, is that the funding that's coming for this, the $6 million, and the 31 million that comes thereafter, because of the -- they're large amounts -- that they're not subject to the transportation -- what is it called? -- like a transportation -- it's not a tax, but a transportation City of Miami Page 97 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 impact fee; something that was generated by our wonderful Mayor, Francis Suarez. I don't want to pay him; I want to pay the community. So there's a -- basically, there's a percentage of dollars that go towards transportation -related issues that goes into like a little bank. Commissioner Reyes: Yes. I -- Commissioner Hardemon: And so, I want to make sure it's excluded from that. Commissioner Reyes: -- second that idea. Okay. Chair Russell: All right. So I think there -- are there any further questions from the dais on this issue and how this works? All right. We're now going to open up for public comment. We're going to do very similar to last item. It's going to be two minutes per person. If you're for or against, I ask that you -- if you're for, please come to this lectern. If you're against or unsure, please come to this lectern. You can say your name, you can give your address. I think this is -- it's very important. There are new elements being brought here that the public should have full understanding of and trust in. The last thing we want to do is a good thing with unintended negative consequences we either hadn't thought of or isn't exactly what the public was intending or wanted. But I believe if this is truly what it sounds like, there should be nothing but happiness and rainbows here. I have a feeling that we have -- you know, we have a neighborhood that's very passionate about its area, and likely -- and correctly so, because it is, as in many of our neighborhoods in Miami, in flux right now, and this is the consequential time when we make these decisions that can be transformative, that can be absolutely transformative, and we want to get it right. So if anyone would like to speak on this item, please line up at either of the lecterns. Is there only just a couple? Because I remember when we swore in, there were several. Thank you very much. Anyone for the item, please stand over at this lectern, and we'll alternate. Thank you. And we'll start, please. Thank you very much. Meena Jagannath: So I jumped up here, because we do have a pending request for intervenor status. My client is FANM (Family Action Network Movement), but I'll start from the beginning. My name is Meena Jagannath. Good evening, everybody. I -- my address is 2000 Biscayne Boulevard, Miami, Florida. So I'm here representing FANM and its request for intervenor status. There was a previous -- Chair Russell: I'm sorry, who are you representing? Ms. Jagannath: FANM, Family Action Network Movement. Chair Russell: Thank you. Just for the record. Thank you. Ms. Jagannath: Sure. And there was a previous letter that was attached as an --to the agenda items, but that one I have amended, so I'm going to pass out copies for the -- The document that you see there is a statement, of course. That statement of objections and evidence was based on the previous documents. As I've not actually had the opportunity to review any of the documents, we reserve the right to enter additional evidence, comments, and objections into the record. So one of the -- attached to the statement at the back, there's a letter with intervenor status request, and evidence supporting FANM's standing under the Renard v Miami -Dade County standard. This letter, together with the declaration of FANM's Executive Director, Marleine Bastien, provide examples of FAATVs interest, and those of its members will be disproportionately impacted by a rezoning of this size. Of course, we again do not have the benefit of having read those documents, so any additional comments or other information that should be there -- in there is -- I haven't had an opportunity to actually incorporate that. City of Miami Page 98 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Mr. Clerk, please hold the clock. We're establishing whether or not intervenor status is appropriate in this situation. Could you point me to the page again, please, where you referenced the -- Ms. Jagannath: The letter? Chair Russell: -- argument for intervenor status? Ms. Jagannath: The letter should be at Page 21, and then just behind that is the declaration. Chair Russell: So Page 21. Dear Miami City Commissioners -- impact of project. FANMmeets the requirements for standing on -- and is entitled to intervenor status. Ms. Jagannath: Yes. So -- well, it's the page after Page 20, but it's not labeled Page 20. Chair Russell: Yeah. 19 is -- well, it was. Let's see. 20 -- yeah, 20 is labeled, but 21 is not. Ms. Jagannath: Yeah, it's the one right after that. Chair Russell: That's it. That's it right there, Commissioner. Ms. Jagannath: Yes. Chair Russell: Mr. City Attorney, Mr. Suarez -Rivas, what are, for the record, the criteria under which we grant or deny intervenor status in a situation like this, please? Rafael Suarez -Rivas (Senior Assistant City Attorney): Well, the dispositive case, Renard versus Dade County, was cited by the counsel here. Generally, you have to look to whether there's special injury, different in kind and degree than the general public; something that is not a generalized grievance, a generalized objection, or position. For example, courts look to things like: Are you abutting? Is there ownership in the members individually? Though that's not really here that I see, anyway, readily that jumps out by someone's name. Does the entity itself have an abutting interest, because they're a representative entity? And as a matter of due process, you also want to hear from the applicant, simply because they're requesting for intervention -- Chair Russell: Obviously -- Mr. Suarez -Rivas: Right. Chair Russell: -- they will have the ability to rebut -- Mr. Suarez -Rivas: Right. Chair Russell: --and say why they don't believe there should be intervenor status. Mr. Suarez -Rivas: Right, right. So that is what this -- the triers of fact have to evaluate; the factors ofproximity, property ownership, impact on them in a way that's different in kind and degree than, for example, other residents of the Upper Eastside or Little Haiti or Palm Grove or -- you know -- where -- general area. City of Miami Page 99 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you very much. Commissioner Reyes: Question. Chair Russell: We'll start with you, please, if you could lay out the case for specific injury that's separate and greater than the general public, as well as from a -- I guess a geographical perspective how your group is more just really impacted than the general public. Ms. Jagannath: So FANM can play -- claim both associational standing, which means a standing on behalf of its members that stand to be impacted more than on the general public, as well as organizational standing, on behalf of itself for its own economic harm or diminution in membership, because people have been displaced from the neighborhood. FANM is a social services organization that's located in Little Haiti. It's on 84th Street. And it is dedicated to meeting the needs of low- to moderate -income families and children. And many of their members -- in the declaration, we cite that there are at least -- there are dozens of members in the zip codes of Little Haiti, 33127, 33137, 33138, and 33150. The ones that -- the zip code in which the application is in is 3313 7, I believe -- 33138. And FANM has at least 30 members that are paying members, and then 200 members and beneficiaries of its programs across Little Haiti. It has also expended significant funds, and I would like to call up Marleine Bastien, who's the Executive Director, who could speak in more detail about the specific harm that has been done to their members and the organization. Chair Russell: As long as it stays to the realm of standing. Ms. Jagannath: Yes. Chair Russell: I don't want to get into the substance of the issue. Ms. Jagannath: Yes. Chair Russell: This is simply just to establish whether or not intervenor status should be granted. Mr. Kasdin: Mr. Chair, I object and -- but I mean, I think you correctly stated what it should be, but Ms. Jagannath just stated she will talk about the harm to the neighborhood. Chair Russell: And I stated I'm going to limit it to the scope of establishing intervenor status rather than the specifics of the damage itself. Ms. Jagannath: Yes. Chair Russell: And that's important -- Ms. Jagannath: Yes. Chair Russell: -- because once we go down that track, you're already acting as the intervenor, and making the case, basically. Ms. Jagannath: Yes. Chair Russell: So what we're trying to establish is that the entity you represent is disparately impacted, and not in the sense of how -- of what that impact is, but why it is more than the general public as a whole. Is that --? City of Miami Page 100 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. dagannath: Yeah. And my client can also explain the -- a number of the members that they serve that are in properties that are directly abutting the subject property here. Mr. Kasdin: Object. If -- those people would have to be here in order to be able -- you can't -- that's -- Chair Russell: The actual members of the organization? Mr. Kasdin: The people who she's referring to, who live near there, in order -- would have to testify in order to be able to establish -- attempt to establish that. Ms. dagannath: They were here. They were here -- Chair Russell: Please, let's -- don't go back and forth; through me, please -- Ms. dagannath: Okay, sure. Chair Russell: -- so we can keep the order for the sake of the Clerk. Ms. dagannath: So one -- under Renard v Miami -Dade County, one of the factors that can be considered is that one of the people is among -- is in the notice zone. We did have an elderly couple that was here and they stayed until about 8 o'clock, and ultimately had to go home, but there are -- they are on 55th and Northeast 3rd. There's another business -- another person who was not well and could not come tonight, but her business is on 59th and Northeast 2nd Avenue. And we have represented -- I'm a lawyer, and we work quite closely with FANM, and I've represented numerous business owners, as well as tenants -- or provided advice to -- who had been facing evictions in -- within the neighborhood of Little Haiti. So I, too, can attest to the fact that FANM has had to respond to these requests, even though that's not been their primary work over the course of the three decades that it's been operating in Little Haiti. Chair Russell: Mr. Suarez -Rivas, is it precedented [sic] to have a group established as the intervenor versus the individuals themselves, or is there -- does the case law state which way is appropriate? Mr. Suarez -Rivas: When you have them, in my view, requesting intervention as a group, I think that they would have to establish the organizational representative -- Chair Russell: Okay. Mr. Suarez -Rivas: -- standing of the group, because you don't have individual intervenors here. You have a group. Chair Russell: Understood. And they have a representative here, and it's about 230 members, all of whom live within the area. What -- and you mentioned zip codes, but please help me out. What sort of proximity to the actual site are we talking about? Ms. dagannath: So the zip codes that apply to what is recognized as Little Haiti neighborhood are 33137, 33138, 3312 -- 50, and 33127 -- Commissioner Hardemon: That's where I live. Ms..Iagannath: -- which 33137 goes up to 62nd Street, I believe. It's just below the subject property; above that is 33138; to the west of that is 33150; to the south of that City of Miami Page 101 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 is 33127. They -- so some -- the notice area covers 33138 and 33137. 33127 and 33150 are further out, but are still considered to be within the Little Haiti neighborhood, and often -- that neighborhood is impacted. You know, the size of this project will likely have ripple effects that go into those zip codes, as well. Chair Russell: Sure. So notice -- normally, we would grant intervenor status to someone who's abutting. Rafael, is there a standard or is it --? Mr. Suarez -Rivas: Someone -- well, I think that there has been a recent case that's further clarified that, but it is a Renard versus Dade County rule. So in terms of zoning, it's under Chapter 62; people, for example, within 500 feet of the radius of the property; abutting people, clearly, persons that touch and concern the land; people in close proximity, you know; people that for organizational standing, if -- something that can be articulated about a particular project or development that uniquely or particularly affects the interests of organization; factors of that nature, sir. Chair Russell: Okay. And in your opinion, have we established that here? Mr. Suarez -Rivas: If you're -- well, it's up to you as the trier of fact. I mean, to me, I think you -- again, you have to find -- I think you have to find that the entity that is requesting it, Family Action Network Movement, has an interest that's a different kind and degree. I believe the fact that they say they have members is fine. It's taken at face value, but those members are not the intervenors, nor are they witnesses -- Chair Russell. Correct. Mr. Suarez -Rivas: -- here this -- Chair Russell: The group is the intervenor -- Mr. Suarez -Rivas: Right, the group. Chair Russell: --here, so -- Mr. Suarez -Rivas: So that's -- Chair Russell: -- and does your group represent families throughout Miami, and this just happens to be one section of your group base, or is this group dedicated to this neighborhood? Ms..7agannath: Well, that's why I'd like to call up Marleine Bastien, the Director of Family Action Network Movement, because she could answer the questions about their membership and where they -- what they serve better than I can. Mr. Kasdin: Mr. Chair, if I may? Chair Russell: Yes. Mr. Kasdin: I object. First of all, the City Attorney has given a very clear and absolutely correct interpretation of the law, both under Miami 21, and the case law with regard to standing. I would like to -- so that this procedure does not turn into something that it become farcical, though, I'd like to point out a couple of things. Number one, one of the things that has been mentioned by counsel is the lack of notice. Well -- and we here -- you received for the first time today, February 28; we received here for the first time just an hour -- a few hours ago -- this letter purporting to be the argument setting forth the case for standing. It does not contain one single fact consistent with what Mr. Suarez -Rivas has laid out as a basis for standing. It is a City of Miami Page 102 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 conclusory statement saying that FANM has a interest in the neighborhood, and on its face shows that there's a lack of standing. There's a lack of notice to an affected part, which is my client, that we would even have to argue this. So if they want it (UNINTELLIGIBLE). Chair Russell: Just one moment, please. Please, just one moment. Mr. Kasdin: If they want -- Chair Russell: Mr. Suarez -Rivas, is there a notice requirement for the party trying to establish standing in terms of what they submit? Mr. Suarez -Rivas: No. The City has not, to my knowledge, ever adopted a regulation providing for that. It's maybe been discussed, but it's basically done ore tenus at these public hearings. We don't have a regulation that says, you know, five or 10 days before, you have to file -- you know -- Ms. Jagannath: And I would like to state for the record that a previous version of this intervenor request, which is substantially the same, was entered into the record before, and is included as an attachment to the agenda item that anybody in this room could look up if they wanted to. Mr. Kasdin: You were not granted intervenor status back in November. Ms. Jagannath: It was a request. The letter -- Mr. Kasdin: You spoke and you were not --you did not -- either you did not seek or you did not -- were not granted intervenor status at that time. Chair Russell: I don't recall voting on intervenor status about this entity. I believe this is the first time -- Ms. Jagannath: I did (UNINTELLIGIBLE) comments. I was in my -- I did ask for it, but then I -- because the item was being continued, I decided that I would argue it at this -- at the actual hearing. Chair Russell: So what we -- Mr. Kasdin: May I finish, Mr. Chair? Just a brief -- I'd like a little opportunity, before we go into longer testimony, to rebut. Zip code is, by no standard, a standard that is judged for determining the intervenor status. Zip code could mean you could be a mile or more away from the particular property. When this City Commission has considered it in the past, it has been someone who, as Mr. Suarez -Rivas has said, is an abutting property owner right next door; you know, someone who, therefore, might be affected by what is proposed. Chair Russell: Correct. Mr. Kasdin: A general group of people, some of whom live in the area, some of whom don't, is not -- does not qualms for intervenor status under any -- by any means. Chair Russell: That's well noted. I would argue that normally, under our Planning & Zoning, we're talking about a garage coming in or a building going up, and then we look to the neighbor most directly affected by the shadow or the impact, or the trajfic that they create. It could be argued that in an area that is quite relatively quiet, compared to what's about to come, based on an SAP of this size, with over 2,600 units and over 20 floors that the direct impact -- that abutting group possibly could be City of Miami Page 103 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 considered the intervenor to that project. Now, it's not solely up to me to make that decision, but it's our job right now to simply establish whether or not they qualms for that. But I do believe there is an impact to the direct surrounding neighborhood, for sure. Whether or not your group represents the --we'll call it abutting or disparately impacted group is what we're trying to establish. So without going into substance, and with due respect, I don't -- we should not call this a farce, because this is very serious, and these are people's lives. They may not be intervenors. They may be here for public comment, but they are afforded their due process to establish that. So please continue. Ms. Jagannath: I appreciate that. And before I call Ms. Bastien here, I just wanted to say for the record that we are claiming both associational standing on behalf of the members that live in the surrounding area, the SAP area, as well as organizational standing on behalf of FANM for the resources that it has had to expend to respond to the needs of its members as a result of many of the -- both this project and the other development pressures in the neighborhood. Mr. Kasdin: I object and would -- Chair Russell: Your objection? Mr. Kasdin: -- if I may, and note my objection and move to strike that from consideration, because, again, it isn't -- there's not one single specific fact in support of the argument that has been made. Ms. Jagannath: I'm calling the witness for that purpose. Chair Russell: I'll overrule for now. I want to hear what the case is; not the substance of the impact, but how you are disparately impacted from other --from the rest of the City. Why are you more directly impacted from this project? Because it seems to be that that is the standard that would grant intervenor or not, and then, obviously, the proximity. And so, Ms. Bastien. Marleine Bastien: Marleine Bastien of Family Action Network Movement. Thank you for this opportunity to discuss what has been happening to our members for the past 18 months. We've definitely seen an uptick in a number of renters and businesses that have been pushed out of the neighborhood. Chair Russell: Please -- Ms. Bastien: Yes. Chair Russell: -- this is getting into the substance of the impact, and the case you would make as an intervenor. Try to help me stay purely on the legal lines of that intervenor status. Why are you more affected than others, and why is it you and not someone else as a group? Ms. Bastien: As a result of this uptick, a lot of business owners and renters and homeowners have been coming to our agency seeking assistance, and we've had to divert resources, human resources, financial resources to assist them. Just the other day, we had an entrepreneur whose business is located close to Magic City, on 59th Street, and as a result of the developer who owned the space that he's renting, increasing his rent by $1,000, and then closing the door of his business with all his merchandise inside of it, FANM has had to divert human resources to assist him, to negotiate with the developer, and to even put forth financial resources to support him; otherwise, he would have lost everything that he possesses. This is one of many examples. City of Miami Page 104 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: Mr. Chair, I object; a standing objection. Ms. Bastien: We let you speak. Mr. Kasdin: We have got -- No. Chair Russell: Just a moment. This is an objection. Mr. Kasdin: -- you're now seeking legal status, and I object, because this is hearsay and second-hand evidence. There is not a individual standing before us. We have not been told who this individual business owner is, where his business is -- Chair Russell: Sustained. Mr. Kasdin: -- how much it's been affected. Chair Russell: Understood and sustained. Marleine, if you could help me with the group, because what we have to establish is that the group has standing; not an individual within the group, but the group. Ms. Bastien: But we are -- Chair Russell: Yes. Ms. Bastien: -- an institution, but we represent members who are being impacted by the developments in Little Haiti. So this business owner was here earlier. Like many of the members that we represent, they were here earlier, but they've been here since 12 p.m., and a lot of them had to go. This business owner was here, and then he had to leave. Mr. Kasdin: Same objection. Ms. Bastien: So we are talking about people who were here, but had to leave. Chair Russell: Understood. Ms. Bastien: Yeah. Mr. Kasdin: Same objection. Chair Russell: Overruled. She didn't get into the case of the business owner; she was just trying to establish why the business owner is part of the group, and that establishes that the group has standing, if f understand correctly. Mr. Kasdin: But I also further object, Mr. Chair. Chair Russell: Yes. Mr. Kasdin: I know you're trying to be fair. Chair Russell: I'm trying to be legal. Mr. Kasdin: (UNINTELLIGIBLE). But again, no identification of who the person is, where their business is, what their issue is, how they've been affected adversely. City of Miami Page 105 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Right. But you don't want that, actually. You're saying that shouldn't be entered, because they're not -- Mr. Kasdin: I'm saying that the testimony cannot be considered, because it doesn't -- it is -- Chair Russell: Without the specifics and without the person present. Mr. Kasdin: Correct. Chair Russell: But even beyond that, it could be argued it's not about the one person; it's about the group. Either the group has standing to intervene or they don't. Mr. Kasdin: Well, I would also argue there are some jurisdictions that specifically give standing to specific groups. For instance, in Miami Beach, the Miami Design Preservation League, the organization has specific standing to -- for quasi-judicial proceedings. But absent that, in Miami Beach and every other city I know, general organizations do not have -- even if they are neighborhood organizations -- do not have standing. It is affected --just as Mr. Suarez -Rivas has pointed out, people who are uniquely, individually, separately, directly affected. Chair Russell: Correct. But we do have some leeway. Mr. Suarez -Rivas, you did mention that a group technically could have standing if they had disparate impact, and more than the rest of the City, and geographically, they were proximal. Mr. Suarez -Rivas: Right. And I think the case law, the maximum in the case law is special injury, different in kind and degree than that -- Chair Russell: Of the general -- Mr. Suarez -Rivas: -- experienced by the general public. Chair Russell: --public. Mr. Suarez -Rivas: And, you know, but for the organization, the organization -- let's just say, you know, because it's for the trier of fact, but for the organization, you're right on some of the things you were considering. Does the organization itself own property? Does the organization itself -- are they within the zone that gets notice? Are they registered in NET (Neighborhood Enhancement Team) to -- you know, I mean, these are the kind of things -- Mr. Kasdin: How does the impact differ -- Chair Russell: So -- Mr. Kasdin: --from other organizations in the neighborhood? Chair Russell: -- and -- well, it's not from other organizations in the neighborhood. How does it differ from the general public of Miami? Is there a greater impact than the general impact -- public of Miami? So if you could answer those questions, those criteria that Mr. Suarez -Rivas mentioned. Where is the organization located? Is there property of the organization? Ms. Bastien: We are located at 100 Northeast 84th Street, and for the past year, not a day has passed without having renters, homeowners, entrepreneurs coming to our agency seeking assistance. And like I indicated -- City of Miami Page 106 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Got it. Ms. Bastien: -- we've had to divert a significant amount of resources -- Chair Russell: Right. Ms. Bastien: -- to assist them. So we are right in the heart of Little Haiti. Chair Russell: Yes. Ms. Bastien: And a little north of our office, a dozen businesses recently lost their spaces, and some of them have been doing business in the area for 30 years; 30 years. And from one day to the next -- Chair Russell: Right. Ms. Bastien: -- they lost everything. And it is an everyday occurrence at FANM. So - Chair Russell: Thank you. Ms. Bastien: Yeah. Chair Russell: So this is interesting, because any one person from your group may not have standing if they weren't directly abutting. But the question is, as a group, does your group have greater standing than either the general public or other groups throughout the City that aren't impacted at all by this project? It certainly could be argued that your group is impacted more than any other group in the City that represents another neighborhood. Ms. Bastien: I don't know -- Chair Russell: Go ahead. Ms. Bastien: -- any other group in Little Haiti that is more impacted than FANM, because every day, we see the impact -- Chair Russell: Got it. Ms. Bastien: -- of the gentrification and the forced displacement of family members, of renters. We even have some of our family members -- Chair Russell: Yeah. Ms. Bastien: -- sleeping in other people's house, because they lost the only place they've ever lived in, because of the impact of this fast gentrification. And as you know -- Mr. Kasdin: Same objection. Ms. Bastien: -- Little Haiti is considered the fastest gentrified -- Chair Russell: Thank you, Ms. -- Ms. Bastien: -- area in the nation today. City of Miami Page 107 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Sustained. Is there any more information you'd like to give as to the status of intervenor -- standing of intervenor? Ms. dagannath: Well, I also just wanted to ask -- because organizational standing under -- it's a Supreme Court case -- Havens Realty Corp. versus Coleman -- that if an organization has to divert significant resources to respond to a -- you know, if it can claim injury on this basis, then it can claim standing. And I think, based on what Ms. Bastien has said, there's ample evidence to prove that. And in addition to that, I still argue that there -- that they have associational standing, because there were members who are in the notice zone, the 500 feet zone of the SAP area who are present here. The business owner who -- about whom she spoke earlier, his name is Eddy Mercure (phonetic). He was here earlier. He's actually on tape, having given his statement at a press conference about what has happened to him. And so, you know, I mean, if we need to supplement the record with declarations and, you know, other evidence, I am 100 percent confident that we can do that, because I, myself, have met the members of FANM, and I, myself, have helped some of the members of FANM that are in the immediate vicinity of the SAP area. Chair Russell: Thank you. I understand. All right. So I do see the potential for intervenor status here. It is obviously a motion of the body. We do have a quorum here. I need a motion from the body to either grant or deny intervenor status, please. Is there a motion from the body to either grant or deny? Because we need to make a finding here as to whether or not they have standing. Mr. Suarez -Rivas: Right. And really, what the body is doing is just based on what you've heard, in a nutshell, that you feel that the association here, the Family Action Network Movement, has an organizational standing, different in kind and degree than the general public; again, the general rule that you heard, based on what you heard, and limited to that. And you, as the trier of fact determine that, and then you move on. Chair Russell: Would you agree with the further case law that she cited regarding the associational standing? Mr. Suarez -Rivas: I would say that that would require a evaluation of the budget of the organization, how their resources are spent, and how it has been diverted in a manner that it not contemplated by them, if they are, in general, a social service agency. Mr. Kasdin: Mr. Chair? Chair Russell: Understood. But just to understand that statement, Rafael, if the impact hasn't happened yet, they would not have expended the funds yet, correct? Mr. Suarez -Rivas: No, because under the case -- she said that they have expended resources and funds. So the case is that to establish a standing, as I understand that doctrine, is you've already diverted your resources. You already, because of this, are expending funds. Chair Russell: Understood. And based on that criteria, has your organization expended resources on this particular project based on your proximity and disparate interest? Ms. Bastien: Well, we've had to assist some businesses that were facing immediate evictions, yeah, financially. Mr. Kasdin: Objection, objection. Again, we're getting -- City of Miami Page 108 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: But -- Mr. Kasdin: -- general statements, no facts, no specifics, opinions -- Chair Russell: Overruled. I'm simply asking if there was financial expenditures of the organization with regard to this project. Has your organization been caused to expend money based on this project; the coming of this project, the planning for this project? Ms. Bastien: Of course, we've had to expend money. We've had to organize meetings to inform the community about their evictions, how to get support against their forced evictions. We've had to -- Mr. Kasdin: Objection. There have been no evictions on our property, because there were no tenants on our -- most of our property. She is conflating -- Chair Russell: Sustained. Mr. Kasdin: -- general (UNINTELLIGIBLE) -- Chair Russell: Sustained. I understand what you're saying. There was nobody displaced from the property of the project itself. What is it that you're--? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Please, sir, the -- you will absolutely have your opportunity. Unidentified Speaker: Okay. Chair Russell: You will absolutely have your opportunity. This is their opportunity as a group to refute that statement. Ms..lagannath: If -- it would just be helpful to do this direct examination style. In relation to the Magic City SAP, has FANM expended any funds to respond to this -- to the application that's (UNINTELLIGIBLE)? Mr. Kasdin: I object to the relevancy of that, whether FANM's expended finds is not a harm individual to them. Chair Russell: I'm going by the criteria laid out by the City Attorney that if this group has expended funds with regard to this project, it may establish them -- the association with standing. Mr. Kasdin: I don't think that's -- Ms. Jagannath: We've been requested by the members for additional information on the development pressures in their neighborhoods. Why they're seeing an upward impact on their rents? Why are they seeing an uptick in evictions? And because of that, FANM has had to direct resources towards explaining -- you know -- to canvassing, talking to people in the neighborhood, organizing meetings, providing food for people, providing the -- Ms. Bastien: Transportation. Ms. dagannath: -- to -- so that -- City of Miami Page 109 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Understood. Clearly, you have -- Ms. dagannath: -- they can understand what's happening in the community. Chair Russell: -- spent funds -- Ms. Bastien: Yes. Chair Russell: -- and you believe it's due to their project. Ms. Bastien: Yes. Mr. Kasdin: (UNINTELLIGIBLE), Mr. Chair, because this is a serious matter -- Chair Russell: Absolutely. Mr. Kasdin: -- again, totally nonspecific. If they wanted to present a case on it, they would need to come in with specific evidence, saying, "This is how they're harmed, this is how much it cost, this is who was harmed, and this is who we had to help. " We have heard none of that. There are, by the way, a number of other organizations in Little Haiti that provide service directly to Little Haiti, which if you were talking about an organization and a neighbor that would have greater standing, if any organization had standing, they would. For instance, Notre Dame d'Haiti, which is the parish right across the street, which provides probably more service in Little Haiti than any other organization, they are across the street. This -- they are located on 84th Street. They service people not only in Little Haiti, but throughout and beyond Little Haiti. We don't know where their members are from. We don't know what's been spent. We don't have -- we have no specifics to support the fact that they are specially affected. Chair Russell: But when they try to give specifics, you object to the specifics being offered. Mr. Kasdin: They are not giving specifics. They're saying they spent money on meals. They did not say that, "We" -- they haven't given how much money was spent, when it was spent, why it was spent, what the event was; just -- this is a hearsay general statement, which we have -- there's no way of verifying whether what they're saying is true or is not true. It's a different story if someone says, "I live right across the street. This is my address. You can check it on public record. " But to say they spent money on meals is not -- Chair Russell: Thank you. Do you have any documentation of the expenditures of the organization? Ms. Bastien: We do, but we don't have it right here, as we speak; we do. For the past 18 to 24 months, we've been having meetings every other Thursdays. Last Thursdays, for example, we have members coming, concerned about their forced evictions. We had renters coming to seek assistance. Every day we have members coming. We have families who have been displaced, who lost their place of living, coming to seek assistance. We do not have a financial report with us right now, but this is something Chair Russell: How long would it take you to put that together? Ms. Bastien: -- that we can get. Chair Russell: How long would it take you to put that together? City of Miami Page 110 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Bastien: A few days. Chair Russell: You -- okay. So it's not something you have on a computer or on your phone, or anything you could produce for us this evening, even if we tabled it for a little bit? Ms. Bastien: Exactly. Mr. Kasdin: May I ask the witness a question, Mr. Chair? Chair Russell: You can ask me a question. Mr. Kasdin: Well, this is cross-examination; it's my right. Please identi -- you just mentioned an individual who you had to help. Would you say who that individual was and what the problem was? Ms. Bastien: Well, he was here -- Mr. Kasdin: And when--? Ms. Bastien: -- like I said, he was here. Eddy McCune was here earlier. He has been now renting for the past three years. Chair Russell. Where? Mr. Kasdin: Where? Ms. Bastien: Right -- his office is right on 59th Street, close to your project. Mr. Kasdin: Was it in Magic City? Ms. Bastien: Pardon me? Mr. Kasdin: Was it in the Magic City property? Ms. Bastien: No, no, no. His office is close, yeah. Mr. Kasdin: Where? Ms. Bastien: He rents a warehouse. So he's been paying diligently, but as it hap -- as it has been happening to many of the businesses, he was mugged at gunpoint, and he was in the hospital, and as a result, while he was at the hospital, his business space was closed, with all his merchandises in it. When he went to the developer who rents him the space -- right? -- he was asked to pay $1, 000 -- Mr. Kasdin: Objection. Ms. Bastien: -- as I indicated -- Mr. Kasdin: This is such -- Ms. Bastien: -- earlier. Mr. Kasdin: Objection. Hearsay. City of Miami Page 111 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Overruled. You actually asked her for the specifics. That's what she's doing. Mr. Kasdin: I -- no. Mr. Chair, I cannot cross-examine this person who she has not named -- Chair Russell: You asked for -- Mr. Kasdin: -- (UNINTELLIGIBLE) has not named. Ms. Bastien: You're being rude. Chair Russell: Please, everyone, please, please, please. Mr. Kasdin: He is not here to be cross-examined. Chair Russell: But you asked for this, specifically. You said, "What's his name? Why did you spend? Why--?" Mr. Kasdin: And he is not here to be cross-examined. Chair Russell: She established that before, but you still wanted to know. Mr. Kasdin: But she's going on with more facts. Chair Russell: No, no, no. Listen, please. It's not about you cross-examining that person. You're cross-examining the group that expended on his behalf. And so, it is fair to ask them. And even if he is not here, they're establishing that they spent the money, and they spent it because of some impact from this -- Ms. Bastien: Exactly. Chair Russell: -- coming project. Ms. Bastien: Yes. Mr. Kasdin: But that would be on that individual, and with that individual not being here and not able to be examined, there is no way of verifying whether what she is representing is true or not. Chair Russell: Because they've already left. And I think that's why they stopped talking about him earlier, and you asked them again. So I don't think they brought that; you asked them. Mr. Kasdin: But (UNINTELLIGIBLE), if they're going to make an argument for standing -- Chair Russell: Yes. Mr. Kasdin: -- they need to have their -- the evidence and the facts before the Commission, so if they want to present it -- Chair Russell: Yes. Mr. Kasdin: -- in the course of making a decision. City of Miami Page 112 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Do you have a list of your 200 membership and 30 -- did you say "staff or --. Ms. Jagannath: It's 30 members and 200 beneficiaries. Chair Russell: Thank you. Do you have a list of them and their addresses, so we can understand sort of a heat map of where they are, compared to the project? Ms. Jagannath: I have that. Chair Russell: Yes. Do you have it tonight? Ms. Jagannath: Yes. Chair Russell: Okay. Yes, please. Mr. Kasdin: How does your --? May I ask a quer --? How does your organization affected differently from other organizations in Little Haiti? Ms. Jagannath: I don't -- the standard -- Mr. Kasdin: (UNINTELLIGIBLE) -- that provides social service, services to the community? Ms. Jagannath: Objection. The standard is not one organization versus other organizations in Little Haiti. It is -- Mr. Kasdin: It's different (UNINTELLIGIBLE). Ms. Jagannath: -- one organization versus the general public. Chair Russell: Stop, please, please, please. Mr. Kasdin: It's different in kind and has -- so how is your organization, which is amongst one of many active in Little Haiti, assuming yours is active in Little Haiti, how are you affected differently than those other organizations? Ms. Jagannath: It's -- the standard is that the aggrieved or adversely -- they have a legally recognizable interest, which is or will be affected by the action of the zoning authority in question; that the -- sorry; just going to pull up -- "Intervenor" means -- this is under the Miami 21 -- they're a person who's interested in the proceeding are adversely affected in a manner greater than those of the general public. And then -- I don't have it before me -- I can get the citation from Renard, but Renard also says that a legally (UNINTELLIGIBLE) interest is one that is greater than that of the general public, not -- the comparison is not organization to organization within one neighborhood. Chair Russell. Under -- I understand and agree. I would say greater than the general public -- this group is adversely impacted more than the general public. So is there a motion to grant standing on this to this group? Mr. Kasdin: Or deny? Chair Russell: Or deny? Thank you very much. A motion to grant or deny so that we may move on? Commissioner Hardemon: I will -- can I say a couple things, a few things maybe? City of Miami Page 113 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Of course. Unidentified Speaker: Yes. Commissioner Hardemon: I haven't heard any facts that have been put that describe a situation that is worthy of standing for intervenor status. We've considered intervenor status in other aspects where we've looked at properties that were abutting, so it's different zoning changes, and some that were even a few houses down, across the street, a few houses down. Mr. Kasdin: Yeah. Commissioner Hardemon: Across the street and a few houses down, those people, if I remember correctly, at some point, did not get standing, as compared to those who were directly abutting it. We've been very protective of this issue. FANM -- and, you know, I can't put facts on the table; only the attorneys can. FANM is an organization that gets some funding from the City of Miami, you know. So there is -- if there are funds that are being spent to educate people about things that are happening within the City of Miami, we're part of that funding mechanism, you know, so kudos to us. Organizations that are for this particular SAP have also spent funding to educate people about what's going on. I think people have spent it one way and the other. It's a very unique situation, because, you know, I am listening to the things that are being put on the record, and I would -- I mean, I would agree with counsel, where he says, "Look, the importance about being able to test a witness is" -- "it is about due process. " To be able to look at someone and say, "Okay. " The only witness that's being put on the stand right now is Ms. Marleine Bastien. And there are some things that she can account for, and there are some things that she cannot. She cannot tell us that another person -- she can't tell us what another witness said about his eviction, or anything of that nature, because she does not, on the firsthand knowledge, know that information. She can say whether or not she assisted that person. She can say how much money she spent in assisting that person. And I would love to know if FANM, you know, was -- is paying the rent for business owners and homeowners and renters within our community, because if they are, I'm assuming they would have a lot more money than I thought that they had. But, you know, we're talking about 30 -- as what was described on the record, there's 30 members of FANM. We haven't heard on the record who those members are. We haven't heard on the record where those members live. We haven't heard on the record how those members are greatlier -- greater impacted than the general public in the City of Miami. I would think, from the way that it's being put, just from the facts that are here -- and I welcome an opportunity for you to add more records -- more facts to the record -- but that -- what I've heard is a general impact of not necessarily this development, but of rising housing and rental prices in the Little Haiti community. And so, you know, when I think about those -- I mean, those facts, those don't amount, to me, to intervenor status. I think there has to be a little bit more that's going to have to be put. It's just - - it's a little weak. So I'll give you an example. Neil, can you take the lectern for a second, please? Neil, take the lectern. Mr. Fairman: Yes, Mr. Commissioner. Commissioner Hardemon: State your address for the record, please. Mr. Fairman: 180 Palm Avenue, Miami Beach. Commissioner Hardemon: That's directly across the street -- these are made-up facts. That's directly across the street from the subject property; is that correct? City of Miami Page 114 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: You want him to say, 'yes "? Commissioner Hardemon: Yeah. Mr. Fairman: Yes. Commissioner Hardemon: These are fake facts, because you're -- this is not on the record for what's being had here. Mr. Fairman: Okay. Commissioner Hardemon: And they're trying to build a 20 -story building next to your home; is that correct? Mr. Fairman: That's correct. Unidentified Speakers: (UNINTELLIGIBLE). Chair Russell: Please. Commissioner Hardemon: Your home is a two-story home; is that correct? Mr. Fairman: That's correct. Commissioner Hardemon: And the impact that it's going to have on your home is that you're going to be forever blocked by sunlight; is that correct? Mr. Fairman: That's correct. Commissioner Hardemon: There is no other home that lives as close to that building as yours; is that correct? Mr. Fairman: That's correct. Commissioner Hardemon: So the point that I'm trying to make is that he's giving facts that are specific to what's happening in that space. He's a person that she can test. So I could say to her, "Counsel, you can have him to ask questions for cross- examination," and she can ask cross-examination questions. It's called "counselor." If members of FANM cannot hold themselves together enough to pay this -- all of us the respect of just being quiet and listening at a time like this, then I'm going to have to ask you all to leave, because we've been -- we've had three outbursts now from three different individuals wearing a "FANM" T-shirt that's probably paid from funding that we gave to FANM. Ms. Bastien: What funding do you give? Commissioner Hardemon: We give FANM -- Ms. Bastien: The $30, 000 for poverty to buy food for the after-school program? Mr. Kasdin: Mr. Chair -- Chair Russell: We need to bring order back to this room, please. We're going to speak through the Chairman. Commissioner Hardemon: Look -- City of Miami Page 115 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: And we're not going to have outbursts from the public. Everyone will have their moment. Commissioner Hardemon: -- look -- Chair Russell: I understand your frustration, but we're going to do this appropriately. Commissioner Hardemon: --so -- Chair Russell: The Commissioner is making a point about what establishes standing versus not standing. Commissioner Hardemon: -- personally, I don't -- Chair Russell: It's an illustration. Commissioner Hardemon: -- personally, I don't believe that their standing has been established for intervenor status; I just don't think so. But I'm not going to move or make a motion to grant it or deny it, right? They can continue on trying to establish it. That's what -- I don't mind hearing the facts, but all I'm saying is that let's be truthful with the facts. Remember, when you raise your hand and you say that you're going to tell the truth, that we expect facts to come out on this record, because this is a very serious matter. If there are not facts that are coming out on the record, then you can be held liable for the things that you say. This is not a game. No one's playing with anyone here. There are Bar licenses, and if you as a -- people who have clients -- right? -- the clients should understand that the seriousness of their lawyer's representation of the facts that they're putting on the record is important. I respect every single lawyer that's here; those who work for the public service and those who work on the private service, in private. And I think that every lawyer that has come before us understands what's happening here. There's a difference. The difference is that up here on this dais, this is not the courtroom. And so, we know that it's not going to go exactly as it should in a courtroom, and that's fine. But my point is whatever way we decide on the standing -- and I'll let the City Attorney really give his opinion on whatever it is -- I'm not -- that's not what I'm here for. But no matter what, if there is intervenor status or if there is not intervenor status, what it gives is for that party to have an ability to cross-examine, to test witnesses, to plead in this case. He has -- and opposing counsel has every right to object to that. But if intervenor status is granted, that's what they get. There's still going to be a hearing. There's still going to be evidence that's put on. There's still going to be everything that we expect. It just gives them more time in the public comment, which they've already had, if you can tell. So, you know, one way or the other, I want to hear whatever the presentation is, whatever the cross-examination of witnesses are, and we can go from there, because right now, the witness that we have is only one person; that's Marleine Bastien. Now, if there are other witnesses that are going to be called, call them. But if you're asking whether or not there has been enough evidence to put -- to grant an intervenor status at this point -- Chair Russell: It hasn't been put. You're -- Commissioner Hardemon: -- I personally don't think it has. Chair Russell: -- and I would agree with you. So do you have the list? And -- Ms. dagannath: I have the list. City of Miami Page 116 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: -- something's come to my attention from what the Chairman said -- I'm sorry -- what Commissioner Hardemon said. And I only say that as a joke, because this is the Chairman's gavel. You could throw your gavel. Don't throw my gavel. I made it, and I take care of it. You do need to establish that by fact, and we trust you as representing on this -- at this lectern to this dais that the facts you are giving are correct. It is not required for every member of your group to be here. You are here as a representative of your group. It is not hearsay to say what you have spent on a person and their experience. It could be hearsay for you to say how they feel or what they did, or et cetera, but you can speak for your group. You can speak who's in your group and you can speak to what you spent. Mr. Kasdin: Mr. Chair -- Chair Russell: So if you can provide whatever you can for us in this time -- if you need some time to gather it, we can enter into public comment, and you can come back, and we can establish whether or not you have standing, but we're going to establish it, one way or the other, tonight. So do you have the information at this moment, or do you need a little time? Ms. Bastien: We don't have; we can gather it. Ms. Jagannath: I have -- Chair Russell: But, I mean, we're just talking about the names of the members. Ms. Bastien: All the names. Ms. Jagannath: Sure. I have -- Chair Russell: Addresses of the members. Ms. Bastien: We have it. Ms. Jagannath: -- the names and addresses. Chair Russell: What you're missing is the financial amount -- Ms. Bastien: Yeah. Chair Russell: -- that you've expended. Ms. Jagannath: Yes. And I just also wanted to state for the record -- Chair Russell: Yes. Ms. Jagannath: -- that some of the members, including Eddy Mercure, who Marleine had talked about, were here, but were not able to stay until this moment to give live testimony. Mr. Kasdin: Mr. Chair -- Ms. Jagannath: And I'm happy to supplement the record. Mr. Kasdin: -- with due respect, I have not had the opportunity -- Chair Russell: Yes. City of Miami Page 117 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: -- to finish my response, and there is precedent in this City for this question and how it is handled. Chair Russell: Yes. Mr. Kasdin: And one that I can cite you to involve actually a Miami Design District project. I think Mr. Suarez -Rivas was the attorney at the time -- Chair Russell: Was there a group -- Mr. Kasdin: --where two people came up seeking intervenor status. One person was the directly abutting neighbor, and this Commission granted status. The other person lived less than half a block away and was not granted intervening status, because that person had no special injury or impact. In other words, just as Commissioner Hardemon was questioning the shadow or whatever it might be -- Chair Russell: Right. Mr. Kasdin: -- this is not a decision to be taken lightly, granting intervenor status -- Chair Russell: Agreed. Mr. Kasdin: -- because you're conferring on them something that potentially could give them extra privileges and rights that they do not have, that the members of the general public do not have. Chair Russell: Agreed. Mr. Kasdin: And just think of the precedent. If any time an association on any issue comes before this City and says, "We represent this group. We represent this neighbor. We represent" --whatever it is --"We want standing, "you have opened up Pandora's Box in terms of every organization to make that claim on every land use issue. It's a very dangerous precedent, and, as Commissioner Hardemon said, there have not been facts, not hard facts, you know. In this day and age, facts do count. There are no hard facts on the table which establish the criteria that the City Attorney so correctly laid out. Chair Russell: Yes. And so, in the past -- and the one you stated was not about a group or association, but rather an individual, but I understand what you're standing. One had it; one didn't. but when -- in the past, when we have asked them to establish standing, we ask them questions, just as the Commissioner said, and they responded, and we take them at their word. We haven't asked them to produce documents and produce lists and maps, and things such as that. If -- I asked her if her group is within the abutting area and she has so many. She's told me, 'yes. " She's told me they've expended money. She has told me that her people are -- her group is affected much more than the general public, and for that reason, I believe they may have standing; I believe they do. But it is a vote of this body, and I'm simply trying to move this along to a decision on this item. Mr. Kasdin: Mr. Chair, it is a -- Ms. dagannath: IfI could -- Mr. Kasdin: -- if you were -- if I may? If you're a property owner -- Chair Russell: Yeah. City of Miami Page 118 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: -- and you say, "I am a neighboring property owner, " that is a fact that is a matter of public record -- Chair Russell: Yes. Mr. Kasdin: -- that is beyond dispute. Chair Russell: Yes. Mr. Kasdin: An organization claiming generically that it represents people does not have that. Now, even if you talk in the world of organizations -- let me use the example of Miami Beach. The Miami Design Preservation League has one specific mission, which is -- regard to historic preservation. They didn't even have standing until they were granted standing in the City Code. But their -- it is their job, their mission specifically to be an advocate with respect to historic preservation. This agency is a social service -type agency, which represent -- which has many different kinds of functions, operates in many different kinds of areas, and you are going down a very slippery slope if you allow any organization to come up, try -- assert, without things that are verifiable and provable, because they haven't brought in -- Chair Russell: Yeah. Mr. Kasdin: -- so they have -- Ms. Jagannath: Chairman, Chairman -- Chair Russell: So you're asserting that they have the same impact from your project as the group across town? Mr. Kasdin: I am asserting that there's nothing in the record here which can establish that they have an impact. You have no basis on which to grant them status. Ms. Jagannath: We have testimonial evidence and the -- even as I was here, there was a couple that had -- is a homeowner based on 55th Street and Northeast 3rd Avenue that was talking about the impact. Mr. Kasdin: That's four blocks away. Ms. Jagannath: But the -- Mr. Kasdin: And they're not here. Ms. Jagannath: Sorry. Chair Russell: Please, please (UNINTELLIGIBLE). Unidentified Speaker: That's unfair. Ms. Jagannath: I'm not -- Chair Russell: Let them finish, please. Unidentified Speaker: And then the project -- Chair Russell: It's about the group, not the individuals. City of Miami Page 119 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Jagannath: Exactly. And as the Chairman had mentioned earlier, a project of this size, of 17.75 acres, a $1.5 billion investment, is a much larger project that has much greater impact on the surrounding neighborhood than a parking garage. And so, I think that is a factor that needs to be taken into consideration, and it is, in fact, one of the factors under Renard v Miami -Dade County. The type of change proposed is a consideration that needs to be accounted for when granting standing to a party. Chair Russell: All right. Shall we --? So if you have no further information to give toward your status of standing -- I believe the criteria are actually quite simple. Rafael, you have a comment? Mr. Suarez -Rivas: No. I just wanted to tell you that you're correct, Mr. Chair. As you deliberate this and make a ruling on it, it's -- you're right. This is a hearing where -- it's not a court. The strict rules of evidence don't apply, but still, competent substantial evidence that a reasonable person would support, while it's relaxed, it still has to be substantiated in some way by referring to a fact, an address, a name. You know, there's -- what's not required is maybe the like -- you still need the facts; that's competent substantial evidence. I just wanted to bring that up, and I wanted to give guidance to the Commission. In one case, I think years ago, where a court granted organizational standing to the Miami River Marine Group, what the court took into account therefor an organization -- because it's many times not granted -- was they were created with part of a mission to work with and enhance and protect the river. There were tugboat owners, salvage companies, stevedoring companies that were members, and that was one of the undertakings that this group was formed for. So a court considered something like that with organizational standing. I think this Commission in the past has also thought about is -- Are they registered in the neighborhood NET? I just wanted to mention those things. Thank you. Mr. Kasdin: Mr. Chair, I'd also like to -- Chair Russell: Thank you very much. Ms. Jagannath: I have -- Mr. Kasdin: -- Mr. Chair, may I read into the record? This is from the -- a website description of FANM is: "FANM's mission is to empower low- to moderate -income families, socially, financially, and politically, and give them tools to transform their communities. " It says nothing specific about Little Haiti. And in fact -- Chair Russell: Thank you. Mr. Kasdin: -- it links back to a cite that deals with immigration, which apparently is perhaps their main mission. So with respect to the statement that they are a protector specifically of Little Haiti, I think they have failed to establish that. Chair Russell: Might be fair to say Little Haiti has some immigration issues. I would like to hear -- I'd like to keep it strictly to the facts of the list of people that you have as members -- Ms. Jagannath: I have that list. Chair Russell: -- and the list of people that you have within the association, and I need the financial information of expenditure. You can -- you don't need to supply it to us in a perfect spreadsheet; you need to tell it to us, if you can figure it out. Now, what we can do is I will table this for now while we take public comment. You can gather the information over this next time. We have a lot of public comment to go through. And if we can get to it this evening, we should. City of Miami Page 120 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Bastien: Mr. Chair? Chair Russell: Yes. Ms. Bastien: For me to give you financial information -- Chair Russell: Yes. Ms. Bastien: -- I have my accountant. Chair Russell: Yes. Ms. Bastien: What time is it right now? It's very late right now. Chair Russell: Yes. Ms. Bastien: There is noway I can promise that I can get this -- Ms. Jagannath: You're tabling -- Chair Russell: I'm tabling it for right now. If it could come back this evening, I-- we will. But at the very least, this evening you should be able to produce us, even by reading it to us -- Ms. Bastien: Yes, yes. Chair Russell: -- the list of names and addresses. Ms. Bastien: Yes. Chair Russell: Thank you. Ms. Bastien: Yes. Chair Russell: So if you could gather that, please. We're going to move to public comment. Ms. Bastien: All right. Thankyou. Vice Chair Gort: And I think it'd be important, you know, the reason why they're evicted. Chair Russell: The reason why they're evicted? Vice Chair Gort: Yeah. Chair Russell: Thank you. Because if it's not related in any way to the situation --? Vice Chair Gort: Right. Chair Russell: Understood. He's stating if using a person's history of eviction as an impact caused by this project, he would like to know that it establishes that it was actually caused by the project in some way, and not by completely external facts. But you don't need to address that at this point; that's just what Commissioner Gort was referring to. So we're good for now. We have a clear path. I'm sorry that took so City of Miami Page 121 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 long, but it is very, very important, because it changes the entire course of the rest of this hearing, so thank you. Ms. Jagannath: I'm sorry. Just for clarity sake, I had prepared a presentation. Should I truncate that -- Chair Russell: Yeah. Let's -- Ms. Jagannath: -- and take a few minutes --? Chair Russell: -- table that for when you've got the full information. We'll do it all at once, and I think we'll make a pretty easy decision based on standing -- intervenor status or not. All right? Thank you very much. Thank you for your patience. Your name, please. Maria Rodriguez: Good evening. My name is Maria Rodriguez. I serve the members of the Florida Immigrant Coalition, including the founder member -- one of the founding members, the Family Action Network Movement. I'm really saddened by this latest hour that we've been here where we're questioning Marleine Bastien's standing, and stakeholdership in Little Haiti, and in this massive and historic development that could represent a -- the death of what we know as Little Haiti. I am not saying that the agreement could not have some positive connotations, but obviously, this development is tearing this community apart. And what we're seeing today is a result of decades of neglect by the City of some of the most vulnerable communities that's a result of systemic racism; and frankly, in an immigrant town of explicit anti -blackness. The SAPS, the full SAPS -- there's like a feeding frenzy to this elevated ground because of the sea rise. But the feeding frenzy is changing the DNA (deoxyribonucleic acid) of this town. What is Miami without Little Havana and Little Haiti? What is this town? I think that it's important to understand that $1 million, $6 million, $31 million -- the real concern of the people in this room is that we don't trust that that money will get to the real residents of Little Haiti; that we don't trust that there's representation on this dais for the humble, hard-working people of Little Haiti. Chair Russell: Thank you very much. Ms. Rodriguez: And so, we exhort you to look at development that's sustainable, that's equitable, and that's inclusive, and that this community is not -- Chair Russell: Thank you very much. Ms. Rodriguez: -- ready to move on this agreement. Chair Russell: Thank you for your comments. Pat Santangelo: Good afternoon. My name is -- good evening or good night, or something. My name is Pat Santangelo. I represent several Haitian -American businesses and business owners that are directly adjacent to or right across the street, or within a quarter to a half a mile of the -- of Little Haiti, who are enthusiastically in favor of this program, of this Special Area Plan. The businesses in specific are Piman Bouk Restaurant, Piman Bouk Bakery; Radio Piman Bouk, the CNN (Cable News Network) of Haitian radio; Chez Bebe Restaurant, owned by Piman Bouk. And Piman couldn't be here tonight; kind of a busy guy. Also, Providence Community Medical Centers; also All Florida Construction; and also, as a board member of the Little Haiti Football Club, which is a nonprofit that has children playing at Little Haiti Soccer Park for free, every day, five days a week, keeping the kids off the street till 8 o'clock tonight. We're all in favor of this program for this Special Area Plan. Thank you so much. City of Miami Page 122 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you, Pat. Pat, welcome back, by the way. Mr. Santangelo: Thank you, Commissioner. Chair Russell: Are you representing them oj5ricially? Are you registered to represent Mr. Santangelo: Yes. In fact, I believe there's a letter in the file from each of those businesses in favor of the Special Area Plan. Chair Russell: Thank you. I just wanted to establish that you're representing them. Mr. Santangelo: Yes, sir. Chair Russell: Got you. Thank you very much. Sir? Rene Charles Maurice: Good evening, everyone. My name is Rene Charles Maurice, 180 Northwest 60th Street, Miami, Florida 33127. I'm an economist, and I'd like to -- first by saying thank you guys for your time. And to the audience here, just let you know we have the most handsomest Commission in the State of Florida. I want to start off with a prayer that says -- Isiah 29:13 says, "These people come near me with their mouths and honor me with their lips, but their hearts are so far from me. So says the Lord. " And in paraphrasing -- it says, "We speak with our mouths, but our hearts are so far from me. So says the Lord. " Rene says, "The separation between your mouth and your heart is called 'BS. "' And I believe that through a lot of political jargon and a lot of lawyer jargon that we've been receiving a lot of BS as the constituents and the people who live in Little Haiti. There's a lot of things that are up in the air. And I'm fully against the development of Magic City. I witnessed gentrification, and at first, I thought it was a bad thing. And it's not a bad thing, guys. It's the process to increase the value of a community. And I remember Mr. Carollo talked about face value of projects. And I'm talking specifically about intrinsic value. And for the people who don't know, intrinsic value is not measured by the size of the profit that's made on the project, but more of the size of the problem that is being solved. And we can say Little Haiti is going through some problems, and I'm not asking Magic City to fix those problems. Ido believe that the City— the people in this -- the constituents should be held accountable to do that. But the only benefit that I do see and I'm grateful for is that the Commission, Mr. Hardemon, and the constituents of Little Haiti, who's -- worked to -- made some agreements that I hope that these gentlemen here will honor; that you guys will honor on both the Commission side and what you said to the people of Ti Ayiti, and the Church of the Notre Dame. I have no interest in the Trust and I have no -- any other funds that's being allocated to Ti Ayiti. I make my own money, you know. And I help educate individuals and young entrepreneurs to make their own money. I as -- I came here today as a public declaration to ask for a seat on the board of the proposed Trust -- Chair Russell: Thank you. Mr. Maurice: -- for specific reasons, and I would like to share those reasons. It won't take long at all. Chair Russell: Thank you. Mr. Maurice: One: To assure ethics and high standards are being held, and there are people that are being held accountable for the economic liberation of -- City of Miami Page 123 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Sir, your time's up. I --just to fully understand, though -- because I'm getting a mixed message -- you are for it? Mr. Maurice: I am not for it. Chair Russell: You're against it, but if it happens, you'd like to be on the board? Mr. Maurice: As a -- to make -- to hold the people accountable. I have no interest in the money, nor do I care about the money. I do care about the preservation and economic liberation of Ti Ayiti. And for you guys who own this and who's writing a check -- Chair Russell: Please. Thank you. Mr. Maurice: -- walk through the neighborhood of Little Haiti. Chair Russell: No, no, no; address to the dais, but thank you very much for your comments. I really appreciate it. Mr. Maurice: Thank you, Mr. Russell. I do apologize. Chair Russell: Thank you very much. Hello. Wana Choiseuil: Hi. My name is Wana Choiseuil. I live at 15440 Northeast 10th Court. I'm here to speak in favor of the Magic City SAP. I work at the Fontainebleau in Miami Beach, and I understand the importance of job creation to our community. It's a risk of allow the Magic City to build greater density, but I believe in the negotiation for greater community benefits. Locate an area to make the Little Haiti benefits from the developer. I ask you to support the Magic City ASAP (as soon as possible). Thank you. Chair Russell: Thank you very much. Sir. Thumus Kennedy: My name is Thumus Kennedy. Do you need the address for --? No. Okay. So I'm the Political Director of the Florida Immigrant Coalition. We're here supporting one of our Coalition partners, FANM, Haitian -- Family Action Network Movement. So I want to start out by obviously stating my opposition to this project. I think it's totally out of character with the neighborhood. I think it's actually a monstrosity that in a neighborhood with a median household income of $25,000, it's obviously going to displace people; it's obviously going to gentrify the community; it's obviously going to push the local businesses out; it's going to displace people. Like Maria Rodriguez, my boss, said, this is the result of decades of neglect in the community of Little Haiti and many other communities, actually. And what we should be doing is actually promoting investment that grows the community organically, that actually gives the opportunity for people within that community to stay there. But if this project happens, if this monstrosity happens, what we're going to have is another Design District in Little Haiti. And I just want to actually also say that I am disgusted with the way Marleine Bastien was treated. She is -- her legitimacy as a leader in Little Haiti is without question. The work that FANM has done in that community, we all know; we all know it. And the historical standing of FANM of more than three decades of work, it speaks for itself. So you guys really should show more respect, because it's shameful the way you guys are acting. Chair Russell: Thank you for your comments. Rose Denis: Good evening, Chairman and Commissioners. My name is Rose Denis. I'm the President of Unite Here Local 255; address is 1525 Northwest 167, in Miami, City of Miami Page 124 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Florida. And I'm here to represent the hospitality workers, to speak up in favor of the Magic City Special Area Plan application. Our union represents over 200 families in the Little Haiti neighborhood. These members are some of our toughest members. Many have left family in Haiti to make the dangerous trip here to South Florida, and now they are the backbone of Miami tourist industry, making our area thrive. We take our role in South Florida very seriously. The hospitality industry can be (UNINTELLIGIBLE) and those that work in it. Too many are unable to see their families on holidays, because they are serving others. And many work two jobs, because the industry won't pay them enough to survive working one. They are literally the invisible army that makes our city work. We understand how hard it is, and we understand all doesn't have to be that way. We are happy to state that our union has been able to execute an agreement with Magic City that provides a part for us to work together with the developer so Little Haiti benefits from the hospitality jobs create. Thank you. Chair Russell: Thank you very much. Mr. Rattner. Sherman Rattner: Good evening. Sherman Rattner, President, 1809 Brickell Tenants Association, which is a legitimate organization recognized by HUD (Department of Housing and Urban Development), under 24CFRC245 [sic]. Just to go over a couple of numbers here. If -- I gather this was back -- paper calculation. 200 -- 2,662 units, roughly $250,000 apiece, plus the commercial, about a million square feet, and you've got something like a billion- to a billion and a half -dollar project. And if you're getting $31 million out of that, you're getting like less than 3 percent. Now you're inclusionary zoning is based on 7 percent. So this is -- if you look at it on no other basis, it's pretty lousy deal. They should be paying you 70 to $100 million in community incentive programs. Unidentified Speaker: (UNINTELLIGIBLE). Mr. Rattner: I'm sorry? Unidentified Speaker: We agree. Mr. Rattner: Okay. So you should have that right there. They need to comeback to the table, because this does not compute. On top of that, instead of -- we've all been working towards making affordable housing part of projects; not taking them and putting them over here. This is going to just be a walled city where nobody who actually lives in the community or in that area now will be able to afford to live. So the idea that they're shipping the people out and they're going to give you $31 million, and who knows where that money's going to wind up to, is just pure nonsensical. So if on no other reason -- and given the short notice, because this was profoundly different change in the whole structure of the program that they should come, and you're going to decide on something that they have so completely different, and there's nothing wrong with taking some of that money and putting it into the community, and I commend that. But to -- it's a lousy deal. It's a terrible deal. And I know you argue about $100,000 in glass window, and a few dollars here -- this is like half, a third, a quarter of what you should be getting out of this project given the impact. And their organization is a mile away from where this is. And you cannot tell me a billion - dollar project does not have an impact on -- Chair Russell: Thank you, Mr. Rattner. Mr. Rattner: Thank you. Chair Russell. Mr. Parrish. City of Miami Page 125 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Andy Parrish: Good evening. Andy Parrish, Wind and Rain Home Builders, 3678 Grand Avenue. First of all, I want to express my gratitude, even while I'm standing over here, to Marleine Bastien for coming down today. If there is a spokesperson for Little Haiti, it's Marleine; everybody knows it. And I'm not going to pontificate about intervenor status, because I gave up my practice in law a long time ago. I'm here, though, because I really appreciate Commissioner Hardemon, in particular, trying to get a better deal, because what I'm concerned about with SAPs is community benefits. What I've seen before throughout the City is the community benefits don't take into account what the community wants. First of all, let me preface it by saying this developer is coming to an area which for over five decades has had no private investment. There may have been some public investment, but no private investment. And private investment is what Little Haiti lacks, what Allapattah lacks, what West Grove has lacked. So I take my hats off to them. They're going to a place with terrible demographics. My wife is a commercial real estate broker. She says, "Nobody would go and build new developments in Little Haiti, because the demographics" -- "the poverty there is so extreme that it's very hard to make any money." So the result is they need density to be able to do this. So I have very mixed feelings about this project, but overall, I think the SAPS are in the Code. This project has tried as hard as they can -- it's huge, and it will gentrify the neighborhood. It will change the demographics. Let me just finish. I'll take a little -- this is a very complicated subject. Chair Russell: You have 22 seconds. Mr. Parrish: But what happens is when you have a -- too much investment too quickly, especially if you have more than one SAP, it will absolutely decimate the area, and that's what Marleine and the people here are concerned about. What I'm going to tell you tonight, though, is on top of that, I don't think you guys are nearly bold enough. You've read about the crisis of affordable housing in Miami. This is -- I agree with the last speaker. 31 million is not going to do very much in Little -- Chair Russell: Thank you. Mr. Parrish: It may be a lot for them, but 31 million -- Chair Russell: Thank you, Andy. Mr. Parrish: Wait. I really need to finish this; I really do. And I've been here with no lunch or anything -- Chair Russell: As everybody. Mr. Parrish: -- and it's 11 o'clock. You had lunch, I'm sure. What happens is that 31 million is going to get sucked away, and it's not going to do anything, really, for the community that I can see. What every one of these speakers has said, "We want to stay in our community." Chair Russell: Thank you. Mr. Parrish: And the only way to do that is for you guys to get more creative and to find ways, both rental -- you can buy -- you can take some of that 31 million -- Chair Russell: Thank you. Mr. Parrish: -- and buy apartment buildings. You could do what Commissioner Reyes wants to do. City of Miami Page 126 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Mr. Parrish -- Mr. Parrish: -- and just do homeownership. But you can also think much bigger than that. Chair Russell: Mr. Parrish -- Mr. Parrish: You could do a land trust. Chair Russell: --your point is very well made. Mr. Parrish: But I'm not done yet, Commissioner. I've been here a long time. This is very -- Chair Russell: I don't mean to be rude, but everybody gets two minutes. Mr. Parrish: You can have a land trust. Chair Russell: I can't be unfair. I can't be unfair. Mr. Parrish: You can have a land trust, and the land trust can be funded partly with the $31 million, and it can do lots of things for the community long term and help the people stay in the community more than just five years. Chair Russell: Thank you, Andy. Mr. Parrish: Thank you very much. Chair Russell: Thank you very much. Elvis Cruz: Mr. Chair -- Chair Russell: And Elvis. Mr. Cruz: Thank you. Elvis -- Chair Russell: Two minutes. Will we get to two minutes here? Mr. Cruz: -- Cruz, 631 Northeast 57th Street. This proposal is horrible on several different levels. Even before this SAP is considered, the City of Miami is already zoned to allow eight times more housing units than were counted in the 2010 Census. That's right; eight times more housing units than in 2010, calculated by your own Planning Department. That means eight times more population. We already know what our traffic congestion is like today, and our problems with portable water supply, sewage treatment capacity, parking capacity, hurricane evacuation time, and more. Imagine when the population is two times more, four times more, six times more, and eight times more. Again, that eight fold increase is already allowed before this SAP is considered. Miami is hugely over -zoned. You should not be up -zoning. You should be down -zoning. More importantly, this SAP is illegal. It would violate Miami 21, Section 3.9.1(h)10, which requires the capacity or height distribution to be in character and scale with the surrounding area. They're proposing 25 -story buildings in an area with two-story buildings, max. It is clearly out of character and scale with the area, and therefore, illegal. That is a departure from an essential requirement of law. Do not fall for the absurd contention in the zoning analysis that, because they're placing 25 -story buildings behind eight -story or five -story buildings that it somehow becomes legal. You just heard Item PZ.4, where a two-story building was proposed, and the Planning Director said it would be in character with the two - City of Miami Page 127 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 story buildings around it. Here, they're proposing 25 -story buildings in a neighborhood of two-story buildings. Yes, it's that crazy. This is not downtown Miami. This is Little Haiti. And if the goal is to destroy the character of Little Haiti, this will do it. Chair Russell: Thank you. Mr. Cruz: If the goal is to displace the community of Little Haiti, this will do it. Lastly, this is illegal on another level. Miami 21, Section 7128.2(c)G requires any rezoning application to explain why the existing zoning is inappropriate in light of the intent of Miami 21 -- Chair Russell: Thank you. Mr. Cruz: -- and particularly in relation to effects on adjoining properties. There is no such analysis in their application, because it would be impossible to craft incredible argument that the existing zoning is inappropriate. Chair Russell: Thank you, Elvis. Mr. Cruz: You're very welcome. Please do the right thing. Protect your constituents. Vote "no. " Then pass legislation to not allow up -zonings in SAPS. Chair Russell: Thank you for your comments. Mr. Cruz: Thank you. Gepsie Mettelus: Good evening, Mr. Chair and members of the Commission. Chair Russell: Good evening. Ms. Mettelus: My name is Gepsie Mettelus. I serve as Executive Director of Sant La Haitian Neighborhood Center. I -- for purposes of my intervention, I'll give my business address. My office is located at 13390 West Dixie Highway, North Miami, Florida. I have been there two years now, since I had to move out of Miami. I stand before you to say that I support this project, though this has not been an easy process. I want to begin by saying that I support it, because we don't want to stand in the way of something that may happen outside of our world. We don't want to stay in the way of a project that has potential benefits. Clearly, there are some challenges, and I know that we are putting in place a number of mitigating mechanisms to ensure that our community isn't displaced, our community is not destroyed, our community is not harmed in ways that we would be guilty of allowing to happen. I want to say that I appreciate the fact that the developers have taken the time to speak with many of us; yes, I must say that. We've had many conversations, many difficult conversations, many unpleasant conversations, but we have come to an agreement that we believe -- at least I believe in my heart of hearts is the best that we could do at this point. But we also know that Commissioner Hardemon stands to protect and defend the interests of this community. He stands here to protect and defend the conditions that we have proposed in terms of not only the Trust, but what ought to happen in this community. And I love the fact that the focus on affordable housing or mechanisms to ensure that people remain here, protect their homes, preserve their homes; small businesses have an opportunity to remain; artists have an opportunity to remain; students have an opportunity to have access to -- opportunities to benefit from all of this. And so, I would urge each and every one of you, because I think this challenge or this crisis, or this emergency of affordable housing is one that each of you is experiencing in your districts, right? From Coconut Grove to Allapattah to -- City of Miami Page 128 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you. Ms. Mettelus: -- Little Haiti to Overtown to Liberty City. We all know that it's a reality, and it's going to be incumbent upon you, members of this Commission -- right? -- who happen to be sort of supervising this challenge today -- Chair Russell: Thank you. Ms. Mettelus: --so we want to be on the right side of history. You want history to document you've done all that you could to guarantee that people in this community would have the affordable housing that they deserve. And so, again -- Chair Russell: Thank you. Ms. Mettelus: -- I thank you. Chair Russell: Thank you very much. Ms. Mettelus: Thank you for the opportunity. And thank you again, Commissioner Hardemon, for all you've done thus far. Chair Russell: Thank you for your comments. Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Yes, I do. I don't --I really don't want to cut anybody's mike. You will hear a 30 -second beep, which is a short beep, and that's sort of the -- "Let's start bringing it together to get to the final point." And then you'll hear a long beep, and that is the two -minute mark. And I really don't want to be rude, because I know you've waited all day, and it's very important that you be heard; both sides, all sides, everybody. It's -- I don't want to cut anybody off, but please try to respect the time. Wilkinson Sejour: Okay. Chair Russell: Thank you. Mr. Sejour: I'd like to say good evening to Commissioner Reyes, Chairman Russell, Commissioner Gort, and Commissioner Hardemon. It's very clear that this deal that's on the table today is historical, and I do want to commend Commissioner Hardemon for the work that he's been -- that he has put behind this deal in order for us to be here today. I do want to thank Magic City for, of course, coming to this point with the type of finances that's on the table right now. I do have some concerns. In return for the developers having all rights and privileges that comes with an SAP, it's only right and fair that no changes or amendments that requires Commission approval will not be heard, discussed, or voted on without the balance of funds paid to the Trust. I also request that a time certain date be associated with the balance of the funds paid to the Trust. The community should not be at the mercy of the developers to fulfill its obligations and commitments. I am asking for a five- to seven-year timeline to be added to the agreement for the balance of the funds. You know, I think that the focus of us being here this evening is to try to safeguard the Haitian indigenous community, and we need to find some kind of way to mitigate the impact that's going to happen in the community. And we do want the community to partake, you know, in this successful endeavor that's going to be good for each and every one of us. So I do urge and I -- and it's -- you know, from what I've seen, these guys have been putting in a lot of work to make things happen, and we've very happy about that, but I just want to make sure that there are some safeguards put in place in order to make sure that our community can partake and -- City of Miami Page 129 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you. Mr. Sejour: -- date and timelines are very important and rather it be permanent. Chair Russell: All right. Mr. Sejour: So those are my conditions. But I am for the project. Chair Russell: Thank you for your comments. Reginald Jean -Mary: Good evening. My name is Reverend Reginald Jean -Mary. My address is 110 Northeast 62nd Street, Miami, Florida 33138, and I'm the current administrator of Notre Dame d'Haiti Catholic Church, and I'm the direct neighbor to Magic City. And for the record, let me begin by saying that I represent 4,988 registered members in Little Haiti, and I don't think that there is any institution, any institution in the diaspora that is stronger and that have more people than Notre Dame d'Haiti Catholic Church. And for the record, again, let me begin by saying five years ago, the faithful of Notre Dame d'Haiti, in the middle of the inflation, built a $5 million church in 50 years in Little Haiti, not paid by the City. And also, today I would like to begin, first of all, by expressing my gratitude to my distinguished Commissioner, Hardemon, and to all of you, to all of you, because it's my third trip in the City Hall, and I've witnessed the good hearts, the good efforts you are making to defend the dignity of Little Haiti. And thank you, Commissioner, for all your leadership and all the sacrifices you have made to come to that agreement; I believe will help the community of Little Haiti. I would like also to express my gratitude to Marleine Bastien. She was the one who have -- who introduced me to the issue of gentrification in Little Haiti. Thank you so very much, because I've come to understand that through her. But like I said from the beginning, I am not against development. I have met several times with the people of Magic City. We have argued on good terms and bad terms, and I must tell you that in my correct conscience, I felt that these people have made a conscious, honest effort to come to that agreement that we have today. I am for that agreement. I will ask you to let Magic City proceed with the project. And also, I will ask that you do all your best -- Chair Russell: Thank. Mr. Jean -Mary: -- that -- to keep -- to safeguard that agreement for the people of Little Haiti. And today, the most important thing, Chairman -- Chair Russell: Thank you. Mr. Jean Mary: -- that all of us, the Haitian leaders, not to rely on what people are giving us. Put our heads together and give our community the dignity it deserves so that the young people have a future. Chair Russell: Thank you, sir. Applause Laura Munoz: Hi. My name is Laura Munoz, and -- Chair Russell: Thank you very much. Ms. Munoz: Thank you. And like many people here, I want to remind the Commission that this is historic, and that the impact that it will have -- will have impact for generations to come, and this is something that should not be taken lightly. City of Miami Page 130 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 And to be honest, I am keeping myself together, because I honestly think that this is a disgrace. This -- what has been offered is a disgrace; that to put that number to our community, to the displacement that will come is a disgrace. I think that our community deserves so much more, and that this deal is really ridiculous, in my opinion, and that this Commission should definitely fight for more. I am completely opposed. I think that it's a disgrace, what's going on here, and I will ask you to reconsider. And in addition to that, I would like to also talk about my concern about the way that Marleine was treated today by this Commission. It was ridiculous, and all of those men should be ashamed. To treat a person who has worked so hard for the community for years in that way, it's really just -- I cannot even put words to it. So I am completely opposed to it, and I believe you all really should go back -- this is going to impact -- and think about on-site affordable housing on the building, on-site affordable housing. Think about doing an impact analysis; not just rush through things that are going to impact community for years to come. Thank you. Chair Russell: Thank you very much. Alisa Cepeda: Hi. Good evening. My name is Alisa Cepeda, and I'm hereon behalf of the Palm Grove neighborhood, and I would like to expand a little bit on the letter that was introduced that Magic City described, and that also, Commissioner Hardemon mentioned. And if it's okay with you, Chairman, I'd like to distribute the actual letter -- Chair Russell: Of course. Ms. Cepeda: -- to each of you. Thank you. Gilbert Racues: Hi. My name is Gilbert Racues. I'm the Organizing Director with Engage Miami. We talk to young people everyday about what issues they care about and what issues are on their mind, and affordable housing is, surprisingly, already a top issue for them, even though they usually still live with their parents and aren't covering all the bills yet. I think that just speaks to the crisis that we're facing in the City, and you all know what a crisis it is. Commissioner Russell, you mentioned the slow creep of gentrification in the City, and with all due respect, I don't think it's a slow creep that we're facing. And with this development, it's only going to go into overdrive in the neighborhood of Little Haiti. And I think how we address this crisis and this issue today is about the future of the City, and if we're going to prioritize the people of the City or the people who want to make money in the City. An SAP is not supposed to be a get out of free -- a get out of zoning free card. I don't -- I'm kind of confused about how we're talking about the 31 million today. This is a $1 billion project. Like was already mentioned, that's less than about 3 percent of that. And if you think about how many profits are going to be made on those I billion, I think it's a rounding error. I don't understand why we're saying, "It's 31 million historic. " I don't understand what amazing things are going to come out of those 31 million, compared to the impact that that development's going to have on the neighborhood. And to be honest, to see it talked about that way, I don't -- I'm not sure folks are understanding the crisis that we are in, in this City. I don't understand how we're going to build 2,500 rental units, and none of those are going to be affordable housing on-site. Again, I don't think we're understanding the crisis that we are in, in the City if we're actually considering that. So, yeah, I think, you know, we're going to have a lot of big developments keep on coming up, and that this is going to be a constant issue, and I think we really have to think about what's the future of the City, and who are we considering for that future, and really improve the process for developing this SAP. We've talked a lot about displacement today, but there are no displacement studies. I think that's something you have to consider. And also, consider all these -- what's the amalgamated impact of all these different City of Miami Page 131 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 developments, and how it's really impacting the community, because we're really just taking it one by one, and this process isn't working out. Thank you. Chair Russell: Thank you very much. Ms. Cepeda: Thank you. As I stated, I'm a resident of Palm Grove, and I'm very grateful that Commissioner Hardemon looked out for us, and made sure that this letter was included in the record. But we are very cautiously optimistic. We are not geographically in Little Haiti. They are taking the largest brunt of this project, but we are 50 feet to the east, and they do have buildings in Palm Grove. Unfortunately, traffic is a situation that we're all dealing with, and we are going to absorb a lot of this. We're a very small neighborhood. We are bounded by Northeast 4th Court and Biscayne Boulevard. We've become in the last couple of years a cut -through neighborhood. And while I feel that some of these things on this letter are a really great start, I feel also that this puts it back in your lap and in my lap. I need a little bit more from you guys. We've lost opportunities that both the City and the County have agreed on, and we have worked very hard for. For example, on Northeast 59th Street, we had a traffic circle that was ready to go. We couldn't find funding for it. These are studies. How do we fund these projects? We are cautiously optimistic. I need you guys' help to make sure that we can stay in this community, and that we can retain our quality of life. A project that came before you a short time ago in Commissioner Gort's district, for example, was much smaller, and they're willing to work on a trolley stop, create a trolley stop, pay for the trolley for these residents. Can we have a little bit more to make sure that Palm Grove is going to be okay, as well? Thank you, guys. Chair Russell: Thank you very much. Danyealah Green -Lemons: Good evening. I am Danyealah Green -Lemons. I graduated with my master's in architecture degree two years ago from Florida International University, and I am a local architect, working in North Miami, in the Ironside Plaza, neighboring Little Haiti. I am also a proud member of the Miami Institute -- of the Miami Chapter of the American Institute of Architects. When I consider the neighborhood of Little Haiti, its demographic physical character, scale, and density, it is an ideal place for understanding the critical impact of social infrastructure. I present the following site analysis and documentation as part of foundational evidence to the incongruent nature of the proposed Magic City Innovation District Special Area Plan. The existing character of downtown Little Haiti along its main corridor of Northeast 2nd Avenue consists of two-story, 25 foot commercial storefronts. The infrastructure is historic of low-rise buildings, developed during the early migration era of Haitian immigrants to Miami during the 1960s, and has generated neighborhood profit, cultural stability, and local identity for Little Haiti to date. The definitive urban scale and proportion of the neighborhood is made of sidewalks between seven to eight feet, office storefronts, a 12 foot green buffer, and a seven foot wide parallel and angled parking space flanking the street. The surrounding area branching off minor roads, such as Northeast 3rd Avenue, is made of 15- to 20 foot high warehouses, as well as civic and residential buildings that do not exceed more than 50 feet. With the establishment of the Miami 21 Code, the existing zoning of Little Haiti allows for a maximum building height between eight to 10 stories, consistent with the low to midrise intimate building pattern. The rezoning proposed in the Special Area Plan would increase the maximum allowable building height to 20 to 25 stories, nearly triple times the existing. Beyond the explicit astronomical, environmental, and infrastructural impacts of rezoning to this capacity, the urban implications are grossly out of scale with the existing neighborhood. The proposed gradation of building heights in the Special Area Plan for the zone surrounding the existing green space of the Magic City Trailer Park would create an insular and isolationist urban experience. Though the City of Miami Page 132 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 proposal provides Dl -zoned parcels with a maximum building height of 10 stories, the majority of the parcels in the surrounding area are one to three stories high. In my expert opinion as an architect, locating the tallest buildings of 25 stories abutting the proposed central promenade with a transition to 20- and then to 10 -story buildings would create the opposite of the desired urban effect, essentially obstructing views and access to what could otherwise be an open and accessible renovated green space for the community. Additionally, as specified in Article 7, Section 7.1.2.8(c)2, in the application for rezoning under Item "G," it states, "The applicant's analysis shall explain why the zoning change is appropriate, and why the existing zoning is inappropriate in light of the intent of the Miami 21 Code, and particularly in relation to effects on adjoining properties. " The current application, as presented by the MDC -- MCD Miami, LLC (limited liability company) and others, hardly legitimizes the existing zoning of Little Haiti as inappropriate, and only includes the minimum required level of analysis -- Chair Russell: Thank you. Ms. Green -Lemons: -- with inclusion of an aerial photo, existing land use map, and a few diagrammatic illustrations of the proposed rezoning. Chair Russell: Thank you very much. Ms. Green -Lemons: In closing, let us be mindful that if policymakers discount the importance of Little Haiti's existing social infrastructure, this would sorely negate Miami's identity as a coastal city, leading in innovative urbanism in lieu of climate change and sea level rise. Thank you. Chair Russell: Thank you for your comments. Thank you. Leonie Hermantin: Good evening. My name is Leonie Hermantin, and I'm with Concerned Leaders of Little Haiti. First, I'd like to again thank the Commissioner, Commissioner Hardemon, and thank the folks at Magic City for having really been on the hot seat, wrestled with some of those -- with our members on the issues that are very important to us. I'd also like to recognize Marleine Bastien. I think that she has led the charge to educate all of us about the impact of gentrification, and I'd like to thank her. I would also like to thank the other leaders in this community, Gepsie Mettelus, Flore Lindor, Father Reggie, Father Jules, for having also galvanized the community and educating them around what was going on, and elicit from, you know, residents and stakeholders what would be the solutions to stabilizing the community. The reality is that Magic City did not cause -- is not causing gentrification. Gentrification will continue to impact our community even before one brick is laid, and that's the reality. The reality is that we have 75 percent renters in our community. We have 60 percent of the property purchased, purchased by companies for investment. This is the formula for disaster, for displacement, for pain, and it is not caused by Magic City; that Magic City, in light of this massive gentrification -- and I guarantee you that more people will be displaced before they do anything, before any permit is authorized; that Magic City is giving us the opportunity, one that no gentrifies [sic] has given us -- no one who buys property displaces families, saying, "Here, here's $5 for their rent," no. And so, we're thankful that these funds will help us mitigate the impact; address some of the inequities that exist today in our community. And so, we're looking forward to continuing the fight, but continuing to be vigilant, to make sure that the next generation will say that the seniors, the old people really fought hard for us. Thank you. Chair Russell: Thank you. Thank you very much. Thank you for your comment. City of Miami Page 133 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Danielle Goodman: Hi, Commissioners. My name is Danielle Goodman. I'm here as a friend and recent neighbor of Little Haiti, and I studied history of architecture. I want to address my remarks to you specifically about the governance aspects of -- and the troubling governance aspects; not just of this project, but of all the SAP's which are currently threatening Little Haiti. With these SAPS, states of exception have been written into the zoning basis. These are rich men's rules; rights that the general public does not have. This particular state of exception cannot be considered in isolation, but as one of many that threaten this community. Development at this scale will and already has pushed out seniors, small businesses, and renters. I'm not going to reiterate what my friends across the aisle have already said, but just to say that granting multiple states of exception within the Code in one small area is dangerous. Within the wider social and cultural context, this state of exception in the zoning benefits only a few. The lack of a clear commitment to build affordable housing on- site is deeply troubling. The economic analysis of the project assumes at least 50 percent of the people who will frequent and live in the space will be from outside of the City. Not ensuring that there's a clear commitment to affordable housing on-site is a condition of the -- that is a condition of the rezoning -- may violate the affirmatively furthering Fair Housing -- guidance [sic] to the Fair Housing Act by knowingly denying the opportunity for the majority black residents of Little Haiti to access these new resources and opportunities. Vague, nonbinding promises of City land as sweeteners do not mitigate this. What zoning applies to those City land which would supposedly be offered? The City should impose a moratorium on Special Area Plans until it can fix the SAP process. Thank you. Chair Russell: Thank you very much. Ringo Cayard: Good evening -- Chair Russell: Good evening. Mr. Cayard: -- gentlemen of the Commission. Mr. Chair, my name is Ringo Cayard, 6400 Northeast 64th Street, in Miami. I've been in this community for 44 years. My family is the primary family who built what we call Little Haiti, when nobody wanted to live in here but Little Haiti. It's amazing that I see so many people now defending Haitian, you know, on that side. In my days, it was not proper just to say that word, "Haitian." We are proud of that, and that's the same people who are against us. All of a sudden now, because there is an interest, they love Haitians. This is America, thanks God. They're talking about the developers. They forgot that in the City of Miami, it does happen that some developer lose their money. We are the only -- as an example, we have Midtown as an example. The developer lost, and it was okay. They're taking a risk to come to Little Haiti. For 50 years, nothing happen in Little Haiti, nothing. Now we have a group who come who wants to help us out; who will, of course, create job, give us opportunities. And we have a group of people who never cared for Haitians, and all of a sudden, they want to stop the progress. These are the people who are listening to their ancestor. We right now -- we've been working naked. We've been sticking our hands, trying to get some fruits or something from the trees, because they don't want no progress. When we came here, there were not too many people helping us, so that's why we have confidence in the guidance of Chairman Hardemon -- Commissioner Hardemon -- because his family was there with us, fighting injustice, fighting with immigration. The uncles, they were there. So I don't think it will be something which is (UNINTELLIGIBLE) to our community. I'm here to support Magic City. I say, thanks, God. Finally, we have some people who realize that this is an area that could make Haitian be proud. Thank you. Chair Russell: Thank you very much for your comments. Sir. City of Miami Page 134 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Pierre Mabout: Good afternoon. My name is Pierre, and tonight I'm very, very happy and so thankful that I could support my City. Little Haiti is the best city (UNINTELLIGIBLE) out of everywhere that I have been, so I just like to support them, and in front of the Commissioner, my city tonight. So I'd just like to say what I do fora living. I just go to church and feed the homeless. I been doing that for two years. And so, I'm satisfied that tonight I could just say some few word about it, and that's about it. Thank you. Chair Russell: Thank you very much. Martin Jean -Baptiste: Good evening, gentlemen of the Commission. My name is Martin Jean -Baptiste, (UNINTELLIGIBLE). And I'm here representing the Keep Haitian Vendors Association. We are located on 5903 Northeast 2nd Avenue. There are more projects coming in Little Haiti. Now I'm coming -- I'm talking to my community. There are more projects coming to Little Haiti. We have to learn from this one, and then regroup to do better next time. So we -- I believe that with entrepreneurship, there's answers to the social and economic challenges that is facing the Haitian culture. We are a group of 12 local businesses in Little Haiti, and vendors that have operated in the marketplace all wants to take advantage of the development of Little Haiti. Some members don't want me to name them this evening, but I came name a few. We have (UNINTELLIGIBLE) Cafe that is in the marketplace. We have Lakay Bakery that has started in the marketplace, and now own their own plaza in Little Haiti, and he doesn't feel development or gentrification, because he's an owner. We have Little Haiti Thrift Store, one of our clients that are now in the marketplace. We have (UNINTELLIGIBLE), which is two Haitian ladies who come invest in Little Haiti to open a wine bar with Haitian tapas. We have Chef (UNINTELLIGIBLE). Chair Russell: Thank you, sir. Mr. Jean -Baptiste: These people are my friends and family. I want to congratulate the -- Commissioner Hardemon's office for securing the capital and the land needed to turn the development of Little Haiti as an opportunity for our culture. My only concern is the timeframe within which the funds will be available after the first 6 million. In order to take advantage of the gentrification ofLittle Haiti, the $4 per foot square would have to reach the existing resident and businesses before the full effect of gentrification. Chair Russell: Thank you very much, sir. Mr. Jean -Baptiste: I would like to take the opportunity to thank Magic City Innovation District for the following reasons: Every time that I've made -- Chair Russell: Sir -- Mr. Jean -Baptiste: -- suggestions to you guys, you have listened. Welcome to Little Haiti. Chair Russell: Thank you very much. People get louder and faster as they try to wrap it up. I appreciate it. Faster is good, because we can get it done. Thankyou. Eddie Arroyo: I'll keep it brief. My name is Eddy Arroyo. I live in 401 Northwest 42nd Street. I moved into the neighborhood a number of years ago, and I've been witnessing the change that's been going on in the neighborhood. I'm part of the gentrification process. I'm an artist, as well. I've been given the opportunity to exhibit my paintings in the Haitian Heritage Museum in the Design District, talking about the gentrification in Little Haiti. And it's been very illuminating how the City of Miami Page 135 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 process is taking hold in Little Haiti, and how Magic City has played its role in the process, and accelerated the process of gentrification; which has been stated earlier that it's going to happen, with or without them. However, this SAP is going to inspire other major projects to make the process of gentrification move a lot faster. I would highly recommend that you collectively, much to -- echoing everyone else's sentiment -- evaluate all the other projects collectively to look for a way of making certain that the prosperity that's to come to gentrifica -- the prosperity to come to Little Haiti benefits everyone who resides there, and answers concerns regarding the evictions of businesses and residents that currently live there. Please, please reconsider this SAP. Push it back and evaluate it further, along with the other developments that are going to come and present themselves, and use Magic City's conclusion as an example for their own objectives. Thank you. Chair Russell: Thank you very much. Please, could we hold the conversations on the side? We need to respect the speakers, please. City Attorney's Office, Planning Department, please, there's -- we can have conversations in other rooms. Thank you. Dwayne Thwartes: Good evening. My address is 6916 Northeast 3rd Avenue. My name is Dwayne Thwartes. I'm a business owner in Little Haiti. I am also part of the union. I work at Marlins Ball Park. I've been in front of this board several times before. I remember one time saying that I would like, with all the SAPs that were being heard, that the Commission would take a great look at all of them, collectively. I think that this proposal, as it is, as it stands today, represents a significant opportunity and challenge to our community and City. The challenge is that we have to make sure that the current residents have access to the opportunities and benefits from it. In saying that, I am definitely in support of the project. I like the fact that it has negotiated a community Trust, and have made some commitments on local hiring. With that, I'm going to close by saying to Commissioner Hardemon, you did tight work on this project. Thanks. Chair Russell: Thank you very much for your comment. Hill Blackett: Good evening, Mr. Chair. My name is Bean (phonetic) Blackett. I currently reside at 5708 Northeast 2nd Ave. I have a business at 5706, which is the space right in front, and I'm soon to be homesteaded at 5824 Northwest 5th Court, which is right on the western edge of Little Haiti. I am very disappointed in the way this process took place. I was here in November for the hearing, at the end of which, we watched Mr. Fairman throw a fit, threaten to take his bow and go home, and state that he thought he was just going to pay his little fee and get his project, and that would be the end of it. And it looks like he is about to get his way. And I'm so disappointed that this is the -- this is what's going to happen to this neighborhood. They have a sign on their fence on the lot that says -- that proudly proclaims 550 units of affordable housing. Well, $31 million doesn't even get you 500 units of housing for 550 units of housing; gets you about 150. So I'm really unclear how this was an improvement over what they presented last time. I'm unclear, like, why people are praising this deal, why people are praising Commissioner Hardemon. I was so proud of him last time. I was so proud of him for taking this -- you know, how -- I don't know how much money you're worth, Mr. Fairman, but -- you know, taking this oligarch and sitting him down, and putting him in his place. Chair Russell: Please, direct to the dais, please. Mr. Blackett: And now, it looks like that has just collapsed. Chair Russell: Thank you. Mr. Blackett: And it's going to be a disaster for this community. Thank you. City of Miami Page 136 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you for your comments. Thank you. And if I understand correctly, the affordability portion, which we didn't really take up, is in addition to the 31 million; that within their requirements, there would be 368 units, approximately, of workforce on-site, and 184 units of affordable off-site, corresponding with the percentages. Am I incorrect on that? Those are my calculations, based on the 14 percent and the 7 percent of 2, 600 units. Mr. Rattner: (UNINTELLIGIBLE). Chair Russell: Then just disregard my comments. I was just trying to clarify, because he was stating that the affordability would come completely from the 31 million, but that's not correct, either, is it? Mr. Rattner: Yes. Chair Russell: Oh, so the affordability's all within that. Mr. Rattner: Yeah. Chair Russell: The requirements for the units on-site and off-site are no longer going to be -- Mr. Rattner: (UNINTELLIGIBLE). Chair Russell: Understood. I misunderstood, then. I'm learning more as we go. It's -- there's a lot to absorb in here. Thank you very much. Next comment, please. Francois Alexandre: Good evening, Mr. Chair. And good evening, Boards of Commission. My name is Francois Alexandre. I am the CEO (Chief Executive Officer) of Conscious Contractors, and also the coordinator for Concerned Leaders of Ti Ayiti. At this point in time, I'd like to thank our lawyer, Christian Tellis (phonetic), who have a done a great job in negotiating a great deal with Magic City. I also would like to thank Marleine Bastien for having to open up a lot of our eyes in regards to gentrification. And I would also like to echo Chef Creole's point in regards to front -loading more than half of the money that's going into this Trust. Demographically, we are changing, and we're changing rapidly, so we would need this money to be front -loaded in order to preserve Ti Ayiti; effective timeline on the delivery of the funds; agree with the five to seven years; and also, the safeguard of the Trust; and also, making sure that we, the descendants and the ones who lives in Ti Ayiti, make sure that we can continue to live there, and also be able to hang with the big boys over here. So we thank Magic City for this opportunity to come in our community (UNINTELLIGIBLE) trust us with their vision. I clearly would like to make sure there's a certain fairness that goes into this process. So I would like to say that I am in support of Magic City. I'm also in support of the great work that Commissioner Hardemon has been doing. I ain't going to lie to you. I'm going to be real with y'all. I'm actually one of the hardest critics of Keon Hardemon when it comes to it. Unidentified Speaker: He is. Mr. Alexandre: Right. I'm going to be real. So with that being said, for a man to stand in the gap for a community who has not ever seen money like this; for a community who hasn't -- let's be for real. There's people who's coming here, they've been in the community for 25 years, but they not been held accountable for what has been going on in the community. If the community is not developed by now, by the time I get into it, by the time he gets into it, it's because it's our -- it's all our fault. But City of Miami Page 137 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 we can live to fight another day. We can also have a new day. And what -- that new day is for us to think about the co -existing mechanism we can put in place to co -exist with Magic City, and also making sure that we're also comfortable in Ti Ayiti ourselves. Thank you. Chair Russell: Thank you for your words. Kathy Bird: Hi. My name is Kathy Bird. I work for the National Latina Institute for Reproductive Health. We're located at 1951 North 7th Avenue. I'm here -- I was born in Miami. I grew up in Northeast Miami, and the main reason I'm here is because I love Haitian people. I think Haitian people bring some of the most beautiful diversity in our community. I don't know if y'all have actually spent some time in Little Haiti, but it's amazing to see the fresh pastries being made at the bakeries and eating griot at Chef Creole and listening to kompa music coming from people's homes, and watching people at the bus stops catching the jitneys to go to work every morning. And I want to say, I don't know if people notice, but the folks that are taking care of our old folks, the people who are cleaning our hotel rooms, the people that are doing the jobs that nobody wants to do are Haitian people. And we're talking about that community, and that's who we want to protect. We don't -- there is no affordable place to live in Miami anymore. If you push these folks out of where they're living, they have no other place to live. I read a story in the Herald about a woman who has to commute by bus four hours every single day from Opa Locka, because she can't find an affordable place to live to work on the Beach as a hotel housekeeper, okay? So I want to say -- the other thing I want to say is how much respect and love I have for Haitian Women of Miami, who recently changed their name one year ago, but that's who we're talking about, whose leader is Marleine Bastien, and I have deep mistrust for anybody who disrespects that organization. You clearly do not know what Haitian Women of Miami has done for the Haitian community in Miami. Chair Russell: Please, through the dais. Thank you. Ms. Bird: I'm sorry, but I really could not believe what I saw there. And I don't want to call attention to anybody else, but that, in itself, shows that there's deep lack of respect for the Haitian community. You need to look closely at those papers that are new, those pages with the Community Benefits Agreement that have details that people have not seen, that the public has not seen. We deserve a chance to look at it; and especially the Haitian community has -- deserves a chance to look at it carefully. I would not trust that just because they say they're going to give jobs that those jobs are going to go to the folks in Little Haiti, so please take a look at it -- Chair Russell: Thank you very much. Ms. Bird: -- closely. Thank you. Chair Russell: Thank you for your comments. Sir. Jean Dorcelien: Good evening. My name is Jean Dorcelien. I am one of the members of Concerned Leaders of Little Haiti, and also a member of Notre Dame d'Haiti. I am here in support to the project moving forward, and I do have faith and trust in the developers and also the community and also Commissioner Hardemon, and also all of you guys to make the right decision. Make sure that the best interest is in the favor of Little Haiti. And again, I am for the project moving forward, and trust that we all will benefit from what's here to come. Thank you. Chair Russell: Thank you very much. City of Miami Page 138 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Karla de Anda: Hi. My name is Karla de Anda. I'm not Haitian, but I have worked with Marleine Bastien for a long time. I've shared with her as a Board Member of (UNINTELLIGIBLE). I used to live in Little Haiti, but I cannot afford it anymore. I cannot pay rent there. And we cannot pretend that the community will not be impact. It will be impact. It will be gentrification. And are we sure how many houses, affordable houses are we going to have? I just ask, like how many affordable houses we have right now in that part of the community? Do you know the number? How many people will be impact? How many people will get displaced? And how many units are going to get built? What's going to be the impact for the people that live there, that work there; the people like me that cannot afford the rent anymore there? That's the -- I think that's the most important part. Did you did your homework? Do you know how many people are going to lose the opportunity to live there, the community? Also, as Marleine Bastien -- she knows that I adore her. She inspire me. She's one of my mentors. And it was disgusting, the way that he [sic] was treated. The lawyer of Magic City was referred by name and last name, and Marleine and Meena as "her. " As an apology, I suggest that the best way is to allow them to do the presentation of 10 minutes. She deserve that and more. She was very -- she was insulted. I don't know what is the issue; that they are women; that they are women of color? But I think she deserve an apology, and the best way to apologize is to let them do the presentation. Thank you. Chair Russell: Thank you for your comments. Hello. Flore Lindor Latortue: I'm Dr. Flore Lindor Latortue. I will be speaking as an inspirational speaker for Magic City, and thanking you, Chairman, for listening. Thank you also, Commissioner Hardemon. Thank you, Marleine Bastien, for her leadership; Commissioner Gort, Gepsie Mettelus, and all the colleagues of Concerned Leaders. On November 15, 2018, we, the people, we left this chamber hurt, heartbroken, and in pain with the directive and the leadership of the Commissioner who care for District 5, Commissioner Hardemon. We, in the parking lot, hug each other in unity for Magic City, who will serve as example of developer for generations to come to many of the developers who wants to do business in Little Haiti, because we did challenge them for 18 months. Magic City did not get it easy, and we women of integrity, we're going to applaud Marleine Bastien today for good news of TPS (Temporary Protected Status) being extended on February 28, 2019, and let's applaud her. Applause. Ms. Lindor Latortue: However, we want history to be made tonight, on February 28, 2019, for us; also black women, whether we are from Little Haiti, and when we go through those "A" to "Zs." We did our homework, Commissioner Hardemon, from November 15, and saw Magic City. You told them to go and check on affordable housing. We followed them, and as a woman of integrity and a woman of media, I challenged them. I followed them with my mike, with my television crew, and also the people calling the show. Letter "B ": We, the people, we work together on the benefit package; not that they impose us, but that we requested. Letter "C": Community benefit is included today, whether that you are for or against. You, the Commissioners, you asked for us to have forums. We did not have backdoor deal, but we sat since January 3, leaving our families behind to put our head together, and we had so far four forums. We want for Little Haiti to have a faith leap. The funds that will be given to us will be done fairly after we fight for. Letter "D": We had dialogue; as Gepsie Mettelus stated, not perfect dialogue. Tonight, Chairman, you are not watching division, but diversity of opinion. For good economic development, with Letter "E" -- Chair Russell: Thank you. City of Miami Page 139 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Lindor Latortue: -- we fought the right fight, because tonight, on the guard and in the United States, instead, we have inclusion, integrity, we also have the union members -- Chair Russell: Yes. Ms. Lindor Latortue: -- asking for jobs, and that is here tonight. Lastly, we always referred to Little Haiti as opening, opposing, but tonight, we want to hear "opportunity"; no more 'poverty" when people are addressing Haitians, but 'potential" and 'prosperity." We have had many storms in this chamber, but we are offering safety net. The reality check, Chairman, is that you said you wanted to see the rainbow. The rainbow will be on February 28, 2019, because we, the people of Little Haiti, deserve that chance. Chair Russell: Thank you very much. Thank you. Jean Souffrant: Good evening, everyone. My name is Jean Souffrant, and for full disclosure, I have been working for Magic City since they came to the community, and the reason for that is because I believe on being at the table to ensure that the community is represented to the full extent. I have also been going to Notre Dame d'Haiti for the past 27 years. I have seen the effects of the people of the neighborhood, and I have seen the need to have developers develop the area, because I want to be able, when I'm no longer able to stand, be proud of Little Haiti, because of what it becomes, because of what people see in it. I -- people have been coming to Little Haiti for the past many, many years, and yet, they've not invested what needs to be invested in a neighborhood to be what it needs to be. I want to say this: Marleine Bastien remains one of the 'porto mitan" of our community; 'porto mitan" of our community. And I don't think the deal that we have tonight will have gone where it is if Marleine Bastien had not challenged the developers. So (UNINTELLIGIBLE) for Marleine Bastien for what she's represented for the community; for what she's done for the developers to move towards a higher deal; for what she's done for me, for me to know that our community deserve better. So tonight, I encourage you to support this deal, because I am for it, because I think Little Haiti deserve better. Thank you. Chair Russell: Thank you very much. Erick Jules: Good evening, Chairman. Good evening, Commissioner and all staff. My name is Pastor Erick Jules. I am -- lead the church, One God in Three Persons, 495 Northwest 77th Street. I'm the member of Concerned Leader, also. I seen so many people talking about that project tonight, some people against. But all the people against that project, I have one question for them. You know what question? If they got better deal for us, bring it. If you don't got nothing to offer us, don't leave my hand empty. When we have a project coming for the community, it's not for me. I am old now. Think about the future, tomorrow. So when -- sometime the people come and say, 7 got the many people. " Father Reggie said that the pastors and the priests, they got more people. I'm not preach at the church. I teach the people to buy the property. If you live and you good -- I don't know the name exactly -- this happen: Sometime, we leave the gate open. You don't do nothing, and some people come to take care of that. Why you against them? I support that project. Welcome. It's not for me. It's for my future, for the kids tomorrow. May God bless you. Thank you. Chair Russell: Thank you for your comment. Sandy Dorsainvil: Good evening, everyone. I'm Sandy Dorsainvil; first time I actually have a Miami address. I'm a proud business owner of 5930 Northeast 2nd Avenue, soon to be Noir Gallery and Lounge. Full disclosure: I also have been given City of Miami Page 140 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 the privilege of participating in this Magic City project as the liaison between the community and the owners of the project. I am a child of Little Haiti. I have been serving the community since I was 16 years old. I attended Arch Bishop Curley Notre Dame High School. I volunteered at probably every single social service agency in Little Haiti. I served as the Director of the Little Haiti Cultural Complex, and I now produce special events and cultural events in Little Haiti. This deal for the community is probably not perfect, but it's what we had at this moment, and it's more than anybody else has ever done in this community. And I think, in good conscience, as all of us sit here and we talk about the good, the bad, and the ugly of this deal, we just have to be honest and truthful, and say that this is the most that we've had. And I want to publicly thank Commissioner Hardemon for putting it all on the line for us, and for speaking in behalf of a community that has not always been gracious to him, but he continued to represent us with all that he had. And I support this project, because it's giving us a direction; it's giving us a tunnel. It may not be the light at the end of the tunnel, but at least we have a tunnel to walk through at this point, as a community, and there's a way we can see -- we can begin to see our youth walking in a better direction. So I thank the Commission for taking the time to listen to all of this, and I ask them to continue to do their jobs, and to protect this investment that has been made in Little Haiti. Thank you so much. Chair Russell: Thank you for your comment. Madam Bastien, we have not yet established your intervenor status for the group. I believe this is the close of public comment, if there's no others willing to speak. So if you don't -- Commissioner Hardemon: Mr. Chairman? Chair Russell: -- you have not yet reached the point of a body decision here to grant this. And so, if your documentation is not ready at this time that you want to put it to a test, you can use your two minutes at this point to say your piece. Commissioner Hardemon: Before -- Chair Russell: I just don't want to force you to -- if you're not ready with your financial documents and that may disqualify you, and you feel you'd like those. Later... Chair Russell: So would you like to try to establish intervenor status at this moment, or shall we move with public comment? Ms. Jagannath: Well, it might make sense to move to public comment, because at this moment, what we have in our hands is testimonial evidence, and I -- it's my position that testimonial evidence is sufficient, but if you wanted further documentary evidence, then we would have to go and get those -- Chair Russell: Understood. Ms. Jagannath: -- and I wouldn't be able to produce those. So if that would make it fatal to the granting of status, then I would rather put it off to the next meeting. Chair Russell: It certainly could. Ms. Jagannath: Okay. Chair Russell: Madam Bastien si'il vous plait, if you would like to have your time. Ms. Jagannath: And I'll also have my two minutes. City of Miami Page 141 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Bastien: She gets two, right? Chair Russell: You have --? Oh, you'd like to speak first? Ms. Jagannath: I would. Chair Russell: Yes. Ms. Jagannath: You know, I think -- the reason why we have moved for intervenor status is to have a little bit more time from the community's side to be able to raise some of the issues that we have seen with this project. It's not just a question of money; it's also the question of the way that these documents are structured that are going to set a precedent for SAPS going forward, because this is the first SAP that is moving forward in a neighborhood of this nature, of this scale that, you know, is structured in a way that you -- to me, my analysis -- I mean, of course, I've not seen these most recent documents, which, to me, is a problem, because the community has not actually had the benefit of, you know, being able to actually evaluate whether the documents that support the things that are being said are actually in the interest -- in the long-term interest of both Little Haiti and the rest of Miami. But, you know, if I were to base my testimony, which I had already prepared, on the documents from before, I saw many deficiencies, including --for example, with respect to transit, in the Regulating Plan, it refers in certain places to this being a transit -oriented development. It is not. There is no station contemplated in the -- within a one -and -a - half --mile radius from the SAP area. And yet, they're seeking significant parking reductions that are based on this project being a transit -oriented development. Is that something that we would allow to move forward without looking at that more closely? Similarly -- I mean, again, it looks like the public benefits section has been completely changed. But something that was a concern of me or for -- to me was that the developer was basically allowed to add new benefits categories, assign a quota of square footage to bonus footage to it, and, you know, that not be questioned. Similarly, you know, the same open space, civic space is counted three times towards bonus side. So that's the kind of thing that if the project is going to move forward with that type of language in it and set a precedent for other SAPS going forward, that is a serious concern for all of Miami, and not just Little Haiti. And so, the reason why we're here is not to talk about the fund. The fund is awesome. I mean, if Little Haiti has more money to build affordable housing and all, and, you know, train folks and, you know, provide youth programs, nobody is against that, but it's -- but the point is that the documents need to be -- need to set the right tone and precedent for the rest of Miami. Chair Russell: Thank you very much. David McDougal: I just wanted to yield my two minutes to Marleine to give her extra time. Todd B. Hannon (City Clerk): Chair, the speaker's name? Chair Russell: Your name, please, sir? David McDougal. Mr. McDougal: Thank you. David McDougal, 4231 Northwest 11 th Place, Miami, 33161. Ms. Bastien: Thank you again. I think that one thing that I believe Magic City has done successfully for the past year is throwing the seeds of division in our community. And the way they've treated our organization, talking as though they know our organization, what we've done, and treating us with such disrespect, which is the way City of Miami Page 142 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 they've conducted their business for the past year, is a clear indication that we, as a community, need more time, more time to look into this mega project. Look at Little Haiti and its surrounding. We know that whether we have $35 million, no matter how you look at it, there is no way, no shape or form that Little Haiti can sustain a mega project, a mega development at the magnitude of Magic City; there is no way. One of our biggest asks that is -- that has been denied is to agree to having affordable housing on-site. If a mega development was coming to your community, Commissioners, and the development insisted of not allowing the residents to be able to access the services, the units that they are building -- when we consider that the median income of the residents of Little Haiti is $21,000, and in order to rent a unit from this mega development project, you need to make at least 60 to $70,000 by Magic City's own account, so if the development is not being done for the people, then who is it being done for? So for the past year, FANM has had to truly divert its resources; not the $30, 000 lousy dollars that we receive. FANM has had to divert its resources to support members who have been facing eviction; to support renters; to provide counseling to family members who have suffered from high levels of anxiety because of their lose -- they lost their apartments; apartments that they have been renting for years; businesses that have lost their only way of supporting their families. Every day at FANM, we have to divert our Organizer, who could be organizing around other issues, and yet, she has to do canvassing in Little Haiti. She has to speak to the homeowners of Little Haiti; homeowners who are being pressured to sell. Our Communication Director -- and I can give you the -- I will give you the amounts - - I was able to consult our fiscal coordinator, and he was able to give us this amount. Our Communication Director, we had to divert bi-weekly $2,500; Community Organizer, $2,600. We meet, for most times, every other Thursday to explain the questions to renters -- for renters, homeowners about issues that they face; an average $250 for food and beverage, for a total of $5,650. So we have proof, proof that FANM deserves to have standing, because we can prove, without the shadow of a doubt, that for the past year, we have been forced to shift resources -- Chair Russell: Thank you. Ms. Bastien: -- in order to support, you know, members who are displaced, members who lost their homes, businesses who lost their only means of survival in Little Haiti. And I'm going to end by saying, Commissioners, 20 years from now, we will be looking at tonight, because this SAP is extremely important and vital. It will set the precedence for every other development coming to Little Haiti in the future. We cannot fail to do this right. We have to get it right. And we need time. We need time to make sure that we get it right. We cannot rush through this process, and that is why we are asking for standing, because there are flaws -- Chair Russell: Thank you. Ms. Bastien: -- in the process, and we'd like to have time to address them. It's not about -- it's not only about money. It's not only about -- Chair Russell: Thank you very much. Ms. Bastien: --money. Thank you so much for having us tonight. Chair Russell: Thank you, Marleine. All right. We'll be closing public comment now. I am learning as we go on this item. It's a lot to soak in. It has so much potential for good. We can hear from the public comment there are concerns. Very few people are actually saying, "Just don't do this, over my dead body." They're saying, "We don't know yet what this could be, but we know what it might be that we don't want, but maybe we need to learn more." And it's not very fair that nobody in City of Miami Page 143 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 the audience knows what's in this. It's actually not fair that nobody up here that's voting on this knows what's in this. Commissioner Hardemon: I move to approve it. Chair Russell: Yeah, I believe the motion was already -- there was already a motion and a second, but I can't vote on this today. I've learned how important it is today to make sure that on first reading, we have all of our ducks in a row; that we don't make any assumptions; that we don't make any actions that aren't fully cooked so that we're working this out as we go. We need to know what we're doing on first reading. And we're on first reading, and we don't know what we're doing. Applause. Chair Russell: So we have a rule in the City that is constantly suspended, but that rule states that all documentation to be considered -- all backup documentation must be in the hands of the Commissioners five days before we come to this dais, and that has not happened in this case. So I'll be invoking that rule so I can study and learn all the good that's in this document. Commissioner Hardemon: I don't know if the rule applies like that. Chair Russell: Well, I'm so -- Commissioner Hardemon: Can we get some information on the five-day rule? Chair Russell: I'll read it to you. Commissioner Hardemon: I don't know if amending a document -- I'm just asking -- if amending a document -- Chair Russell: I'll -- so just so the public can be clear with this, in Section 233(c) 7 of the Code, "E": A copy of each agenda item, including each resolution and ordinance and all attachments and backup material, shall be furnished to the Mayor and members of the City Commission at least five business days before each regular City Commission meeting, with the exception of veto items. This rule shall be deemed suspended, unless invoked by a Commissioner before the Commission takes action on the resolution/ordinance in question. Once the rule is invoked, no action can be taken on the resolution/ordinance, unless the rule is suspended by unanimous vote of the Commissioners present. Vice Chair Gort: Point -- Commissioner Hardemon: Right. So -- no, let me say something. The rule that you just read states -- say that backup, attachments, all these different things. The documents that have been --that we're considering right now have always been a part of the record; much like the documents that Marleine Bastien and her legal counsel put forward. They were always on the record. The same way that Marleine Bastien made amendments to her document and wanted to supplant them in the record is the same thing that happened in this situation. So that's why I'm saying that I don't think the rule applies in this situation when you're amending a document and the information that is in the document is changed. There's not a new attachment, there's not a new -- something to consider that no one -- it just -- the rule, it doesn't seem to apply in this case, and that's all that I'm saying. Chair Russell: I understand where you're coming from, Commissioner. And if it were a trivial item -- I think it's why it's so rarely invoked, because it's only when it really City of Miami Page 144 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 matters. And a $31 million agreement that hasn't been shared with this Commission is a pretty heavy -- it's a benefit. I mean, honestly, this is something that you're bringing to this -- but it's confusing. I -- for example, even in trying to explain to someone who was speaking, I thought this was an addition to the affordable housing that was promised. And a body that has been moving towards inclusionary zoning and the idea of blending our incomes and being one community, this is moving apart from that, because not only did we have those hundreds of workforce units on-site, I was hoping to even bring the affordable units on-site, as well. Now we're sending them all off-site. Applause. Chair Russell: But I may be misunderstanding that, as well. I don't want to state a fact. I want to learn. I want to learn, and I want to get this right, because it could be so good for this community if we get it right. Mr. Kasdin: Mr. Chairman -- Commissioner Carollo: Madam City Attorney, this was something that was passed in the years that I was happy, you know, until I came back and found that, as Dorothy told Toto, we're not in Kansas any longer, and it was a changed city that is not what I had left. Nevertheless, is this a resolution, or was it made in the form of an ordinance when it was passed? Victoria Mendez (City Attorney): The items that we have before, the four items? Commissioner Hardemon: No. Chair Russell: No. Commissioner Carollo: No, no, no. Chair Russell: The five-day rule. Commissioner Carollo: The five-day rule. Ms. Mendez: Oh. Chair Russell: What is the mechanism that --? Ms. Mendez: It's a -- it's an ordinance. Commissioner Carollo: It's an ordinance. Ms. Mendez: It's an ordinance under 2-33 -- Commissioner Carollo: Okay. Ms. Mendez: -- of our Code, and it was changed slightly a couple years ago. Commissioner Carollo: Okay. Well, I am going to study it very carefully, because I might bring it back for a change to the ordinance, now that I see that the code of mutual respect to all of us has been broken. Since I've been here now, back for over a little a year, we've always respected each other, and not used that. It's been used now, and there were times that, frankly, I -- couple of times that I use -- almost used it. In fact, something happened not long ago, not by a member here, but by the Mayor bringing something up, and he's not part of the legislative body, and I had placed -- City of Miami Page 145 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 duly placed on the agenda a resolution, but he wanted to take credit for it, so he came with a -- what he claimed was a variation of mine, and it was something important, so I let it go. But I don't feel comfortable with it, because I don't think that this is something that is so far in a change from what is before us in the agenda. Chair Russell: Thank you. And I apologize. The recording is about to stop on the tape. How much time do you need to reset that, Todd? Mr. Hannon: As soon as the clock strikes midnight, we can start back up again. Chair Russell: Okay. So we're recessing for about 30 seconds. Mr. Hannon: Well, on the clock that I have here, which is what our program is based off, it's 11:58:19, so I'm going to need a couple of minutes. Commissioner Carollo: Well, I suggest then we stop now, because we don't know when it's going to stop, and -- Chair Russell: I agree. Commissioner Carollo: -- he won't be recording. So why don't you let us know when we can start again. Mr. Hannon: Yes, sir. Commissioner Carollo: Okay. Later... Chair Russell: Yes, thank you. We are reconvened. Commissioner Carollo was making comment. Commissioner Hardemon is looking for an interpretation of the five-day rule. Ms. Mendez: So this is -- Mr. Chairman, you're absolutely correct in your -- in the way you're utilizing the five-day rule. If there are changes, it can be brought up as -- however, if there aren't changes, then -- so that's what you all have to decide; whether you're going to -- if this is something you're changing now or if you're changing later. Mr. Kasdin: Mr. Chairman, may I address this? Obviously, we're the party in interest. To be clear, what our expectation was -- you have -- and I think Commissioner Carollo's interpretation is correct, but put that aside for the moment. What you have before you is what's in the agenda package, which was presented first back in November. What we are asking you is to adopt that, both the land use plan amendment and the SAP, and incorporate on second reading the changes consistent with those introduced by Commissioner Hardemon. Commissioner Carollo: That can be done. Commissioner Reyes: That can be done. Commissioner Carollo: And that -- Chair Russell: Yes. We've certainly -- yeah, it could be. But I'm not willing to vote on something that I haven't seen to this magnitude, and it's been made very clear to me by this Commission today how we feel about first reading and where we go with things; that we don't set balls in motion where we don't know what we're dealing with. City of Miami Page 146 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: Commissioner, we did present it to you a week ago -- last Friday, rather. We went -- we walked through this change with you. Chair Russell: I'm sorry. Actually, thank you for bringing that up. I was in your office last week, and you said you couldn't show it to me, because you didn't have it. Mr. Kasdin: I walked -- no, what I -- Chair Russell: We spoke about it. We spoke about it. Mr. Kasdin: We told you specific -- Chair Russell: But I wanted it. I wanted to hold it and read it and study it, and I want the public to see it. Mr. Kasdin: The exact same terms, though. Applause. Commissioner Carollo: Commissioner, I can remember several times in the past that it was you that said, "Let's vote on it first reading" -- Chair Russell: You're right. Commissioner Carollo: -- "and we could change it in second." So we're doing what you, yourself, had suggested in the past, and what has been done from time to time in this Commission. Chair Russell: Yeah. Commissioner Carollo: It's voted upon this way. Chair Russell: Yeah. Well -- Commissioner Carollo: If the maker of the motion would like to change his motion to that, I'll gladly second it. Chair Russell: Maybe we'll get back to that someday, but at this point, there is no further motion that can be taken on this item. Commissioner Hardemon: What? Commissioner Carollo: Well -- Commissioner Hardemon: That's not how -- it's not -- Commissioner Carollo: -- no. That's not -- no, no, no. Commissioner Hardemon: -- not how it works. Commissioner Carollo: There's a motion that could be made exactly as this item has been presented on first reading, and then we could bring the appropriate changes on second reading. Chair Russell: Here's how it reads: Once the rule is invoked -- Commissioner Carollo: Am I correct? City of Miami Page 147 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Please. Once the rule is invoked, no action can be taken on the resolution or ordinance unless the rule is suspended by unanimous vote of the Commissioners present. Mr. Kasdin: Not being taken on the new language. It's being taken on the one that's in your package. Commissioner Carollo: Exactly. Chair Russell: This was presented and added and amended into this. Mr. Kasdin: No, that's -- it was -- Chair Russell: This should have been in our backup. Mr. Kasdin: Mr. Chair -- Commissioner Reyes: Madam City Attorney, could you please clarify this? Ms. Mendez: If this Commission is taking this -- it -- the Chairman is saying that it's an amended item and that it is -- and that he -- the rule should be invoked, because it's being changed now. If that is the case, then he is correct. Commissioner Hardemon: But I have -- but don't we have a right --? Ms. Mendez: If we -- Commissioner Hardemon: We have a right to make amendments to whatever we want to right now. If I said right now -- I just read this document. I'm a member of this board, and I said, "This thing says that we get $1 million. I don't like that, Commissioner Carollo. I want $2 million." It's an amendment. Am I allowed to make an amendment to the document that's before me? Mr. Kasdin: And the maker can always change his motion before it's voted on. Ms. Mendez: Correct. So the -- there's a lot of things happening right now. So if we have -- if we are going to take the amendments as the Chairman has stated, if this is going to be amended now and he -- Mr. Kasdin: And that amendment -- and that -- Ms. Mendez: -- and this substitution that has been given -- or the documents that have been given will be taken on now, then you can technically -- at this point, he can invoke the rule. Mr. Kasdin: May I--? Ms. Mendez: If you are --if I may? Mr. Kasdin: May I object? Ms. Mendez: If I may? Commissioner Carollo: No, not yet. City of Miami Page 148 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Mendez: If you are going to take the item as -- make no changes to it, no changes to it at all -- Commissioner Hardemon: What about us? Ms. Mendez: -- you -- if you're not going to make any -- because you were the one that started all the changes. Commissioner Hardemon: Right. Ms. Mendez: So if you are not going to do any changes now, if you're just going to give it to everybody to digest for the next time, then technically, there's noth -- no rule to invoke. Mr. Kasdin: Correct. Now -- Ms. Mendez: So you all as a body have to determine how you're doing this. Commissioner Carollo: Yeah. And -- Commissioner Hardemon: So the thing about this is -- this is the part that I don't quite understand; this is why I disagree with you. If I had a ordinance in front of me and I wanted everyone to make changes to this ordinance on first reading, no one had ever seen the ordinance before, I can propose those changes. We can make those changes, and those changes will show up in our second reading document; no problem. The fact that the changes, a section are added and -- so you can see it is no different than me making the changes right here on this dais. Ms. Mendez: The problem -- Commissioner Hardemon: And the thing about the rule that you read, the rule says that the attachments must be there. There's no new attachment that's being put here, there's no new ordinance, there is no new rule. There is nothing new about the documents that are before us. Every document that we have in this packet is the same document that's in this book that was printed. Ms. Mendez: Right. The problem is that as it reads, "A copy of each agenda item, including each resolution and ordinance, and all attachments and backup. " So as it reads, it doesn't say "and any amended ordinances and any amended resolutions. " So as it's been stated right now, if you are going to amend this -- The reason why this passed -- and you can ask the maker of all of this -- is when there were too many substitutions or changes or -- I mean, that was the legislative intent behind it. So if you are going to change this substantially, then the rule can be invoked. Mr. Kasdin: Commissioner Hardemon, may I--? Ms. Mendez: That's why it was done. However, if you're not going to change it, there's no change, if everybody is going to take it as what was submitted five days ago Mr. Kasdin: Commissioner Hardemon, may I address that? Commissioner Carollo: No. Mr. Kasdin: Because I -- it's really -- City of Miami Page 149 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: Chair, Chair, Chair, hold on. Before -- and I'm sorry to interrupt you, Mayor Kasdin -- yes, he was a Mayor when I was a Mayor, too, so he has that respect. I think we need to finish this and then the Chair, I think, will allow you to come in and give your opinion. What Commissioner Hardemon is presenting is one argument that I will let him make, and I understand what the City Attorney is saying, but I also have a lot of sympathy for what he's saying, but -- I wasn't around when this was changed, but I'm around now. And what I heard that happened here was he made a motion, never got a second. So we're dealing not with any amendments from the floor, like he's saying in his argument. We're dealing with the same motion, exactly as it was presented, and we'll deal with it in the second reading to make whatever changes we want, and then it's going to come, word for word, back to this Commission the way it's going to be. But since he didn't even get a second to that motion, we didn't go forward in anything more. My God, how can I hear that we can't go forward in what was presented to us now that -- in the way that it is? Commissioner Hardemon: Makes no sense. Commissioner Carollo: I mean, that doesn't make sense to me at all. And I think you are saying that we could. Ms. Mendez: Right, if there are no amendments. If you're going to take it -- Commissioner Carollo: Yeah. Ms. Mendez: -- as what was submitted to you -- Commissioner Carollo: Yeah. Ms. Mendez: -- by the deadline, then you're correct. If it's going to be amended, the Chair is correct. Mr. Hannon: And Chair, I do need to -- Commissioner Hardemon: That's a better argument, Commissioner Carollo. Chair Russell: Thank you. Mr. Clerk. Mr. Hannon: -- make clear for the record that a motion was made at 8:34 by Commissioner Hardemon. It was seconded by Commissioner Reyes. So Commissioner Hardemon could withdraw -- Commissioner Hardemon: What was the motion? Commissioner Carollo: Yeah. Mr. Hannon: It was a motion to adopt 6, 7, and 8. 7: The SAP, as amended; the Development Agreement, as amended, in addition to include language where the Development Agreement would not be subject to the Transportation Trust Fund. But that motion can be withdrawn. Commissioner Hardemon: No, no, no. Maybe you misunderstood what I said, because if you're saying that what I said -- unless you can pull the -- you know, you can pull the recording, because that happens, as well. But I said that when there is a motion, I want these things to be considered. So I had -- I don't recall ever really, truly making a motion; that's why just now, I said, "I move it. " Mr. Hannon: Well, there was a second to what you stated. City of Miami Page 150 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: The original motion. And once the rule is invoked no action can be taken. So -- Commissioner Hardemon: I didn't make a motion. Commissioner Carollo: Well -- Chair Russell: -- this is -- then -- Commissioner Carollo: -- the bottom line -- Chair Russell: -- a motion doesn't need to be made and --for the rule to be invoked. Commissioner Carollo: Yeah, but the rule -- Chair Russell: Once we are contemplating the item -- Commissioner Carollo: Yeah. Chair Russell: -- the purpose of this is a safeguard; that no -- none of us can feel caught off guard by legislation we have not been able to study -- Commissioner Carollo: Right. Chair Russell: -- that we can't bring anything that the public hasn't had a chance to study; and so, that's why we publish our agenda. Now, we work with each other a lot to try to move through things and keep things flowing well, but sometimes things are big, and sometimes things are important, and this is a significant change. To even try and pretend that this is not a significant change is really glossing over some very important -- and it could be a very good change. I'm not trying to demonize the project or the developers or the concept. This can be the best thing for this area if we get it right, if we get it right. And we have the time to do that. Commissioner Carollo: Well -- Mr. Kasdin: Mr. Chair -- Chair Russell: There's no hurry. There were asks for studies. Mr. Kasdin: -- Mr. Chair -- Chair Russell: There were asks for all sorts of contemplations of understanding how this impacts a neighborhood of need, and the effects of development on a neighborhood that's facing displacement and gentrification is important for us to consider. We don't want to take action that is unfair to their property rights. Mr. Kasdin: Mr. Chair, as the applicant, I'd like the right to address this, and I think it is very clear, you can, under any circumstance, adopt what was in your agenda package with directions or instructions -- Chair Russell: Mr. Kasdin, please. Mr. Kasdin: May I finish, Mr. Chair? Chair Russell: No, you may not. It is not your position to lecture this dais and our City Attorney -- City of Miami Page 151 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Kasdin: I'm not lecturing -- Chair Russell: -- on how we should function this meeting -- Mr. Kasdin: I'm not lecturing. Chair Russell: -- and how we should carry this meeting. Mr. Kasdin: I am making a legal point, which is, procedurally -- it's a procedural point -- you can vote on the item that's in your package, and there can be directions on second reading -- Chair Russell: We cannot. Mr. Kasdin: -- to make it consistent with -- Chair Russell: Please, I am only allowing conversation to finish up on an item that is now complete, because once the rule is invoked, it is -- Commissioner Carollo: That's not what the City Attorney said. Chair Russell: She did. Ms. Mendez: I have a -- okay, I -- Chair Russell: She did. And so, if you want to bring another item, that's a different story altogether. Commissioner Carollo: No, no, no. Ms. Mendez: -- have a technical question for -- Commissioner Hardemon: I never made a motion. Ms. Mendez: --it's -- Commissioner Hardemon: Because what would -- well, what would my motion -- Chair Russell: You don't need to make a motion. Commissioner Hardemon: -- have been? Chair Russell: You don't need to make a motion. Commissioner Hardemon: No. The question is, what are we considering? We have Item PZ. 6, 7, and 8. PZ.6 is land use, Magic City; PZ.7 is Special Area Plan, Magic City; PZ.8 is Development Agreement. The changes that are being --that were being proposed to be made that we were supposed to go over from the last hearing to this hearing are apart of which item? They're not -- Mr. Kasdin: PZ. 7. Commissioner Hardemon: -- in every item. Mr. Kasdin: PZ.7 -- City of Miami Page 152 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Hardemon: Okay. Mr. Kasdin: --and 8. Commissioner Hardemon: And -- PZ.7 and 8. Mr. Kasdin: Right. Commissioner Hardemon: So for any motion, you have to read every single one of these ordinances into the record if you're going to consider the motion. But my point to you is that my motion would have been more direct. My motion would have been more direct. Even --yeah. Chair Russell: With all due respect, the motion is irrelevant. I could have done this at the order of the day. Commissioner Hardemon: I don't think you -- Chair Russell: As long as it is done before -- Commissioner Hardemon: I don't think you're right. Ms. Mendez: Right -- Chair Russell: -- the Commission -- before the Commission takes action on the resolution or ordinance in question. Ms. Mendez: Right. So -- Chair Russell: So it could have been before we heard it, before we spoke about it; it could have been any point where a Commissioner feels uncomfortable with the backup documentation not having been furnished in a timely manner, they can invoke the rule. Mr. Kasdin: He can make another motion that does not implicate the rule. Chair Russell: Not on this item. Commissioner Hardemon: On what item? Commissioner Carollo: That's your -- Chair Russell: On these -- on -- Commissioner Carollo: --that's your -- Chair Russell: -- I'm invoking it on all of these items. Commissioner Carollo: -- interpretation. Commissioner Hardemon: On what item? You can only -- Chair Russell: All right. You need to direct me. Commissioner Carollo: You can invoke all you want, Chair, but we have a City Attorney that gave an opinion -- City of Miami Page 153 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: It sounded pretty clear to me. Commissioner Carollo: -- and a majority of us can overrule this -- Mr. Kasdin: Correct. Commissioner Carollo: -- that as long as we vote for what was placed on the agenda today, we can vote on that. Mr. Kasdin: And there's no amendment to PZ. 6, whatsoever; that's just a land use plan amendment. Chair Russell: And I am invoking the rule before the item comes up. This item is now complete. Commissioner Carollo: No, it's not complete. Chair Russell: It is. Commissioner Carollo: No. Just because you say it's complete -- This is a democracy; it's not a one-man rule. If I understood correctly -- and I could be corrected if I did not understand what the City Attorney stated -- we can vote upon what was placed on this agenda today, whether you invoke 10 times the rule or one time the rule, because what's in the agenda has properly been placed. And what we're talking about is approving only what was in the agenda. Now, again, Madam, City Attorney, can we move forward only on what was placed on the agenda? Ms. Mendez: If it was placed five days before and nothing was changed -- Unidentified Speaker: Yes. Ms. Mendez: -- because what we're talking about is invoking the rule, because things were changed, because there wasn't enough time for everybody to deliberate on the item. That is the intent of the ordinance. If you're voting on something that is not changing -- Commissioner Carollo: We're voting -- Ms. Mendez: -- you're not amending it -- Commissioner Carollo: Yeah. We're -- Ms. Mendez: -- you're not substituting it. Commissioner Carollo: -- voting exactly on what was placed five days before, as you're stating. Chair Russell: That's not what was introduced. This document was introduced and spoken to, and it was discussed. The City Attorney has opined. Commissioner Carollo: I -- no -- Chair Russell: The item is complete. Commissioner Carollo: -- no, she has -- Chair Russell: We are now moving on. City of Miami Page 154 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: -- not opined. I need to know from the City Clerk what was placed on the agenda five days before. Mr. Hannon: I can't speak to exactly -- other than what was submitted here, then basically, it's already in the agenda. So if you're not -- and again, Madam City Attorney, correct me if I'm wrong -- but if you're not voting on anything that was handed out right now -- Commissioner Carollo: That's what I'm talking about, and what I've been talking about -- Mr. Hannon: -- that's already in the agenda. Commissioner Carollo: --from the minute I started talking in this. Can we vote upon what was on the agenda before anything was added to it after? Ms. Mendez: So that is -- the intent of this is not to change the legislation. So if you're not changing the legislation, if you're just voting on what was given five days before -- Commissioner Carollo: Exactly. Ms. Mendez: -- then there is no way to invoke the rule, based on the unchanged document. Now, I will tell you, this is super hyper -technical. We've never done this before. It is unfair for me to be doing this on the fly, but I will tell you what the intent was. The intent was so that everybody has the opportunity to review legislation and for it not to be substantially changed. So if we are voting on an amended document, the Chair is absolutely right. If we are not -- Chair Russell: Thank you very much. Ms. Mendez: -- voting on an amended -- Chair Russell: We're bringing -- Commissioner Hardemon: I move -- I move -- I move -- I move -- Chair Russell: I'm sorry. There is no motion to be considered on this item right now. Commissioner Hardemon: -- I move -- I move to pass PZ. 6 -- Commissioner Carollo: There is -- Chair Russell: I'm sorry -- Commissioner Hardemon: -- PZ. 7, and PZ.8 -- Chair Russell: -- I'm sorry, before -- Commissioner Hardemon: -- as it is, without any contributions -- Chair Russell: Commissioner, Commissioner -- Commissioner Hardemon: -- to the Little Haiti community -- Chair Russell: -- I'm going to -- City of Miami Page 155 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Hardemon: --from Magic City. Chair Russell: Please, order. Commissioner Hardemon: That's my motion. Commissioner Reyes: I second. Chair Russell: Please. I am the Chairman of this Commission, and I'm going to introduce you to another rule in the same Section 2-33(c) 7. Commissioner Hardemon: What? That you can close the meeting? Chair Russell: The City Commission meeting shall adjourn at the conclusion of deliberation of the agenda item being considered at 1Op. in., unless at that time it's -- the time is extended by unanimous agreement of the members of the City Commission Commissioner Hardemon: And your presence is -- Chair Russell: -- then present. Commissioner Hardemon: -- that consent. Your presence is that consent. Right now there's a motion and a second on the floor. Chair Russell: No item can be considered after 10 p. in. once an item has finished that has started before 10 p. in. Commissioner Hardemon: We were considering the item. Chair Russell: There was an item on the floor at 10 p. in. After 10 p. in., the meeting is -- shall adjourn; not "should" adjourn -- Commissioner Hardemon: Unless -- Chair Russell: -- not "might" adjourn -- Commissioner Hardemon: -- unless -- Chair Russell: -- the meeting "shall" adjourn, unless -- you are correct -- the time is extended by unanimous agreement of the members of the City Commission then present. Commissioner Hardemon: And that's what you're giving when you're here at 12:30 at night [sic] discussing an item. That's what that means. That means that the reason Commissioner Gort is here -- Mr. Kasdin: If not -- Commissioner Hardemon: -- the reason I'm here, the reason that you're here, Carollo's here, the reason that Reyes is here -- the reason everyone is here and not with their family right now is because they're considering the stuff that's on this dais right now. Commissioner Reyes: Well, if that is -- City of Miami Page 156 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Hardemon: I've never, ever, ever, ever seen a Chairman abuse his authority to do something like this. I just can't imagine why a Chairman would do this; could not imagine. I stated from the very beginning, we want to bring more resources into this agreement. Everyone here had an opportunity to talk with the developer. I watched people from the Haitian community get up and tell this body why they believe that this is the best thing for them. I asked Marleine Bastien, who everyone agrees is a fighter for the neighborhood, "What do you want? Do you want this to pass or do you want it to fail?" Should could not give me an answer. They want intervenor status; that's what they want. That doesn't mean that they want more money. It's not that -- "Give us more money and it works," no. There is no right answer. What people sometimes want to do is fight. They want to go down on the record as fighters, because if it passes, you get the same resolution. Little Haiti gets the money, but you go down as a fighter. And so, here we are talking about an issue where you're trying to invoke a rule where it doesn't apply. I'm flabbergasted. Why is Chair Russell: As am I. So if there's not unanimous agreement to continue the meeting after 10 p.m., the meeting is then adjourned. Commissioner Hardemon: The meeting is after 10 p.m. What are you talking about? Commissioner Reyes: That's right. Chair Russell: I'll read it more carefully if it needs to be clarified. "The City Commission meeting shall adjourn at the conclusion of deliberation of the agenda item being considered at 10 p.m." There was an item taken up, being considered at 1Op. in. It has now concluded. We cannot go on to the next item, unless the time is extended by unanimous agreement. Commissioner Carollo: It has not concluded on this item. Chair Russell: It certainly has. Commissioner Carollo: No, it has not, because we were still deliberating on the same item. Commissioner Reyes: Sir, I have an item that I want to continue, and Willy has an item. Everybody wants to continue the meeting, but it has to be unanimous? Ms. Mendez: Again, in 15 years, this hasn't been invoked, but it has to be unanimous. Commissioner Reyes: I hope you don't see that again. Commissioner Carollo: Well, then I see that when we come back, we're going to be putting some new ordinance into place. Commissioner Reyes: Yes. Unidentified Speaker: Move to overrule. Commissioner Reyes: Yes. And -- Chair Russell: Thank you very much. Thank you, everyone, for your involvement, your patience, your activism -- Commissioner Reyes: This is payback. City of Miami Page 157 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Applause. Chair Russell: And goodnight. We are adjourned. Commissioner Reyes: This is payback for -- Commissioner Hardemon: The Chairman is the Chairman; not a dictator. The Chairman is the Chairman; not a dictator. He does not have the ultimate authority to open and close meetings the way that he's trying to do it right now. This just absolutely does not exist. There's a motion, there's a second, and we should be able to entertain the motion and second that's on the floor. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: That is correct. Commissioner Hardemon: Leave. Commissioner Reyes: That is correct. Commissioner Hardemon: Leave. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: That is correct. Commissioner Hardemon: Leave. Unidentified Speaker: Stop it, stop it. Commissioner Hardemon: Leave. Unidentified Speaker: Stop it, stop it, stop it, stop it. Commissioner Hardemon: Leave. Unidentified Speaker: Stop it, stop it, stop it. Commissioner Hardemon: Get off of me. Unidentified Speaker: Stop it. Commissioner Hardemon: Get off of me. Commissioner Carollo: Look -- Commissioner Hardemon: I'm not going to sit here and accept this, no. Commissioner Carollo: -- the Chairman could leave -- Commissioner Reyes: But we have a Vice Chairman. Commissioner Hardemon: There's a motion and there's a second on the floor. Commissioner Carollo: Yeah, yes. The only -- Commissioner Reyes: And we have a Vice Chair. City of Miami Page 158 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: --the --yeah. Commissioner Hardemon: That's the Vice Chairman. Commissioner Carollo: The only concern that I have now -- I fully agree with what you're saying; fully agree. I've never seen anything like this in 40 years. My concern now is that we're opening this up for never-ending delay, because by us moving forward, like we have a right, a legal right to do, then it's going to get challenged, and then this is going to get tangled up for even more time. So we might be in a better place to bring it back at the very next meeting so that there's no more potential to challenge it in this way, because -- Commissioner Reyes: It is -- Commissioner Carollo: -- what the Chair is doing, he's setting it up so someone can challenge it -- Commissioner Reyes: Yes. Commissioner Carollo: -- and tie it up even more time. That's what he's doing. Commissioner Reyes: You're right. You're right. Commissioner Hardemon: So -- but, wait, before we move forward, let me have the wireless microphone, please. Commissioner Reyes: No, but he's right. He could tie -- Commissioner Hardemon: So the rule says, "The City Commission meetings shall adjourn, A,' at the conclusion of the deliberation of the agenda item being considered at 10 p. m. " -- Commissioner Carollo: Which is this one. Commissioner Hardemon: Right. Well, but -- "at 10 p. in., unless the time is extended by unanimous agreement of the members of the City Commission present" -- "then present" -- I'm sorry -- "then present." So at 10 p. in., if you were then present and there was unanimous consent to still be here, the meeting keeps moving on. So at this point, what I'm saying to you is that this meeting is still in session; that the Chairman has no authority to close this meeting by saying that at 10 o'clock, we were done with an item. Commissioner Carollo: I'm in full agreement. Commissioner Hardemon: Everyone is present. Commissioner Carollo: I'm in full agreement. Commissioner Hardemon: And if the Chairman walks off the dais at this point -- Commissioner Carollo: Yeah. Commissioner Hardemon: -- the meeting is still in session, and we could still handle business. Commissioner Carollo: Yes, we can. City of Miami Page 159 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Hardemon: I could move to reconsider the items that he has on the agenda. I can move to then deny those items that are on the agenda. We can do a lot of things, because the meeting is (UNINTELLIGIBLE). Commissioner Carollo: That is correct. Commissioner Hardemon: And that's why the ultimate authority is not in one person as the Chairman. The Chairman is supposed to encourage -- Commissioner Carollo: Absolutely correct. Commissioner Hardemon: -- debate amongst the members. And so, there is a motion and a second that's on the floor, and I believe that we have every right to pass any amendment or anything that we want to do on this dais that's properly noticed. Commissioner Carollo: Commissioner, I fully agree with you. I just made the statement that I did, because I know why this was done. Vice Chair Gort: Right. Commissioner Carollo: So then they could get any attorney, and, you know, you could be a Harvard attorney and still be an idiot; I know one, that he lost every one that he threw against me. But what will happen then is that -- Vice Chair Gort: Bring it to the next meeting. Commissioner Carollo: -- they're going to tie this up -- Vice Chair Gort: Bring it to the next meeting. Commissioner Reyes: Right. Commissioner Carollo: --for a much longer time than if we wait until we meet again. So I leave this up to this body. Vice Chair Gort: In two weeks, we'll bring it up. Commissioner Carollo: We have a right to vote for it. If you want to bring it up, I'll vote for it. Commissioner Hardemon: Commissioner -- Commissioner Carollo: But I'm just saying that, what's going to happen. Commissioner Hardemon: --part of the issue that we have -- Vice Chair Gort: Excuse me. Commissioner Hardemon: Commissioner Gort. Vice Chair Gort: I agree with you all. I think we've seen here how easy it is to challenge and go to court and so on, and it could be a lot longer. I would say, bring it back in the first meeting coming back. We've heard a lot of the arguments, and just make sure everybody gets all the documentation. City of Miami Page 160 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Hardemon: Before we -- listen. So what do we bring back? We bring back the same exact item that we had before? Unidentified Speaker: You are violating the law right now. This meeting is closed. Commissioner Carollo: No, no. Wait, wait. This is not -- Commissioner Hardemon: This meeting is not closed. Commissioner Carollo: -- closed. Commissioner Hardemon: This meeting is in session. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: This is not closed. Commissioner Hardemon: This meeting is in session. You should have a seat. Commissioner Carollo: Totally in session. Commissioner Hardemon: You should have a seat. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Hardemon: You should have a seat. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Hardemon: You should have a seat. Vice Chair Gort: Gentlemen -- Commissioner Reyes: We're bringing back -- Vice Chair Gort: (UNINTELLIGIBLE) adjourn Commissioner Reyes: I mean, we would have -- then the only thing that we would do is vote; there will be no public speaking after that. Commissioner Hardemon: But my point is this, today -- right? -- there is no substitution of the item on the agenda right now, because no one moved to include the substitution into the item. Commissioner Carollo: Right. Commissioner Hardemon: And so, there's no direction to include the substitution. Commissioner Carollo: Correct. Commissioner Hardemon: And so, my question to you is, what are we going to be considering when we come back? Are we going to be considering the information that's already in the agenda, or the substituted item that they were attempting to put in there? Commissioner Reyes: Substituted item. City of Miami Page 161 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: Well, the full substituted item, I would think. You bring it all back all at one time then. Ms. Mendez: Okay. So, it -- well -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Gort: Excuse me. Hold it, hold it. Ms. Mendez: -- I hate to throw one more wrinkle into all of this -- Commissioner Carollo: Okay. Ms. Mendez: -- but unfortunately, because the meeting -- it was not reset to the next - - it's supposed to be the next like meeting, so it would have to be -- not 3/14 -- if you want to bring back this item, not 3/14, but 3/28. Commissioner Hardemon: But we could move it -- Ms. Mendez: So you would probably have to bring -- Commissioner Hardemon: -- to the next item [sic], right? Right now, we're still in session. Vice Chair Gort: We can move it to 3/14. Commissioner Hardemon: Right now we could move it to the next meeting. Ms. Mendez: You would technically have to bring -- if we're going with everything that -- about the 10 p.m. and all that, you would have to bring a new item on 3/14 -- Commissioner Hardemon: So we could bring a substitute? Ms. Mendez: -- a new -- substituted, new -- brand-new item on 3114. Commissioner Carollo: Yeah. Commissioner Reyes: Bring a substitute. Vice Chair Gort: Make the motion. Come on, make the motion. Commissioner Hardemon: So the motion will be to bring the substituted item on 3/14? Vice Chair Gort: That is correct. Is there a second? Commissioner Carollo: There's a second. Vice Chair Gort: Been seconded. Any further discussion? Anybody from the public? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Vice Chair Gort: Thank you. Commissioner Hardemon: Do we want to move to reconsider some other items? City of Miami Page 162 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: You could; we're still in session. Commissioner Hardemon: I'm going to show you how this goes. Commissioner Carollo: Yeah. Commissioner Hardemon: You don't leave until the meeting is over, right? Commissioner Carollo: Yeah. We -- I'm here. I'm awake now. Commissioner Hardemon: Because we indefinitely deferred a NCD (Neighborhood Conservation District) rewrite, didn't we? Closing the meeting. Commissioner Carollo: The Vice Chair -- Vice Chairman, if you could close the meeting now and end it. Vice Chair Gort: Move to adjourn. Motion to adjourn. Commissioner Carollo: There's a motion to adjourn. PZ.7 ORDINANCE First Reading 4667 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LIGHT INDUSTRIAL" TO "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 DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL 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 IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FRESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.7 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 7, please see Item PZ. 6. City of Miami Page 163 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PZ.8 ORDINANCE First Reading 4716 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT Planning 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 ("MAGIC CITY SAP") COMPRISED OF 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 DESCRIBED IN EXHIBIT "A," 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 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. Citv ofMiami Page 164 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.8 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 8, please see Item PZ. 6. PZ.9 ORDINANCE First Reading 5118 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor - PZ OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.9 OF THE MIAMI 21 CODE, TITLED "SPECIAL AREA PLANS," TO PROHIBIT SPECIAL AREA PLANS IN 73," SUB -URBAN TRANSECT ZONES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.9 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. Chair Russell: Commissioner Hardemon, of course. Commissioner Hardemon: Thank you. We've been doing public comment for each individual item; is that correct? Chair Russell: Yes. Commissioner Hardemon: So we have not done a public comment on PZ.9; is that correct? Chair Russell: PZ (Planning & Zoning) -- Commissioner Hardemon: PZ.9 is the -- Chair Russell. Correct. Commissioner Hardemon: --Zoning SAP (Special Area Plan) updates. Chair Russell. Correct. Commissioner Hardemon: Right? Do you mind asking if there's anyone from the public that wants to speak on PZ.9? Chair Russell: I would prefer to try to finish up one item at a time, if we can. Commissioner Hardemon: But here -- you -- hear where I'm going with it, because PZ.9, for people who think that there's going to be unfettered access for SAPS in the City of Miami, PZ.9 is actually an item that limits the ability for SAPS to consider T3 properties. So these are single family -home properties; I think- some duplexes, City of Miami Page 165 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 also? Duplexes also, within those properties. So -- and what that means is that these are houses that traditional people who lived in the neighborhoods for a very long time have owned. They have always been affordable to people in the community that may be on the low -hanging fruit of developers to come purchase and try to include, so now eradicating neighborhoods and actually creating SAPS out of people's homes. And I want to just -- even if we don't consider it just before this vote, I want it to be recognized on the record while we're handling this SAP that we have legislation on this very agenda that is limiting the ability for SAPS to move forward, so that's it. Chair Russell: Thank you very much. I would like to keep together one item with -- and just keep consistent on this, but the point is very well taken. SAPs are a big issue in this City, and a lot of people feel that there needs to be a more comprehensive plan of how we look at them and the controls on them, and this certainly is one way to definitely create protections for the single-family neighborhood. PZ.10 ORDINANCE First Reading 3001 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor- PZ OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING "NEIGHBORHOOD APPENDIX A, TITLED CONSERVATION DISTRICTS", BY REPLACING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD -2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item PZ.10, please see "PZ Order of the Day." Chair Russell: So those who are for, those who are against. I saw at least a couple dozen people here, so if we could have a line at this lectern, it'll go much more quickly, and we will alternate lectern by lectern, and we're just going to go. So I only see one person at the lectern. I will listen to one person and close public comment, or we need a line. Thank you so much. That'll just really make us more efficient once we get into the groove. I really appreciate it. Feel free to pull the microphone down. Jacqueline Rose: Yes. Chair Russell: Welcome again. Now, just one more item of process. This is a deferral of first reading of this item. For it to pass, there would need to be two City of Miami Page 166 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 readings. We already had first reading; at which point, there were hours of public comment. So if you are here and you were here at the last public comment, please keep in mind, it is the same dais that was here; for the most part, the legislation is the same; except for that we've had a few sunshine meetings since then; some changes, some amendments have been made that are in the record on the new legislation that was printed that you have. You're welcomed to repeat what you said before, but I would encourage you to speak on the changes, the new ideas, you know, because that's really the difference between what you spoke about last time to here. It's not necessary for us to repeat everything from last time, but it's completely up to you in your two minutes. So with that being said, please. Welcome. Ms. Rose: My name is Jacqueline Rose. I have spoken to you before on similar matters. This is the worst one that I think I'm speaking on. I think that our American property rights are being taken from us. I feel like I'm in Cuba, and I'm being told, "The property you own, you can't do what you thought you could do on it that's been allowed for a hundred years; that now we're going to change the rules. " I don't think that's fair, and I don't think that's American. In America we have property rights that should be protected by you all. Put yourself in our shoes. And you're devaluing the property by what you're doing. And some of the people who own the lots, it's all they've got, and I had mine looked at, which was declared -- whatever the word is -- condemned. I had to destroy it. And now the people that are stuck with those houses, because they don't have the money to fix them -- I've had someone to come; they said it would cost 230,000 to repair the house. Those people don't have 230,000, and I doubt that you're going to be able to give them 230,000. So they're going to be very badly hurt, and I'm here to speak for them. My husband was in World War II, and he fought for our rights, and I think this is taking our rights away. Also, one more thing, and that is, I've been here since 1944. I have never heard of the things that you're doing now, and I think it's totally wrong. My dad got the first building permit issued after World War IL I've been a broker for over 50 years. This isn't fair to these people. If you want to have some homes in -- And my grandson lives in New Hampshire; they bought the homes that they wanted to preserve, and they put them in a little park, and that's what they did. But you want to preserve somebody's house and cause it to be worth next to nothing, because they don't have the 230,000 to fix it. I wish you would consider how would you feel if it was you and your property? Thank you. Chair Russell: Thank you very much. Katrina Morris: Hi. Katrina Morris, 4130 Lybyer Avenue, homesteaded in the Grove. I don't think we're trying to take away -- I'm -- I have asked for -- as a resident -- the Neighborhood Conservation District to be clarified and improved, and I'm -- I feel like a .5 FLR (floor/lot ratio), which is in the Gables and in Pinecrest, and I think it's smaller in Key Biscayne, is pretty reasonable. I think the residents who live here feel like we're being squeezed out by large developments, and the West Grove is disappearing. And I just think, you know, it's common sense, and it's part of living in a neighborhood, to respect each other's homes. So I'm just -- I'm for the NCD (Neighborhood Conservation District) improvements. Chair Russell: Thank you very much. Jackie Indacochea: Hi. My name is Jackie Indacochea, and I own properties in both NCD -2 and NCD -3. I am here asking you to vote "no" to this NCD. I'm not a developer. I'm not an attorney, so expecting us property owners to dissect and completely understand all the change language in seven days is irresponsible. I have purchased properties in the Grove since 1995. These properties have provided housing to Coconut Grove residents. I have not torn not one down. I take pride in my homes, and they are my retirement plan. That's it. That's all I've got. I can do City of Miami Page 167 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 math. When you take away 30 to 50 percent of my FLR, you take away 30 to 50 percent of my savings. Yet, in the same stroke of a pen, you take from me and the old-timers, the old-timers that have been here for long time, holding onto their houses, you take our FLR, but you double the density in commercial -zoned properties. We've been accused of stealing our properties and displacing Grove residents and destroying their history. Well, I promise you, I did not put a gun to anybody's head to buy their home. They sold it to me, and I paid top dollar. And although the HEP (Historic & Environmental Preservation) has been supposedly removed, there are now resolutions by a task force requiring notification to realtors, attorneys and others, informing potential buyers that they are buying in a historic district, and that all new construction will have to pay 10 percent fees for displaced Grove residents and a future 10 percent fee for future displaced residents. So although it's not included in this NCD, it's out there, and it's backed by heavy hitters. So I please ask you -- I am also one of those people that my house is that little house surrounded by the Goliaths. I get it. But I don't think it's fair that I held on and rent to Coconut Grove residents, and yet, I will not be able to build what they're building. Commissioner Reyes: Mr. Chairman? Chair Russell: Thank you. And I -- Commissioner Reyes: Can I --just a point of clarification, because I haven't heard that. That you have -- if you're going to build, you have to pay 10 percent of what? Ms. Indacochea: There's a task force that sent a letter January 24 to the Commissioners, saying that they are requiring a fund be set up for past -- Chair Russell: This is -- Ms. Indacochea: --displaced -- Chair Russell: -- not a task force of the City, and this is -- Commissioner Reyes: It's not a task force of the City? Chair Russell: -- not in the legislation. Ms. Indacochea: But it's -- Commissioner Reyes: It is -- is this in this legislation? Chair Russell: No. Ms. Indacochea: No, but it is by HOTA (Homeowners and Tenants Association) and a lot of -- it's -- but they're requiring realtors to tell people buying -- I'm just afraid that we're -- that -- Commissioner Reyes: Why? Ms. Indacochea: -- all these, "Get it done quickly; we're going to change it later," I want to make sure that none of that gets put in. Chair Russell: Understood. Commissioner Reyes: I promise you, if I'm here, that's not going to change --pass, because that is unheard of. City of Miami Page 168 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: It is not contemplated in this legislation, and I've already recognized -- an error on my part. I should have had Jeremy actually present the amendments that have been placed in -- on the record, because you're right; seven days is a lot to absorb it, and I would like the -- and we'll do it right after public comment, but -- because some of the things you're addressing are addressed in here. If you're the home in between the big homes, we actually have made an amendment for that, and the sunshine meetings led to a lot of changes and a lot of compromise. But the Planning Department will respond to that, but thank you for clarifying that, Commissioner Gort -- I mean, sorry -- Commissioner Reyes. Thank you. Lauralyn Bunn: Hello. My name is Lauralyn Bunn, and I live at 2521 Inagua Avenue, in the North Grove. I'm a resident. I am for the NCD proposal. Just come in my neighborhood and take a walk, as many of us do, and it's not hard to -- I'm not an architect, so I don't know which houses that have been built there. There are beautiful new homes that are set back from the road, and they're set back from the boundary lines; no problem with people coming in and tearing down and building new. But you can also see the ones that have pushed the limits on what is being built, and if that continues, our neighborhoods will not exist. I grew up in Eastern North Carolina, in a town called New Bern, North Carolina. I was on the Historic District Commission, and I was a part of, "People, We Saved That Town. " And if you go to Eastern North Carolina, you go to any community -- and you may have seen a lot of it on the news after Florence came through. The small town -- the property values in the town that I'm from --because we saved them. We became a historic district commission, which is -- that's not what this is about. But we kept the architectural integrity, the tree canopies, the building heights, and the amount of festivals, the tourism. The property values are dramatically different than others. Chair Russell: Thank you very much. Commissioner Reyes: Excuse me. How many habitants did they have? Ms. Bunn: In New Bern, North Carolina? There's about 50, 000. Commissioner Reyes: Yeah. Thank you. We have that -- I mean, we -- Chair Russell: Commissioner, I would really love if we could just let them present their two minutes -- Commissioner Reyes: No. I just want to make sure that I can picture it. Chair Russell: -- and we'll -- Thank you very much. Ms. Bunn: Thank you. Chair Russell: Sir. Emanuel Major: Good afternoon. My name is Emanuel Major. I own property at 3420 Oak Avenue. I've been there 20 years. I've been in Coconut Grove 54 years; all my life. There never was a West Grove. There never was a Phyllis Grove. It was always Coconut Grove. When you spoke of the Grove, you spoke of us as one. Now the same rules and regulations that apply for me should apply for everybody else. You can't come in my area and say that I don't have the right to develop my home and use my time and whatever I want for my land. Can I do it to you? Can I come and restrict you from being whoever you are? I should be able to develop. I have -- I'm invested. I stay there. If I want to make a nice home and live like everybody else, because I want to develop my land. This is true. But I shouldn't have no restriction on me, because there's no restriction on anyone in this building. So why City of Miami Page 169 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 are you coming to my area, saying that it's right for me not to have nice things? You're wrong. The NC -3 [sic], can I go to their area? They're developed. They got everything. Why is this dirt in West Grove -- what you call, but I call it Coconut Grove -- is any more expensive than the dirt that's in their area? Same dirt. Nobody has the answer to that. You want to -- you say it's development. It's not. I should have my rights. Thankyou. Chair Russell: Thank you, sir. Regarding the people that are still waiting outside in the hot temperatures, as you speak, please find a seat or exit the chambers so that more can come in. And I'd like to ask the Sergeant At Arms so that as about 10 people finish this initial ability to speak that we bring 10 new people in, rather than one at a time. That way, we can get people in and out of the heat and get through the public comment. I know there's a lot. Mr. Scott. Thaddeus Scott: Yes. My name is Thaddeus Scott. I live at 3794 Florida Avenue, Village West, and I am in support of the NCD -2 discussion and progress. And the reason why I'm in discussion of -- if you'll ride down Grand Avenue, if you'll ride down Grand Avenue, what used to be a very thriving community now looks like a war zone. And I hear everybody saying -- I hear people saying, "Okay. I need to be able to build whatever it is I need to be able to build in my community. " Right? But if what's being built there does not include me, what's the purpose of me having that right if what you're going to come and build, I can no longer afford to live there, I can no longer afford to live there? And I've lived therefor over 63 years. I mean, I may look like I'm 21, or something, but over 63 years I've lived there, and I'm going to die there, I'm going to die there. I happen to be fortunate enough to own a home there, you know, and yeah, some of my stuff needs to be held in check, because I am my brother's keeper. If I just leave it wide open, my brother, who probably can't, who's renting, won't be able to live there. And yes, I am his keeper. It's not about what I can have; I got enough. I got a home. I got a lovely wife. I have children who are doing all right, you know. I want my neighbors to be -- I don't even know my neighbors. They don't want to know me. They don't want to know -- and that's fine. That's, you know -- that's fine. I'm cool with that. Right? But I love my neighbors. Chair Russell: Thank you, Mr. Scott. Mr. Scott: The brother that was just speaking, he's a neighbor of mine, and I love him. Applause. Chair Russell: Thank you. We need more love. Thank you very much. Ms. Dixon. Renita Samuels -Dixon: Hi. My name is Renita Ross Samuels -Dixon, and I am against the passing of the NCD -2 and 3 proposal, and the reason is, I've had to read Miami 21, the NCD -2, the NCD -3, and I consider myself a resident specialist on these documents. Within the Miami 21, we were supposed to have 51 percent of the owners within NCD -2 notified if there were going to be any boundary changes. That didn't happen. And I have --I had to do the strike -through myself, and I did submit it at the first reading, and it shows that the boundaries have been changed in West Grove. Chair Russell: Is that correct, Mr. Gauger? Jeremy Calleros Gauger: For the record, Jeremy Calleros Gauger, Deputy Director for Planning. And to my knowledge, no. We kept the same -- City of Miami Page 170 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: There's no change in the -- Mr. Gauger: -- we kept the same -- Chair Russell: -- but there was no direction to change the boundaries? Mr. Gauger: No. Chair Russell: Thank you. Mr. Gauger: The red line on the map that's submitted matches the current NCD -2, NCD -- Commissioner Hardemon: I suggest you not use the term "red line. " Ms. Dixon: I know. Commissioner Hardemon: Don't use the term "red line. " Chair Russell: We've held your time, Ms. Dixon, so you don't lose any of your time. I apologize. Mr. Gauger: Yes (UNINTELLIGIBLE). Commissioner Hardemon: Blue line, purple line -- Chair Russell: I just want to make sure there's clarification. Commissioner Hardemon: -- orange line. Ms. Dixon: All right. For example, it's changed to City of Miami limits. They struck out Douglas Road on the west. They changed the -- McDonald Street and Abitare Way has been stricken out of the document. Charles Avenue -- Charles Terrace has been added. And this is in Article 1, Definition 1.1. A portion of Marler Avenue has been stricken out. Those are the changes on NCD -2. And on NCD -3, you can see that those items have been added. Also, they did not designate what the City limit was, and that was the reason that they did it; because they wanted to change the boundary and not say anything to us about it. The second thing is, property owners did not request a change of intent. If you look at 2.1 in the proposed NCD -2, you will see that NCD -3 has expanded its boundaries, and it also intends to have governance over NCD -2. Chair Russell: Thank you, Ms. Dixon. Thank you very much. Ijamyn Gray: She can have my two minutes (UNINTELLIGIBLE). Chair Russell: You're donating your time? Mr. Gray: I'm donating my two minutes. Chair Russell: All right. Two more minutes. Ms. Dixon: Okay. We did a survey. The Miami Bahamas Cultural Preservation Fund did a survey, and it was three of us that went out. And what we did was we found 31 property owners, and they don't have a clue -- we don't have a clue of what's going on. The NCD -2 property owners did not request or anticipate that NCD -3 would request governance. Also, a plan needed to be executed in terms of -- City of Miami Page 171 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 NCD -3 residents were the ones that were running this meeting, all of the workshops, and it shows that they neglected to ensure property owners' lots in NCD -2 were counted, and here's the document to show it. All of this is research that I've done myself. Also, when we were looking at developing Miami 21, there was a company by the name of Duany Plater-Zyberk and Company. And what they did was an analysis before Miami 21 was approved. And we, as residents, should have had an analysis done as property owners in West Coconut Grove. Without doing that analysis, you're providing irreparable harm to my property -- and I'm not getting calls to purchase anymore -- property that I rent out. And if there is a hurricane or a catastrophic event and my house is torn down, I can't build it back to the same size it was, if we go along with your proposal. Not to mention, without the analysis and the City and our Commissioners -- if our Commissioners go through and vote `yes" for this, you're negating our citizens' property rights, and we're asking you not to do that. Lastly, we are aware of the dire need of affordable and workforce housing in NCD -2, and those were the residents they were focused on when planning the NCD - 2 and NCD -3 rewrite. However, our Commissioner neglected to ensure the property owners in NCD -2 that we would be properly informed of any work that was going to be done. They could have tagged notices on the doors. It's not that many of us in West Coconut Grove, and you could have gone to the property tax rolls to find out who those owners were. Thank you. Please vote "no " to first reading. Chair Russell: Thank you very much. Applause. Chair Russell: And for the Planning Department, I definitely want it clarified that there is no boundary changes in this legislation. Thank you. Paul Mitchell: Good afternoon. My name is Paul Mitchell. I've been a resident in Coconut Grove for 40 years now. I represent Elizabeth Virrick Park Committee, Coconut Grove Homecoming Committee, and here in support of the Coconut Grove Ministry [sic] Alliance, the Homeowners and Tenants Association. We are in support of the NCD ordinance. Our community is made up of a diverse population of individuals and families from different social, economic backgrounds, races, and ethnicities. We are stronger for our diversity, our appreciation for nature, and our desire to protect our heritage. This ordinance is one, too, that can be used in defense of our community, but it must be strengthened and it must be passed. The rampant luxury development that is happening in our neighborhood is causing displacement to our long-time residents and destroying our tree canopies. We cannot allow developers to bulldoze and throw up these large structures that block out the sun and spaces for trees in their quest to create -- to increase square footage and drive up profit margins, scarring our community with wounds that would not quickly heal as our families, friends, and neighbors are separated from us, leaving us to look at a neighborhood dotted by stark mausoleums or empty lots left to mark where they once lived. I ask that you vote "yes. " And might I say this: At the last meeting I was here, I had two Commissioners joke about the Goombay, bringing it back. You can't bring back the Goombay if the heritage is gone. So I ask that you all vote `yes" on it. Applause. Chair Russell: Thank you very much. Ms. Tapanes. Melissa Tapanes-Llahues: Good afternoon, Chairman, Commissioners. My name is Melissa Tapanes-Llahues. I'm homesteaded at 3767 Carmen Court. I'm here -- I've passed out a handout, and I have a PowerPoint presentation. I'd like to say that the best thing about this whole process is I've made a lot of friends, and I've prepared City of Miami Page 172 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 this presentation for my new friend, Renita, to explain to her why this is not only a repeal and a replacement of the current NCD, but it is also a rezoning. Section 2 of the proposed legislation says, it's replacing the existing NCD -2 and NCD -3 with the following: The current boundaries of the NCD -3 exclude NCD -2. This is what's before you. You'll seethe NCD -3 in red triangles. The proposed boundaries include NCD -2. Not only does the map include NCD -2; it is also in Article 1.1 with new boundaries. This is a rezoning of the entire Coconut Grove to NCD -3. What that does is that it creates NCD -2 as an overlay to NCD -3, and that is memorialized in writing under Article S. It says, Article S of Coconut Grove NCD -3, "Sets forth the standards applicable to development within each transect zone, located in NCD -2 and in NCD -3. " NC -- the PZ. 10 repeals the current NCD -2 and 3. It recreates an enlarged NCD -3 to all of Coconut Grove, including the NCD -2. It creates the NC -2 [sic] as a second overlay, which will provide additional burdensome regulations to the NCD -2 above and beyond the NCD -3. This is not a Code amendment; it is a rezoning to expand NCD -3 to NCD -2 as well. Miami 21 protects property owners from this abusive process; not just by evil developers, of which my friends in the Grove -- Chair Russell: Thank you very much. Ms. Tapanes-Llahues: -- say I represent -- May I have more time, Commissioner? JB Diederich: Want more time? Can I give you my time? Chair Russell: Excuse me. Quiet, everyone, please, please. Ms. Tapanes-Llahues: This is constitutional, and I would ask -- Mr. Diederich: Can I give her my time? Chair Russell: Of course, you may. Mr. Diederich has donated his time. Ms. Tapanes-Llahues: Section 3.122(C) protects property owners from this abusive process from not only developers, but also the City. It requires notice to property owners. It requires evidence to at least 51 percent of owners. And why hasn't this been done? The answer is, the Planning Department was hard at work trying to preserve tree canopy, enforcing the current NCD, and clarifying the lot split regulations. What it's done, however, in this legislation is repealed, replaced, and rezoned all of the Coconut Grove. This is a gross overreach without due process and a legislative abuse of power. This requires, under 3.122(C), a rezoning process. It requires evidence of 51 percent of all property owners to support it; not just people who showed up at a meeting if you were on a super -secret email list. It requires first-class notice of all City workshops to all property owners. This is in your Code. This is what my new friend, Renita, asked me to tell you all. And I've submitted these new maps in the record. We are protected by Chapter 166 of Florida Statutes. Any map change requires, again, mailed notice. If it's not good for my clients as developers to do it, it is not right, and it is an abusive process by this City Commission to adopt this rezoning today. I ask that the rezoning process that my clients have to go through be respected under Article 7 of Miami 21 and Article 3, requiring NCD designations, just like the SAPS (Special Area Plans) that you have on your Commission today, be respected. This is a gross overreach and an abuse of power. I ask for you to vote "no" today. Thank you. Chair Russell: Thank you, Ms. Tapanes. Just for clarification, are you representing Ms. Dixon? Applause. City of Miami Page 173 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Tapanes-Llahues: No. I am a homesteaded resident at 3767 Carmen Court. I am a lawyer. I am proud of my first amendment right to be here before you -- Chair Russell: I just asked if you represented anybody. Ms. Tapanes-Llahues: -- and I am a duly registered lobbyist with all my representations in the City record. Thank you. Chair Russell: Thank you very much. Applause. Commissioner Carollo: Excuse me. Ms. Tapanes, if I could get on the record the new game that we're playing in the City of Miami. It's not this monopoly baloney that someone was saying; is that all you got to do if you want to get your way, or if you're doing something illegally, is claim that you didn't support a Commissioner or you were against something that the Commission was for and you could claim that your First Amendment right was violated. So if, at any point in the future, anyone here that doesn't vote for you you're not happy with, now you know; you could claim that your First Amendment right was violated. This is what we turned Miami into. Chair Russell: Thank you, Commissioner. Ms. Tapanes-Llahues: I'm here to show truth to power, sir, and that is why I'm here, to make it very clear that the reason why my family is here is for property rights, and that is why I am a dedicated property rights lawyer, with 16 years' plus experience in practicing exclusively land use and zoning law in the City of Miami. Thank you. Chair Russell: Thank you very much. Sir. Marvin Dunn: My name is Marvin Dunn. Chair Russell: Yes, it is. Mr. Dunn: I have property at 3530 Crystal View Court, in Coconut Grove. There is a right that does exceed property rights, and that's human rights. And human beings have a right to -- Applause. Mr. Dunn: -- their history and to their culture, and the only entity that can protect that is government. I wish I had the names of the members of the Miami City Commission who sat on this Commission when Miami City Commission voted to run I-95 through Overtown. We don't know who those Commissioners were -- Applause. Chair Russell: Please, hold your applause. Thank you. Mr. Dunn: -- but we know who you are, and history will not smile fondly upon you if you kill the West Grove. There are no historic black communities left. You took Lemon City that had three black neighborhoods; gone. You took Railway Shop Collored Addition; that's now Allapattah, where the City of Miami built afire station over the graves of the people who lived in that community. Overtown is just a shadow of itself. And now Coconut Grove. If this Commission doesn't protect and save Coconut Grove and work out something with these homeowners, who have a City of Miami Page 174 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 right to make their statements here, but government must split the baby. That's what you're elected to do; make the hard decisions that end up being fair to everyone. If you don't save Coconut Grove -- actually, I had not planned to rewrite or re -- put out another edition in my book on Black Miami History, but if you kill Coconut Grove, I'm going to rewrite that book, and you five are going to have your own chapter in it. Chair Russell: Thank you, sir. Hardemon. Commissioner Hardemon: Just make me a white man in that book. You make me a white man in that book, okay? So I'm assuming he's saying, "Vote for NCD -2. " Chair Russell: I believe that's what his -- Commissioner Hardemon: Okay. Chair Russell: Madam Holmes. Renita Holmes: Good afternoon, Commissioners. I'm Madam Renita Holmes, Executive Director of Wave of Women and Public Housing, Education, Finance, and Development; WOW Wow is `Mom" upside down. Wow, mom was kind of upside down. When I look at housing and how it affects primarily African-American women head of household, I just cannot imagine that none of us as women are rich, because we were at 21 public housing developments, particularly the ones in the City without any real reputation. While they were thinking about projects, I felt like I was on Ponderosa, because some of my grandmothers had a legacy of leading; even Athalie Range, Georgia Jones Ayers, and a few more that have names of families and generations that are into comprehensive development and opportunities, rising in mobility. So I just want to address the issue of fairness. When I look at other cities that have set moratoriums on a comprehensive master plan, when I look at Atlanta, which most of them received us when we went through Scotts [sic] Project. They moved up there. And then when they started doing this so-called comprehensive master planning and consolidated planning process again, when one new generation of Mexicans moved in Atlanta, I saw where it took a hike, but they took the city. When we talk about fair housing, you know, what runs to mind to me is that 'fairness" means that everyone can have the same opportunity or benefit. So already, we know that this process is not fair, because some move away; it changes again, and they come back, and it's the same thing happening again. Now this unfair way of doing exclusive or non-inclusive, not -so -understanding what's so comprehensive if it's changing so much development, we're still on the bad end of it. We're not progressive. We're not getting any advancement. Our property goes down. There's less of my neighbors here, people I know. That should be a measurement, and a sign, a symptom that something's wrong. The fact that we come here and we have to ask questions about Miami 21 and then the NCD, we should leave comprehensiveness out of it. I don't understand. So have we properly sunshined [sic] things? When we talk about the disparate effect on some people versus other people, where you can see the have nots and the have lots, and somehow, that's not fairness; it's just such immeasurable and such indifference. And so, when we talk about leadership and we talk about legalities, we talk about fair housing and development, we should not have all these symptoms, signs, patterns, and trends. And so, I'll close with this: The FBI (Federal Bureau of Investigations) defined the color of law and processes and principles as when one group or one culture, one neighborhood, whatever, has an indifference, and that the same process seems to bring that unfair indifference; that this is now a color of law. And when we talk about fair housing and Federal rules and procedures, we have that guidance. So if we were to ask ourselves, each and every one of us, whether you're on the have lot side or the have not side, were you treated the same way that your brother, your City of Miami Page 175 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 neighbor, that culture, those people, these people? Then this is the measure for you as leaders that there's something wrong with this process. This is the implication that we have violated a Federal rule. And when you sue someone on predatory lending as a city, as a agency, as a Manager, as a Commissioner, as a government, and then I get no benefits as the predatorized [sic], the preyed upon, the least to have, the have nots, but yet, the monies that come from this lawsuit go to those who have lots, then we see the real imbalance, we see the real intentions, and we see a violation of discolor of law. I ask you, is it better that we do a lawsuit, like Atlanta did, that even Trump could not insult Mr. Conyers, that Congressman, because his city, his own -- That black neighborhood, that black state, that black community, that black leader, that fair leader, that legal process they do -- I ask all of these attorneys that protect the rights of those homeowners, those who have sued on behalf of us, have this been fair housing? And are we willing now to make this a lawsuit? I am making a verbal request -- Chair Russell: Thank you. Ms. Holmes: --for a cease -- May I complete my sentence, sir? I am asking, under the sunshine rule, that we have a cease and disorder [sic] for this unfair, non- comprehensive, consolidated planning process, until I find out why people are suing on my behalf and I am not getting the benefits. And this pattern and trend must stop. Chair Russell: Thank you. Ms. Holmes: Thank you, sir. Chair Russell: Ms. Williams. Linda Williams: Good afternoon, Commissioners. I'm Linda Williams, Vice President of the Coconut Grove Village West, Homeowners and Tenants Association. My home is 3523 Charles Avenue, here in Coconut Grove. At the January 24 Commission meeting, I came before you with a revised HOTA NCD -2 resolution for review and consideration at today's first reading. This document reflected the compelling needs and the 30 plus years of repeated desires for the generations of stakeholders in the Village West community. The resolution submitted at the last meeting was ratified by HOTA's general membership on February 25, 2019. HOTA's goals set forth is said -- in said resolution remain unchanged as we seek your indulgence in protecting the Village West community from overdevelopment, encroachment by avid speculators, and the eventual loss of its inheritant -- inherent and long-standing character and flair. And HOTA firmly expresses its willingness to confer with the appropriate City departments or offices beyond today's hearing in an effort to further create, maintain or enhance the viable aspects of Village West and the entire Coconut Grove village. Thankyou. Chair Russell: Thank you. Sir. Edwin Gaitor: Hi. My name is Mr. Gaitor, Edwin Gaitor. I reside with my family at 3963 Washington Avenue, Coconut Grove. Mr. Ken Russell, God -- I've been in your office once or twice and sat down with you. It's a pleasure to be here with you Commissioners on the behalf of, you know, me and my family. Now, it came to me from a friend of mine that this issue here coming through West Grove -- let me rephrase that -- Coconut Grove, because I think that's the only thing I've really known it to be. I think that's the only thing that everyone that sits in here always know it as Coconut Grove. Now, the issues that we seem to be addressing right now don't seem to be having some checks and balance. There's something wrong going on in this system; not only in this system, with the City. We have to be very mindful, man, of this community at which we call our home, with our families, and our future, City of Miami Page 176 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 which belongs to our kids. Now, I know we all got the right -- because this is a democracy -- to be able to buy a home, preserve that home for future family, the future to come, and the right to also to sell it for whatever right that they want to sell it for. So let's not lock us down and lock us out, because that's been going on for too many years. If you going to do what's right, do for all, not just for some. Don't tell me your neighborhood is better than my neighborhood, because it's only one thing that I know, that's Coconut Grove. So let's forget about the west or the Village West. To me, there's one Grove. I want to thank y'all for your time, and I hope that you all make the right decision, and I'm pretty sure that you all will. Thank you very much. Chair Russell: Thank you, sir. Reynold Martin: Good afternoon. I'm Reynold Martin, from the West Grove. I'm also with the HOTA. I've been apart of this vetting process for quite awhile. I participated in both the sunshine meetings, and, you know, I heard a lot, and we've been considering a lot, and it's gone on too long. Many of us have sat down hours and hours going over this process, and we think that this is the direction to go. So I'm encouraging you to support the NCD -2, as it's written, because I think it's fair, I think it's right, and I think it gives us a chance. It's not perfect, but it's the best thing that we got going for us right now. So please consider what we are saying here today, and vote "yes" for the NCD -2. Thank you. Chair Russell: Thank you very much. If we could let more people come into the chambers, please. We have well over a dozen seats open, and a lot of space behind the lecterns, and people are still outside. Sir. Jose Perez: Thank you, Chairman -- Mr. Chairman. I'd like to submit a memorandum in opposition to the Clerk of the Court [sic]. Chair Russell: Yes, of course, you may submit. I thought you said you were in opposition to the Clerk. I said, "Nobody's in opposition to this Clerk. We love our Clerk. " Mr. Perez: He's the best. Chair Russell: He's the best. Mr. Perez: I oppose this ordinance. It constitutes an actionable taking without compensation for many homeowners in the designated district. It's a diminution of value for all homeowners in the district, and it's a gateway to do the same thing in all Commissioner districts in the City. I have been a homestead owner in Coconut Grove since 1985, and I have lived here before 1985. And I first visited in 1971, when I got my driver's license, before the Condos at Grove Isle. There wasn't a better place than the Grove, and there still isn't. Over the last two months, I have traversed the entire length and breadth of this neighborhood, this Neighborhood Conservation District designated area. The stated purpose of this ordinance is to guide new development and protect scale, character and architectural variety within the neighborhoods -- "neighborhoods, " plural -- of Coconut Grove. Yet, it's -- reduces the size of all future construction in the entire district, and it doesn't account for different neighborhoods, aside from the fact that the reduction is a taking. There are two issues: proximity to downtown -- three issues -- canopy, and massing. Now, it's been posited that if you have massing, you can't have canopy. I would venture to say that you can have canopy and massing. I'll venture to say that one of the reasons, perhaps the most -- the biggest reason Coconut Grove is so popular, particularly now with regard to these massing situations, is the proximity of Coconut Grove as the only or the closest single-family residential area to downtown Miami east of US 1. So that's the attraction, that's the massing. The massing comes from City of Miami Page 177 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 the fact that families, no/just empty nesters, or whatever, people that are in their last home -- It's impossible to sell a home of 2,500 square feet in Coconut Grove, a new one. It's just impossible. Nobody's going to build it. Nobody's going to buy it. So this legislation traps people that haven't, as it were, cashed in the Grove, and that's just a taking, and that's unfair. In addition to that, entrapping those people doesn't do anything for the canopy. The canopy is a separate issue. New developments can force the developer to say, `All right. You have to put four slow -growth, big plant trees "; not little ones that can tear out; big ones, like 15 feet from the ground up, 15 feet original -- I've seen them in Overbrook -- 15 feet from the ground, with a big root ball; plant them, two in the front, two in the back. In 30 years, in 50 years, everything is back to normal. I have a photo here, Mr. Chairman. Chair Russell: Thank you very much, sir. You can submit to the Clerk. If you show it to us, it's for the record. I apologize. Thank you very much, sir. But you are -- I apologize. We're -- unless someone's willing to donate their time to you, we have a limit. Thank you. Thank you. Just -- to the Clerk, and we'll make a copy and send it around. Hello. Francesca Violich: Hi. My name is Francesca Violich. I live at 3533 Palmetto Avenue, in a 1, 600foot -- square foot house that's really a nice size for me, and I'm coming here to support the NCD. And I want to say that the current zoning is hurting our community. It's allowing individuals, speculators, to profit while the community loses. In our neighborhood, we are being supplanted by $4 million homes; and in the West Grove, the community is being supplanted by 1 to $1.5 million homes. What kind of community will we be left with? One with no ties to our history, and early settlers, and no economic social or racial diversity. Thank you. Chair Russell: Thank you very much. Applause. Courtney Berrien: Good afternoon. My name is Courtney Berrien. I live at 3325 Charles Avenue, in a shotgun shack that was just designated to be historic, and we're very happy about that. I'm also an educator. I've been an educator for 20 years, and I currently work at Barry University. I'm really saddened to see the T -Shirts that read "Educate," because they're proffering misinformation, and I think that that information has come at the hand of developers with very deep pockets, taking advantage of people in the community. Historically, I'm sure everyone here would agree that we're here today because this community, during the era of segregation, was treated with great evil. It was a great evil to segregate the community, and I'm sure no one here wanted that, but we have an opportunity today to come together and value everyone's history; to respect this history of historic African descent in a way that other communities here in Miami have been recognized. I've said before that we preserve what we value, and I think this would be a glorious opportunity for our Commission to show unity and to show caring for all of the communities in the City. So I thank you for your time. Chair Russell: So you're in favor. Thank you. She was for it. Melinda Williams: Hi. Chair Russell: We -- and for those who have entered, we've just had a habit of those who are for the legislation on this lectern, and those who are against the legislation on this lectern. And if you're unsure, you can go to either one. But I understood for you to be for it, from what you said. Thank you. City of Miami Page 178 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Melinda Williams: Hi. My name is Melinda Williams. I live at -- on Elizabeth Street in what many would consider West Coconut Grove. I am one for keeping Coconut Grove preserved for where -- keeping it preserved, keeping the history of the Grove with the people in Coconut Grove. There's -- with this NCD thing, there is a lot of separation. We see a lot of these massive buildings going up in between our little small houses. And not only that; I have small children growing up in Coconut Grove. It's different now, because we have more affluent families coming to Coconut Grove, which we don't have a problem with. We need the diversity in the neighborhood. We need the ones who have no role models to have role models that may come from some of the more affluent families. However, it's being -- it's pushing the people of West Coconut Grove out of Coconut Grove. My children were at the park the other day. I have been a resident of Coconut Grove since 2009, and I have never had a child tell my little boy that he could not play with him, and to do it twice, and for the parents not to say anything, because maybe my child's skin was a little too dark. I'm not sure what the problem was, but the division is starting to affect the children here in Coconut Grove. The neighbors were not speaking with our neighbors anymore. When I first moved here, it was not like this. You know everyone. People are speaking to you. You have that connection, whether they are from North Grove, South Grove, West Grove, East Grove, however you may want to look at it, but this is causing a separation. It's causing Coconut Grove to lose its history, because we want -- what? -- the business owners on Grand Avenue to fatten their pockets. We want massive buildings here throughout Coconut Grove for others to move into our neighborhood and eventually push us out, regardless of what background we may come from, and it's not fair. I'm not -- I don't like what I see. I think homeowners should have rights to make decisions regarding what happens with their homes if they want to build it. But at the same time, I don't think it should come at an expense of losing the historical value of Coconut Grove, which is what the developers are selling; "Come live the Coconut Grove lifestyle, " and that's impossible when you're kicking everyone who developed that lifestyle out of Coconut Grove. So that's where I stand. And I wish that we can preserve our community and preserve our neighborhood with the diversity, not separation and bringing more higher socio-economic people and -- people with a higher SES, socio-economic status, into the neighborhood, and separating those who have a lower socio -- SES status, and it's not fair. It's not something that should go on in the Grove. I think we should try to diversify and ung the Grove. Get something there to build the community together, instead of separating based on income levels and racial divisions. That's all I had to say. Chair Russell: Thank you very much. Ms. Williams: Thank you. Applause. Chair Russell: Ms. Parks. Kathy Parks Suarez: Good afternoon. Thank you. My name is Kathy Parks Suarez, and I live at 4035 Battersea Road, and I am speaking against the passing of the NCDs today. I'm not against NCDs. I'm against separate NCDs. I'm against segregation. I didn't grow up in segregation, and I love the West Grove. I don't like the name, and I don't even like the new gentrification name of Village West; makes me want to throw up. Passing something that isn't good already, and we all agree -- including you, Commissioner Russell -- that it's not ready, but we'll amend it later. I don't think that's fair; I think that's a risk. And God forbid, you don't get re-elected and we get somebody else, it's a bigger risk. I don't think that's fair to the people. The NCD -2 was not enforced. I stood up here for months, years, begging for help from my neighbors that if they would help, the plowing down of the West Grove City of Miami Page 179 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 would stop. It was not close to Shipping and Elizabeth. It moved in, it moved in, it moved in. On July 5, 2016, when the entire staff of your office, the City Attorney, the County Commissioner with its South Winds, and you shut it down, we've done nothing about those displaced people, but in a seven -week period, we shut down $52.2 million homes in my front yard. So the NCD -3 has big power. We shut down $52.2 million houses in my front yard. And when those evictions were coming, those people were coming to my house saying, "We have really selfish neighbors." It's really sad, it's embarrassing, and I don't like it. It's not a feel -good moment. We have now moved into the T3 -R, and these big houses that have moved in, my friends live in front of, and they're very disappointed that now they can't have a big house that looks like this, and the lady that sold this house and the house next to it -- Chair Russell: Thank you. Ms. Suarez: --she feels very upset that she thinks that --she forced out. She chose to sell. Chair Russell: Thank you very much, Kathy. Ms. Suarez: But also, what are we doing about the 3,750 -square -foot lot with the little 1930s house? Chair Russell: Thank you, Kathy. Ms. Suarez: We're not making -- and we're not doing anything about the displaced. The NCD -2 isn't going to -- Chair Russell: Please. Ms. Suarez: --fix the displaced. No -- Chair Russell: Thank you very much. Ms. Suarez: -- it's not right. Chair Russell: But what's not right is for you -- Ms. Suarez: Let's fix it -- Chair Russell: --to get more time than anybody else that's here. I apologize. Ms. Suarez: --first, fix it first, and then do it. Chair Russell: I apologize. Ms. Suarez: That's all I'm asking. Let's get it right the first time. Chair Russell: Thank you very much. Sir. Anthony Vinciguerra: Thanks so much. Anthony Vinciguerra, 3325 on Charles Ave. I moved to Charles Avenue about 15 years ago. I'm homesteaded therefor that long, because it's such a historic community. I think everyone here agrees of what's going on in the West Grove. Its historic residents are being pushed out, and it's becoming unaffordable, and the historic architecture is being lost. That's why, in 2010, NCD -2 was created. It says really clearly, reading directly from the document, "Village Island West and Charles Avenue illustrate the (UNINTELLIGIBLE) legacy of the African-American community to the City of Miami. " It says, "It is of special and City of Miami Page 180 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 substantial public interest due to this historic identity. " In the current NCD -2, it goes on to say that, "All new development should abide by architectural guidelines that draw on the building traditions of early South Florida in that historic community. " Any of us here can go drive down Charles Avenue and see that the way this is written is not working. The historic homes are being demolished, and there's large concrete block and glass houses replacing it. It's really simple. Obviously, it isn't working. It needs to be strengthened. And so, I'm just here to thank Commissioner Russell for his work, and really urge the other Commissioners to come onboard to help support a revision that's going to help the NCD be what it was supposed to be from the beginning, and preserve such an important part of Miami. Thank you. Chair Russell: Thank you very much. Applause. Chair Russell: Sir. Manny Prieguez: Good afternoon. I'm Manny Prieguez. I reside at 4000 Malaga Avenue, Miami, Florida 33133. I think that the Commission has before it two distinct issues today. The first issue was very eloquently presented by Melissa a few minutes ago, and that is the -- in essence, the legality of moving forward with this ordinance, with this rezoning in Coconut Grove, without having gone through the proper procedures of Miami 21. And so, you don't even -- in my opinion, you don't even get to the merits of whether this is a good thing or a bad thing if you don't address that first. I think it's critical, I think it's imperative, and I think it's your obligation as Commissioners to find out, unequivocally, unequivocally, whether what Melissa's saying has something to it or not. And so, I want to encourage, respectfully, any Commissioner here, once the public has finished speaking, to ask your legal counsel, to ask your City Attorney who represents you, to give you an opinion. Is Melissa right or is Melissa wrong? And if Melissa's right, then I don't think you get to the merits of the issue. Okay? If Melissa is wrong, then I guess you could, you know, continue on forward. And based on what I've read and based what I've seen of what is being proposed, I am opposed to the changes that are being contemplated. Thank you very much. Chair Russell: Thank you. Mr. Prieguez, are -- any of your clients have an interest in this legislation? Mr. Prieguez: No. I don't have any development -- developer clients -- Chair Russell: Got it. Mr. Prieguez: -- or anything like that. And, you know, if I had, I would have said so, so --just so you know. Chair Russell: Thank you for claming. Mr. Prieguez: Sure. No problem. Chair Russell. Mr. Parrish. Andy Parrish: Andy Parrish, Wind and Rain Homebuilders, 3678 Grand Avenue. I want to particularly -- I know I'm getting old, because the Commissioner I recognized is Commissioner Gort, when I first came here. Vice Chair Gort: We don't get old; we get better. City of Miami Page 181 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Parrish: We get better. But Commissioner Gort will remember back when the City of Miami made a commitment to the West Grove, we had a brilliant Administrator named Herb Bailey. And when Wind and Rain started building homes in the West Grove in 1994, we got together with, I think, the Commission at that time, which Commissioner Gort was a member, and Herb Bailey, and the City created what's called the "Soft Second Mortgage Program, " which it allowed first- time home buyers to build their houses and own them in the West Grove. And just so you know, Wind and Rain started in 1994, and going through like 2004, we built some 18 homes in the West Grove. They were all sold to first-time home buyers, living in the Grove; most of them were on minimum wage, but they averaged like $21,000 in income, and we built these homes, and they all -- the only advertisement we ever did is, "Why rent when you can own?" And they all got subscribed -- we did this in conjunction with the Coconut Grove Local Development Corporation. It was a very successful program. I don't know why we didn't --it didn't take off for the rest of the County. But I do want to point out to the Commissioners, these were three- bedroom/two-bath homes, separate laundry rooms, kitchen, dining room, all the bells and whistles. And do you know what the FLR was for those homes? .24. .24 was the FLR for those three-bedroom/two-bath homes on 5,000 -square -foot lots; all of them. Now, all these years later, 25 years later, most of those homeowners are still in their homes. They're being -- they bought them for -- with the Soft Second Mortgage Program for $100,000 or less; now they're being offered 300 to 350 to leave their community. And I am proud to say that the homeowners that bought the Wind and Rain homes, in conjunction with the Coconut Grove Local Development Corporation, almost all of them are still in their homes with no desire to leave the community at all. This could be replicated in every district in the City. Every district could create new homes for people, if the City has the compassion and the devotion to do it. Thank you very much. Chair Russell. Mr. Parrish? Commissioner Reyes: Sir? Applause. Mr. Parrish: Commissioner Gort, it's great to see you. Commissioner Reyes: Sir? Mr. Parrish: You were instrumental in getting that legislation passed. Chair Russell. Mr. Parrish? Commissioner Reyes: Mr. Parrish? Chair Russell: The Commissioner has a question for you. Mr. Parrish: Yes. Commissioner Reyes: You mentioned my mentor. Mr. Parrish: I'm sorry? Commissioner Reyes: You mentioned my mentor, Bill -- I mean, Herb Bailey. Mr. Parrish: Brilliant man. City of Miami Page 182 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: I worked -- Mr. Parrish Brilliant. Commissioner Reyes: -- with Herb Bailey as an economist, and I remember when those -- besides that, I mean, we established the Overtown/Park West Redevelopment Project. I was -- I mean, CRA (Community Redevelopment Agency) that now is run - - it's run very well, let me tell you. And that model, that model that you just mentioned is the model that I would like to establish in the City of Miami, because I am very much interested. Many people talk about affordable housing, but that's rental. I want affordable housing for home ownership -- Mr. Parrish: You've got my vote. Commissioner Reyes: -- and that is very important, and I've been trying to push that since day -one I came here, and that's the model that I want to use. Mr. Parrish: Well, then, I'd like to get together with you, Commissioner, and we'll -- Commissioner Reyes: Whatever you want. Just come by and -- Mr. Parrish: All right. Commissioner Reyes: -- but that's the model, because home -- Mr. Parrish: Thank you. Commissioner Reyes: -- ownership is more important than rentals. Chair Russell: And for this legislation, you are? Ms. Parrish: Oh, I'm 100 percent in favor of the -- passing this legislation, and the reason is, the bigger the houses get, the more the land is worth; the more the land is worth, the build of their housers [sic] get, and it just creates gentrification; absolutely creates gentrification. It will do it -- Chair Russell: Thank you very much. Mr. Parrish: -- in Little Haiti and Allapattah. Applause. Mr. Parrish: It'll do it everywhere. Everywhere. Chair Russell: Thank you. Mr. De La Paz. Guillermo De La Paz: Yes. I have a presentation. Good afternoon. My name is Guillermo De La Paz. I live in 3441 Charles Avenue. I'm the guy with the white house on Charles Avenue. I'm a Cuban emigrant. I bought my lot in American dollars. I didn't push anybody out of the property, but I don't want to talk about that. I want to talk about the impact that this legislation would have on many people on the West Grove, especially on those people that are here supporting the legislation. I prepared what I call an `Economic Impact, " and I remember at the town hall meeting, our Commissioner said that an economic study will be like kicking a can down the road; meaning, like he doesn't care or it doesn't matter. Chair Russell: Nothing like what I said, but please. City of Miami Page 183 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. De La Paz: Well, you said it, but -- Anyways [sic], the City had requested independent study for a while. We had requesting to the City. By the way, if you're a developer and you're going to develop in the City of Miami, you have to present studies how your development is going to affect the area. So no one have created an study on that; not even the Planning Department, which, by the way, we don't have a master plan. This is changing things along the way. We don't have traffic studies. We don't have economic studies. We have done nothing. We just have changed things that we don't like. I prepared this study, and I took 186 empty lots on the West Grove, and this will show you the different what you can do today and what you can do if this legislation pass. So if you own a lot in Coconut Grove that is 5, 000 square feet, you're going to lose 1,500 buildable square feet, which mean that the guy, the educated guy who live on South Grove and bought many years back, and he has his 10,000, 15,000 -square feet lot, he will be able to make good money. You guys, they will take away from you 1,500 square feet. What is the value of that today? Well, if you use those 186 lots on the West Grove, they taking away 279,000 square feet of living space on the West Grove, and the value in today's market is $132 million. That's what they taking for you today here; from your kids, from your family. Whoever owns a small lot in Coconut Grove, especially on the West Grove, that's what they taking away from you. It's easy to take that away than to give you service, to give you capital improvement, to give you policing, and to give you Code compliance. That's what is missing. That's why your land is 50 percent less than the rest of the City. You should be here asking for the things that make your neighborhood better, not worse. Thank you. Chair Russell: Thank you very much. Mr. Gonzalez. Javier Gonzdlez: Javier Gonzdlez, 3622 Solano Road. I'm speaking for the NCD. And, by the way, I've been a real estate agent for 18 years, and I can dispute that whole presentation in five seconds, but for another story. The NCD is very important. It -- when I was Chair of the Village Council -- I tell this story all the time -- actually, the next speaker came up and knocked on my house -- on my door and said, "Hey, why does this happen?" And I said, "Well, maybe get to know your NCDs. Maybe get to know what those regulations are. " And they did. And after that, more people became involved. And what we have now is a lot of people that actually have a lot of facts and have a lot of knowledge on the topic. But more important, as Commissioners, you have staff. This has passed through all the meetings. We won PZAB (Planning, Zoning & Appeals Board), 8-1. This had multiple public meetings. This has already been run through your Legal. This has already been suggested to be recommended approval. Listen to your staff. That is why we hire them. That's why we have this. This is a super passionate topic. I've heard people mention Cuba that never lived in Cuba, and they're talking about property rights, and all sorts of stuff. This is a property rights issue. It's always going to be a property rights issue, but that's why we have zoning laws, so it protects property rights. Some of the values that I've heard, you know what? Let me put you something. You have two big houses next door to each other, and you put a little house in the middle, that little house just went down in value. You know why? Because it has to be sold for land. And as a real estate agent, I can tell you, land sells for less than natural home. So if I'm selling a home to an end user, it's actually more valuable, but once I have to sell it for land, toast. So again, listen to your staff. They're here for a reason. They've studied this. Let them -- let's deal with facts, all right? And again, it's a passionate issue. Thank you. Chair Russell: Thank you very much. Mr. Snyder. John Snyder: John Snyder, 3980 Hardie Avenue. I'm representing the South Grove Neighborhood Association. Commissioners, "conservation," according to Webster's, City of Miami Page 184 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 is "a careful preservation and protection of something, " especially planned management of natural resources, to prevent exploitation, destruction, or neglect. That is what we need. I'm speaking against the proposal; not because I'm opposed to everything in it, but it combines about four issues. I'm opposed to two of those issues. The first has to do with the lot splitting, essentially, or "lot diminishment, " as it's called. This is where this issue arose. Back in July of 2017, the first issue of this came forward, and it was meant to clarify supposed confusion about lot splitting. This confusion, I believe, is manufactured. When the facts are not on somebody's side and the law is not on your side, then they resort to saying that it's confusing. The Code that we have is modeled on Coral Gables' Code. Its been tested in court, in the Eleventh Circuit. They said that the intent of the Code was obvious. In the Third District Court, they found that the Code was constitutional and within the purview of a municipality. Three judges on the panel agreed. All three judges agreed. There are regulations that set forth what should be the criteria for a warrant, and those regulations have been supplanted because they were in the 11000 Code, but Section 800 said, "Regulations shall be designed to promote the special purposes of the district as set out in the " -- "statement of intent. " And Section 603 said, "The purpose of the special permit shall be to ensure conformity of the application for the warrant with the expressed intent of this district. " Well, the expressed intent is given in Section 3.6 of the Neighborhood Conservation, or NCD - 3. That's what I'm talking about. And it says that, "The intent is to protect the low- density tree canopy and to prevent the intrusion of additional density uses and height. " We think those criteria are straightforward, plain language, and this proposal has much confusing language in it. If this proposal is passed, it will take this Commission many hours, over many years, to resolve the conflicting criteria that are not consistent with the intent of the single-family district. Thank you. Chair Russell: Thank you very much. Carol Lopez Bethel: My name is Carol Lopez Bethel, also a Cuban emigrant, for what that's worth, homesteaded at 3907 Loquat Avenue. I'm here in favor of the first reading of the NCD changes, and the reason for that is, I'm hearing an awful lot about property rights, and the interesting thing about property rights is that it does bring about a lot of passion, and as Javier said, it's -- you know, it's quite a passionate subject. And much like second-hand smoke, where your right to smoke ends, my right to not have it begins. And so, when you've got the small house next to the big house, we're going to continue to have these issues. And as we've been going back and forth over the last few years, we've watched the continued denigration of the Grove while we sit at an impasse. We've actually been here at a legislative -- but we brought a legislative knife to what should be an administrative gunfight, you know. This is not happening because nobody's letting anything happen. I am asking that you pass the first reading, and do everything in your power within this Commission to move this forward, to end the destruction of the Grove, and bring forth pitting neighbors against each other, because you're going to continue to see every appeal. All of us who you've seen, it's not going to end. If nothing is passed, if nothing is formalized, this is going to continue to pit neighbor against neighbor until something is solidified. I urge you to do something and act. And as Marvin Dunn so beautifully, beautifully said, `It is in your hands. " Thank you. Chair Russell: Thank you very much. Applause. Chair Russell: Ms. Snyder. Cindy Snyder: Hi. My name is Cindy Snyder. I live at 3980 Hardie Road, and I'm with the South Grove Neighborhood Association. There are numerous things about City of Miami Page 185 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 the proposed changes to NCD Code that are very problematic; go against the intents, and create confusion. They go against the intents of the existing Code. Neighbors in the South Grove, in particular, and other neighbors, don't want the intents changed. They want them enforced. Now, some particulars with that have to do with specific definitions in the proposal. Building actual area, as defined by the County, is the sum total of all measured areas within a subject property. This includes garages, patios, mezzanines, interior offices, and all other areas maintained in the Property Appraiser's records. Use of the actual building area to lot ratio results in a realistic measure of scale and mass, and can conveniently be used to evaluate proposed mass of a building to the existing mass of dwellings in a given subdivision. This terminology is useful for T3 properties. They are in the suburban areas. The FLR definition is presently applied in Miami 21 to T6 zones, eight stories and higher. For T3 suburban zones, its use would add much confusion. As defined, the term would exclude, that is, from being counted in ratios many building components which provide mass and add scale and cover land. The existing NCD -3 Code language about the single-family residential district is intended to protect low- density, residential, dominant tree canopy, characteristics of Coconut Grove, and prevent the intrusion of additional density and height. There is language about existing lots. Not changing neighborhood context is an important criteria. With neighborhood context being required not to be changed, not changing neighborhood context is important. On numerous streets, where existing streetscapes are composed of various size sites that have existed long-term, in excess of 80 years, they would be at risk under this proposal. Proposed map diagram A3 is not representative of many present larger site configurations, or SD -18, since 1991; or 18.1, since 1995 as claimed, which require a minimum lot width of 100 feet. This Code has been -- this Code and its predecessors have been in existence since 1991. This proposal would allow the creation of more 50 -foot -wide sites, allowing twice the density and intensity. The division of sites, inevitably, leads to more and narrower sites, problematic with regard to narrow setbacks, and particularly, side setbacks. We object to the creation of more narrow sites. Mr. Reyes is very familiar with this concern. He expressed having concern about this himself. At sites where huge houses have been built and are under construction and are placed five feet from their lot lines, and almost always encroached into front setbacks, they loom over the next door neighbors. This definitely changes the context of our community. I just want to say one other thing. The proposed revision for NCD -2 includes the relevant boundaries for the Village Island West Sub District. The proposed revision for NCD -3 includes overall boundaries for Coconut Grove and boundaries of the sub district of Village Center. However, the three other sub districts' boundaries have been left out and also need to be included in the boundary section. One size does not fit all. The different areas have different concerns and needs. It is just common sense to be aware of and responsive to those differences. For example, areas in transit -oriented districts are in the long-range plan to become greater density to help reduce carbon emissions. Those areas might reasonably be considered for upzoning, according to plan. Some sub -districts are primarily resident -owner occupied and homesteaded, while some are heavily investor-owned rentals -- Chair Russell: Thank you, Ms. Snyder. Ms. Snyder: -- there are types of property rights that have property rights which differ. I'm almost finished; just wrapping up. Investors' objectives are to make money. Homesteaded owners wish to have quiet enjoyment of their homes and see property values -- Chair Russell: Thank you. We -- Ms. Snyder: -- at least not be reduced. City of Miami Page 186 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: -- do have to be fair to everyone. You've gone well over. Ms. Snyder: Eliminating the sub districts and ignoring these differences ensures that many people do not get what they want and what they purchased. Chair Russell: Thank you very much. Ms. Snyder -- Ms. Snyder: This blanket proposal covers too many things -- Chair Russell: All right, we're going to move on. Ms. Snyder: -- and it's too complicated. Chair Russell: Thank you very much. I understand. But you know there's a two - minute time limit. Ms. Snyder: Understand. I'm sure you all understand. Chair Russell: Thank you. Ms. Snyder: You all are property owners and are concerned about these things. Thank you. Chair Russell: Thank you. Ms. Snyder: Thank you for your consideration. Marleine Bastien: Good afternoon, Mr. Chair. Chair Russell: Ms. Bastien. Ms. Bastien: Before I make a brief comment in support of the NCD, I wanted to make sure that it would not impact my presentation later on Magic City, because I'm really here on Magic City. Chair Russell: How would it -- oh, you mean time -wise? Ms. Bastien: The time -wise. Chair Russell: No, no, you're fine. Ms. Bastien: Okay. Thank you so very much, Mr. Chair. Greetings, members of the Commission and then members of the audience. My name is Marleine Bastien, of 100 Northeast 84th Street, representing Family Action Network Movement and 200 residents in Little Haiti. You might be asking, why am I standing here in support of this item? Well, for several months now, members of this coalition has been coming to our meetings every other Thursday in Little Haiti, where we discuss the daily forced evictions and separation of families living in Little Haiti. They've been coming, and then we realize that there is alignment with some of the challenges that they are facing in West Grove, which is considered one of the oldest areas in the City of Miami. Just as in Little Haiti, where families are being forced out and displaced every day, businesses that have been organizing and conducting their affairs in Little Haiti have been pushed out, we understand that West Grove is experiencing the same issues. So that is why I'm standing here in support, and basically asking the City of Miami to really take a serious look at what has been going on in these different communities, such as Little Haiti and West Grove, because if the City of Miami does not take its responsibilities and make sure that they develop policies to preserve City of Miami Page 187 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 these neighborhoods, then we will be in deep trouble. We will be contributing to the cultural erasure of these neighborhoods. Applause. Ms. Bastien: And then, Miami is considered the international -- the capital -- international capital of the United States of America, because of its diversity. Our strength is in our diversity. That is why we ought to do whatever we can to preserve these cultural neighborhoods, and most importantly, to really organize and fight against cultural erasures of all people. Chair Russell: Thank you. Ms. Bastien: Thank you. Chair Russell: Thank you, Ms. Bastien. Applause. Chair Russell: Sir. Andrew Rasken: My name's Andrew Rasken. I'm -- live at 3295 Charles Avenue. As a property owner in the West Grove, I'm here to let you know I'm part of a group that consists of several hundred neighbors, who strongly believe the NCD zoning change should be terminated indefinitely for the following reasons: To begin with, the final draft of the revised, revised, revised legislation was now issued eight days ago. It was not a red -line revision. It was not a revision to what we saw at PZAB. It was a brand-new changes from last meeting revision; not red -lined,• not enough time for anybody to read through what was changed, and the comparison between the two. It's hard to imagine that all of our lives are going to be impacted for something that was sent out eight days ago, without a red line, and no clue of what was changed. Second, the current legislation has a provision that Melissa noted, which states for an NCD rezoning to take place, there must be evidence that demonstrates at least 51 percent of the owners within the proposed boundary support the initiation of the rezoning. This hasn't been done. Melissa noted that hasn't been done, and I know for a fact there's not 51 percent support for this change. Lastly, and most importantly, there's not been an economic impact analysis to address the density bait and switch being proposed in the language. While many people in this conversation are pushing for a smaller footprint of single-family homes, nothing is being discussed about the increased density being proposed for the commercial -zoned properties along Grand Avenue, Douglas, and Main Highway. The lack of participation of commercial developers participating in this conversation is appalling. They have the most to gain from this passing. There's yet to be an analysis showing the scale of what's going to be allowed in the commercial -zoned properties that sit adjacent to the residential lots in the West Grove. The new changes will allow commercial -zoned properties to be doubled, with no -- with parking restrictions to be diminished. It's already a nightmare to get from one side of the Grove to the other side of the Grove; imagine having double units, no parking, and just congestion. It is a disaster. Please end this misery. It's becoming more evident. This is not about tree canopy. This is not about home footprint. Chair Russell: Thank you very much. Mr. Rasken: This is not about affordable housing. This is only about neighbors being up in arms, because the current Code -- Chair Russell: Thank you, sir. City of Miami Page 188 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Rasken: -- is not enforced. Chair Russell: Thank you. Next. Carmen Carrillo: Hi. I have lived here in the Grove for -- since 1997, and why I moved from Boston to Coconut Grove was because of the diversity and economic background and education, and I wanted my children to grow up knowing that it didn't matter what color you were; you will be successful or not successful according to what you discipline yourself to. During my first seven years, I was helping Coconut Grove Elementary with children of learning disabilities. Virtually, most of those kids were from the West Grove, where -- it's now called the "West Grove. " It used to be the Center Grove, when they were growing up. Few years later, I saw those same kids into drugs and gangs. And going through the Grove in 2005 with my girls, we actually were two minutes after a shooting there that I think it killed at least eight to seven kids. My question is, when we are creating affordable housing, what will be the terms and the conditions that people that live in affordable housing will be allowed to be in? Socially, if you put people of low income, it affects the -- their own environment. Chicago is one example of it. Many cities are one example of it. I have not seen yet how we are planning to develop the affordable housing. Right now I'm living in the Grand Avenue, and two days ago was a shooting. I avoid the shooting, because I was looking for my cellphone, so I can listen to music. I'm the only person, I think -- or one of the few that actually calls the police when there's drug dealing happening in front of my house. Poverty should not equal danger. To be poor should not be a home for delinquents. I remember West Grove when we had all these other buildings and how dangerous it was, and how I will go and visit to the elderly, and they will be afraid of their own family. Chair Russell: Thank you very much. Ms. Carrillo: Thank you. Chair Russell: Thank you. Pause. I didn't hear the beep. Miles Jennings: Good afternoon, Chairman and board. My name is Miles Jennings, and I reside at 3470 Oak Avenue. Chair Russell: Quiet, please. Thank you. Mr. Jennings: I've had the unique distinction of living in Coconut Grove all of my life. I am six -generation here. I've seen the disarray and unraveling of what we now call "West Grove. " I've been a proponent of low- to moderate -income housing for years. I precede Andy Parrish by 20 or 30 years. I sat on the LDC (Local Development Corporation) Board, and we constructed 81 homes here in the West Grove, and the last 17, I actually constructed with my own company. I perhaps built more in West Grove than anyone else in this room. The way that the NCD -2 is written, and the reduction in the FLR, at this particular time does not really address the needs of West Grove. As I said, I'm a life-long resident of Coconut Grove. I saw the unveiling or unraveling when we had 30 plus thousand individuals living in West Grove, of color. Today we have maybe a thousand or less. Those plans do not work. We do not have ample lots for development, and unfortunately, those individuals who could afford to purchase and build have built; hence, the reduction of the FLR does not serve the needs of those individuals who still maintain homeownership in West Grove. It has a direct correlation with reduced land values. And sometimes, the realization is maybe a little late, or we have to retune our design mechanism. The zoning, as I said, does not work. As we speak, we're going to have to sit to the table again, in my humble opinion, and redevelop another strategy. City of Miami Page 189 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Thank you very much. Mr. Jennings: Thank you. Scott Silver: Good afternoon. Chair Russell: Mr. Silver. Mr. Silver: Scott Silver, 2980 McFarlane Road, and I'm here strictly to speak about the commercial section. I'm Chairman of the Coconut Grove Business Improvement/Planning and Infrastructure Committee, and we've been studying the Center Grove down to really a granular basis, looking block by block, for several years now, and the staff has worked with us, making many, many changes, but we're down to three that we think are fundamental to making sure that the commercial core operates properly. You have to ask yourself a question, and that is, do you want to have apartments? Do you want to have people living in the very center of the Grove? If you do, we think that there are two changes that need to take place. There's a proposal for increased density from 65 units up to 150 units per acre, but you can't fit them on the space without -- within the current 80 foot limitation, which -- 80 or 81 feet, depending on how it's calculated -- without providing for an additional floor. Right now you can put five levels in there together with a mezzanine. And what we're proposing is, if you're doing -- and this is based upon the BID's (Business Improvement District) suggestion -- putting a sixth floor if you're providing residential above the ground floor. In order to allow for the density, ifyou want to have smaller units, affordable units, people living in the center -- and I think any good urban planning looking at this, would say, "If we want to have a walkable community, we want to have eyes on the street at night, we need to have people living in the very center of the Grove. " The other component is, if you want to have -- and there are only a couple of sites where you can even fit a parking garage, and that is to allow -- right now, as its written, as the new NCD -3 is written, you have to provide parking on site. We're asking that you allow for parking offsite and payment of an impact fee, just as the commercial properties do. We have almost $6 million in an escrow account right now to provide for a parking garage; that would add to that, so you'd be able to provide for remote parking, which I think is good planning. The only other item is to allow cross (UNINTELLIGIBLE) connectivity, in order to allow paseos going through from street to street. Right now it's defined as only going through thoroughfares. So we would ask that areas such as by the Playhouse, where a playhouse may go one day, to allow cross (UNINTELLIGIBLE) connectivity allow the bonuses for that. Its just one small clarification. Chair Russell: Thank you very much. Mr. Silver: Thank you. Chair Russell: Mr. Treister. Charles Treister: Good afternoon, Chairman Russell and Commissioners. My name is Charles Treister. I'm an architect and a life-long Coconut Grove resident. I live in the North Grove. I've been here at all the meetings, and I think I have a little bit of a perspective as a life-long resident and also as an architect and a home builder, because I've been building homes in the Grove for probably over about 30 years, under the old Code and under the new Code. And so, I've studied the Code. And there's -- I think this is a case where I agree with the general goal of the Code. I'm a Coconut Grovite. One of the earlier speakers, I thought, hit the nail right on the head. This is about -- we're Coconut Grovers, whether -- whatever neighborhood of City of Miami Page 190 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 the Grove you live in, we all live here, but there's something else we also are; we're also Americans. And why do I say that? And I don't say it flippantly. Because we live in the greatest country in the world, and it's a country that was founded on freedom, individual rights, and property rights. And the one thing that I'm most concerned with the way this Code is -- or this proposed ordinance has happened, has evolved, is it's really -- unfortunately, this is a case of the way to hell is paved with good intentions. I think there's good intentions on both sides. Everyone wants a beautiful Grove, with beautiful trees, and beautiful buildings, but I think it's gone a little too far in terms of the reduction in the area that what you can build a house. It's taking away people's rights. The houses that you can build, especially on the smallest lots, on a 5,000-, 6,000-, 7,000 foot lot, you can't add onto your house or build a new house, and as one of the earlier speakers said, that's an intrinsic value that we have. And for many people, that's their biggest nest egg. And it also hurts the whole City; not just the Grove, but every citizen in Miami. Why? The taxes are going to go down. And I know we're all trying to do better services, better police, better fire. So, for that reason, I can't support this, but if we could bring the FLR from Point `A, " which is -- Chair Russell: Thank you very much. Mr. Triester: One last point, please. -- to point -- right now it's proposed .5. If it was .65, I could -- I think that's moving in the right direction, and that's something that I could support. Chair Russell: Thank you. Mr. Treister: And I have the list, which I'm going to not take up time of all. I went through the Code and found eight or nine minor things, technical things, from an architectural point of view, which I'm going to pass out. Chair Russell: Thank you. That'll help between first and second, if -- Mr. Treister: And thank you, Commissioner -- Chair Russell: Thank you. Mr. Treister: --for listening to our earlier complaints about the height limit, and I know you did mention that you would address it -- Chair Russell: I believe I've made a lot of amendments to try to make it better. Mr. Treister: -- and I appreciate that. Chair Russell: And I do appreciate your points. Mr. Treister: So thank you for -- Chair Russell: They were very good. Mr. Treister: -- doing that. Chair Russell: Thank you. Mr. Ratner: Good morning -- good afternoon, Commissioners. Chair Russell: Mr. Rattner. City of Miami Page 191 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Rattner: Thank you for your patience with everyone. My name is Sherman Rattner. I'm the President of 1809 Brickell Tenants Association. It's a senior affordable housing; also, President of Protect Miami.org. Our major concern is preserving communities, preserving affordable housing, and protecting tenants' rights, and homeowners' rights as well, because we are one city, and we are going to have to work together, and solve our problems together if we are going to survive as a city. The other day I had a great privilege of making a presentation to high school students about affordable housing, and let me put you all on notice; they were very engaged and very knowledgeable. This was not an esoteric subject to them. They are living in a community that is undergoing tremendous gentrification. Their parents are suffering. They are -- their schoolmates are being forced out of the communities. So all across the City -- and that's really the theme of everything that I've been hearing, is communities are under tremendous pressure. On one hand, you have people -- homeowners or property owners who talk about property rights, and they want to maximize their profit; on the other hand, we have people, renters in many cases, or people living in communities where their -- the value of their homes are under duress, and they are all struggling to balance these two things. 50 percent of the City -- I'm telling you things you already know. 50 percent of the people in this City are struggling to pay for housing. Clearly -- and let's put that in a real number. Out of about 460,000 people in the City, there's about 160,000 households; that means 80, 000 households are struggling to pay for their housing, which means they're paying for all their other costs. I'd like to suggest a little bit of a -- maybe a solution here, is that for the people who believe -- and it sort of echoes of Bert Harris here in what you're doing here -- Chair Russell: Thank you, Mr. Ratner. Mr. Ratner: --is just that perhaps people who feel that they're losing some value in their home can get some relief through tax reductions in their property value (UNINTELLIGIBLE). Chair Russell: Thank you, Mr. Ratner. Mr. Ratner: Thank you. Carl Springer: Hello, Mr. Chairman, fellow Commissioners. Carl Springer, Jr., 3380 Frow Avenue, West Grove resident, NCD -2. Just want to say that I've been at my current location for over 46 years. My grandparents used to own the house, and I inherited it. I feel that the neighborhood has changed some, and some for the good, some for the worse. For the last 12 to 14 years, I've seen the development in the community. The truth is, the change started years ago; we all know that. Okay. So at that time when the change started, we seen one or two, quote unquote, "McMansions" come aboard. And I asked everyone that is for the NCD -2 and trying to restrict this particular Code, where were you? I was inspired. I have become inspired by the development, all right? I work four jobs now, because I've seen changes in the Grove; and one day, I dream of my family being in that. When I inherited that house, I had three kids; now I have five. The house doesn't fit. It was built in 1960. My mother, my Aunt Lynn, my Aunt Bren, we've outgrown it. Of course, I don't have the money for the McMansion. If I did, I probably would have one -- I'm just being honest -- because it fits my family. I urge you, Mr. Chairman, please don't take --you've heard people say about property rights. You heard people talk about the historic -- you know, de facto district. Let's not move forward without correcting, okay? We are here, and we've been here for years. You've heard everyone said it. And good legislation, you know, we all agree on it. If it was for everyone, we would have been moved on, but this is hurtful. To know that I've been working, spending time with you, and everybody else in this community, fighting, clawing, scratching, just to be able to one day own one of those homes? It was City of Miami Page 192 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 inspiration for me. The truth is, if you -- if we pass this -- and I can't build what's in front of me, what's going up on the side of me. That would be not only wrong, but I feel it would be somewhat racial. I don't want to look across the street and have to look up. I want to be able to one day look up and be able to see them. That's my inspiration. Use me as an example; work -- a hard worker, American, doing it the right way; not giving up, not looking for a handout. Applause. Correct. Mr. Springer: I'm coming to you, and I -- you and I have been door -knocking before. Chair Russell: Yes, Carl. Mr. Springer: I urge you, let's get out again, and you will see that this is not what the people want. Chair Russell: Chair Russell: Thank you, Carl. Mr. Springer: You used that example, the two houses, the house in between -- Chair Russell: Yes, sir. Mr. Springer: -- I contacted Ms. Pappino (phonetic). You know what? She has her plans already being drawn. It's already being drawn. No arm twisting. Chair Russell: Thank you, Carl. Mr. Springer: No arm twisting, Mr. Chairman. Chair Russell: I don't mean to cut you off, but your time -- Mr. springier: No arm twisting. I'm not selling. I'm going to tell you this: I did sell 3650 -- 3561 Charles Avenue. Chair Russell: Thank you. Mr. Springer: Okay? But that was to get myself in order to maintain the other two that I do have. No one -- they come to -- Chair Russell: Thank you. I understand. You've made a very good point, and I hope the amendments that have been considered that we're going to talk about, it was exactly your situation, and that it addresses it, and the value of your ability to build when you've been surrounded by those who already have. Mr. Springer: Correct. Chair Russell: Yes, sir. Thank you. Mr. Springer: Thank you. Chair Russell: Thank you for coming. Thank you, Carl. Debbie Dolson: Ready? Chair Russell: Yes. City of Miami Page 193 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Dolson: Debbie Dolson, 4025 Lennox Drive, Coconut Grove. I'm homesteaded at that address, as were my parents before me. The first thing I'd like to say is, I keep hearing people say that .8 is what the current FLR is. That is not correct. The current FLR is .65. So please do not be under the impression that .65 is compromised; it is not. But I'd like to look back to 50 years ago when my father, who was the rector at St. Stevens in the Grove, was interviewed by the Miami Herald. At that time he referenced the well -kept homes in our West Coconut Grove, the 65 percent resident -owned homes, but they were fighting for what they have. So let's look at 2019, 50 years later; 50 years. We now have over 186 vacant lots, and they're still fighting to keep what they have. My father worked very closely with Father Gibson at Christ Church in West Grove. And in 1978, Father Gibson was interviewed by the Miami Herald, and he said -- he talked of being surrounded -- the need for being surrounded by foliage, and that we need buildings that speak the language of the Grove. That was 41 years ago. Now, fast forward. In 2019, we have displacement, we have out -of -scale buildings; we've lost canopy, character, and culture. So my point is, if not now, when? Do we have to wait another year, 5 years, 41 years, 50 years? This is something that we need to solve, and I urge you to pass today first reading so that we can do that. Chair Russell: Thank you. Applause. Chair Russell: Thank you. Mr. March. Mike March: Hello. Good afternoon. I would like to thank all four of the Commissioners that are still sitting here, more than two hours after, letting all of us speak. I would prefer that these amendments do not get passed today at first reading; only because I would like to mention four more adjustments I would like to make. Does that sound over -ambitious? Maybe. But I'm coming from the NCD -2. My name is Mike March. I live on Plaza Street, 3543 Plaza. The first amendment I would like to see changed is the UORB (Urban Development Review Board) approval, which represents a double standard to my neighborhood of the West Grove. I don't understand why the black part of Coconut Grove has to go before an architectural review board, whereas the white section does not. So if black history is more important than white history, why is this being imposed upon us? An additional double standard about the UDRB Board is that there was a strikeout from the original amendments that says that the commercial properties on Grand Avenue and elsewhere do not even have to go before the UDRB. The commercial structures -- commercial properties used to have to go before the UORB in a previous draft; that's been slashed, so now the burden is only on us single-family homeowners in the West Grove. That's an additional double standard. Second thing I would like to see changed is this exception for historic properties, such as bed and breakfast zoning, and commercial zoning, when you're designated historic or adjacent to designated historic. This measure never would have been passed in the white part of Coconut Grove, meaning outside the NCD -2, okay? So that is an additional double standard, because what does commercial property have to do with being designated historic? If anybody is familiar with the card game of Uno, I would compare this card game -- this card from Uno, the Wild Card, to being designated historic. Does that mean once you get designated historic that all of a sudden, it becomes a commercial property? What does that have in common with each other? Nothing. Okay. The third thing -- Chair Russell: Thank you, Mr. March. Mr. March: Okay. Just two more. The third thing I would -- I have a problem with are the public benefits programs. There are density bonuses offered to developers City of Miami Page 194 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 that are going to change the character of my community, the West Grove. Units per acre can be bonused from 36 to 65 units per acre -- Chair Russell: Thank you. Mr. March: -- if you make contributions to work space, to affordable housing, and workforce housing. That's a double in density. Micro units will not house black families. Chair Russell: Understood. Mr. March, time's up. Mr. March: There's also another double -- Chair Russell: Mr. March? Mr. March -- from 65 to 130 units per acre -- Chair Russell: Mr. March, I'm asking you to stop, please. Thank you. You knew the time coming in. I know you've prepared to write more than you're able to speak, but if you'd like to submit it to the Clerk, we'll have it all, we'll have a copy of it. Mr. March: (UNINTELLIGIBLE) like to hear. Chair Russell: Thank you. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs. I live at 3835 Utopia Court, and I'm here on my behalf and my wife's behalf to talk to you all about NCD - 3, NCD -2, and the whole NCD ordinance; all the NCDs. In your Miami 21 Code, it specifically says, for all NCDs, what the purpose and intent is, says it's to preserve unique and distinctive neighborhoods that exhibit a certain defined character worthy of protection. It also talks about the purpose of an NCD ordinance. That's to protect neighborhoods that have a distinct architectural character. It's to protect areas that have distinct natural features or character, and that's the issue here; is the purpose that your Code says that an NCD has, and that's the purpose that is embodied in this proposal that has been presented to you by your Planning Department after numerous neighborhood meetings, with open and free willing discussion, where all sides were heard in an impartial atmosphere. Your impartial professional staff took this information gathered at these hearings -- meetings and created a new ordinance. It created the new ordinance that's before you, and held then more meetings. The result is this ordinance, from a collaborative process that implements the directive in your Miami 21 Code, and because of that, because of that collaborative process, I urge you to vote in favor of this ordinance, which is the product of that collaborative process. Thank you for your attention. Chair Russell: Thank you. Applause. Norma Post: All right. My name is Norma Post. I live at 2061 Tigertail Avenue, and I'll be very brief. First of all, I realize now that I need a hearing aid. I have lived therefor over 60 years, and I have participated in these meetings for 50 years, to try and protect the North Grove, where I've lived. I'm one block from 22nd Avenue, in an area of 20, 000 -square -foot houses -- I mean, 20, 000 -square -foot land. There are already several houses that are over 300,000 that have been built there, and that is a very unique area, and I would hate to see you have reduced the footprint of the building, because that would really -- that means that you're devaluing our property, and you're also going to receive less in taxes, I'll remind City of Miami Page 195 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 you. So that's all I have to say. Please, if you -- I can understand if the people in the West Grove or the South Grove, if they want to have that reduction in the footprint of the building, I can sympathize with them, but please don't include us. I hope you're listening, Commissioner Russell. Chair Russell: Oh, yes, ma'am. Ms. Post: Thankyou, Commissioners, all ofyou. Chair Russell: Thank you. Mr. Fernandes. Marcelo Fernandes: Good afternoon. Marcelo Fernandes, business at 3936 Main Highway, Grove Properties. My home is 3523 North Bay Home Drive. I'm homesteaded there. My day job is, I'm a developer and a real estate contractor, and my side job, I'm the Chair of Coconut Grove Village Council. And you Commissioners must be very proud to have an event like this take place, because you have 100 percent of -- I couldn't say 100 percent, but a huge majority of your constituents here pro and against this thing on a very well-educated thing. What I don't understand is how we have to resort to non -truths to try to get the points across. So you have to rely on your Planning Department as the professionals to put this ordinance together. People have spoken here have spoken with items that are not the actual facts on this matter. I have built numerous homes in Coconut Grove and Coral Gables, and they've sold for multimillion dollars. And I went back and checked, and the majority of those homes comply with what's being proposed here today; the reduced FLR. They comply with the heights. So it is a very profitable way. There's no property rights, and they range from 3,000 square feet to over 13, 000 square feet of homes. The fact of a 5, 000 -square -foot lot being reduced 1,500 square feet is not the correct math. That is not true. You have to go back to the Planning Department -- If you don't believe the Planning Department, then get rid of the Planning Department, because they're the guys that have been doing this and studied this for years, and after their study, they've come up with a solution that is more lenient than City of Coral Gables, more lenient than Key Biscayne, and more lenient than Pinecrest. And you can't tell me we need a study to show that the City of Coral Gables, or any other cities, have property value problems. This is the right thing to do, it's sensible development, and it's one small step going forward, and we need to keep the stride going forward. Thank you very much. Applause. Chair Russell: Thank you, Mr. Fernandes. Sir. Ricardo Rodriguez: Hi. Ricardo Rodriguez. I live on 2201 Lincoln Avenue. I'm a resident. And really, my concern is -- I'm really concerned of the lack of an economic impact analysis done on the effects of the NCDs. There were some calculations done that the square footage that's not being developed, this may be worth about $130 million. The impact on housing prices is that another 20 percent? Is that another $130 million? So we're talking about a total of maybe 300 million that is not now being utilized in the City of Miami. Now, I'm a homeowner, and I use that equity to buy additional homes for my family within your district, Russell. And, you know, I also would look to buy an additional one now with that equity. So once you start eradicating that, I -- you know, the question is, what is the impact, the economic impact? So I would vote for -- not to continue with the NCD until we can do it again correctly with an economic impact analysis. Thank you. Chair Russell: Thank you. Thelma Gibson: Good afternoon. City of Miami Page 196 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Ms. Gibson. Ms. Gibson: Mr. Chairman and members of the Commission and members of the audience. I'm Thelma Anderson Gibson, and I live at 3661 Franklin Avenue, in Coconut Grove. I always like to come up after most people have spoken, because I like to say "thank you " first to the Commission, then to the people who spoke, because I think of Coconut Grove as my city, my place. I heard Mr. Jennings say earlier that he was probably the oldest person here, and his mother and I were born in the same year, so I know she would not agree with -- Chair Russell: You win. Ms. Gibson: -- him. But I really thank you; thank you for listening to all of us, on behalf of the City, and of course, especially for Coconut Grove. I think all of you know how I feel about Coconut Grove, and I think that all of you know that it's my passion to have something for our community. And I saw this -- oh, back in the days when Mr. -- the late Will Johnson and late Ivonne McDaniel -- McDonald stood up here fighting for this; somebody brought up my late husband, and Reverend (UNINTELLIGIBLE), and the people who fought over the years to save this city of ours, and I'm always for the improvement of our community, and I think that all of you know that this NCD -2 was passed, and 3. Unfortunately, it was never enforced. And the time has come for us to put some teeth into what it is that we want to do in this city of ours. Applause. Ms. Gibson: I just believe that the people who are here want to see what's best for Coconut Grove. Now, I believe in change. You'll think that I'm talking out of both sides of my tongue [sic] when I say this, because I do believe in spot or targeted zoning, and I say that all the time, because there are some places that need to be rezoned. But the history of this little quaint city of ours, Coconut Grove, should really be preserved. And so, I'm out hereto plead with the Commission to please do what's best for us -- Chair Russell: Thank you very much. Ms. Gibson: -- in this area. And thank you so much for all you do for its. Applause. Chair Russell: Thank you, Ms. Gibson. Mr. Dolson. John Dolson: John Dolson, 4205 Lennox Drive, homesteaded here. I'm taking a risk following Thelma Gibson, because she's always so eloquent in what she's saying. Look, I'm urging you to move this forward today. This doesn't stop revisions being made or compromises being built with -- for consensus, but this has been going on for three years. There's no time to kick the can down the road. We've had numerous public meetings. We've been postponed many times. People have shown up here by the hundreds to voice their opinions today. Outside here at noon, you had well over a hundred people marching on City Hall, representing West Grove and their concerns, and their support for the NCD changes. So I'm going to echo Tucker Gibbs. Listen to your City staff. They've listened to everybody. They've got the input. They put forward what they think is the best solution, and I'm urging you to move forward and take it to a new round of debates afterwards. Thank you. Chair Russell: Thank you very much. City of Miami Page 197 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Applause. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Commissioners, ladies and gentlemen in the hall, a lot of this discussion reminds me of a story I once heard -- Chair Russell: Here it comes. Mr. Kurland: -- about a patient who called his doctor to find out the results of his test, and the doctor says, "I'm afraid I have bad news, and I'm afraid I have worse news. What would you like to hear?" The patient said, `My God, bad or worse; what a choice. I'll take the bad news. The doctor says, "You have 24 hours to live. " The patient said, "24 hours to live? What's the worst news?" Doctor said, "I've been trying to reach you since yesterday. " Chair Russell: Now you're going to tie this to Coconut Grove. Mr. Kurland: So what did that story have to do with what we're sitting here today? I remember when I first saw Coconut Grove in 1985; I fell in love. It was a community like none other that I'd ever seen; walkability, racially diverse, interesting people, artistic; a place you didn't just live in, but you actually fell in love being in there. I still feel that way, but I think we're losing some of that. Certainly in the West Grove, I don't see the vitality that I used to see. But I also would like to add that I truly also believe in property rights, but more importantly, as Dr. Dunn eloquently stated, I believe in human rights. And I think most of my neighbors here, the Snyders, Melissa, Manny, as well as the people who came here before you to speak in favor of the new NCD -- What was happening with the old NCD was there was no enforcement. Someone sent me an email yesterday, and it quoted me in Miami Today -- this is in April of 2017 -- saying, "We don't need a new NCD. We need to enforce the NCD we have. " But since we weren't enforcing it, then a new NCD was called for, and that's what we're here today. And I urge the Commissioners to bring this forward. Thank you. Applause. Chair Russell: Thank you. Courtney Omega: Good afternoon; late afternoon, early evening. I am Courtney Omega, reside at 3200 Mary Street. I am so honored to be here today. Growing up Bahamian, 100 percent, I didn't know about Coconut Grove. I didn't grow up in Coconut Grove. I was born in Daytona; I grew up in Philadelphia, but when I moved to Coconut Grove, Coconut Grove welcomed me. I stand to you -- in front of you today humble. When I moved to Coconut Grove, I was gifted this book by an uncle of mine, who worked for University of Miami. This is Thelma Gibson's book, and it became my bible. It became instructions. It became advisement. And in many nights, it became the only solace I had with trying to rebuild a life. Two weeks ago, I was honored to be invited to George Washington Car -- I'm sorry -- to Ponce De Leon Middle School to read a chapter from this book, from this very novel. With deciding to represent this community, I wanted to refer back to the original families in this community. And I urge all of you, if we can't listen to such a pioneer, a Thelma Gibson, we have clearly lost our way with what it takes to understand and appreciate a community rising, because she is it. It is the same doctrine that I use to lead me to represent Coconut Grove as a member of the village Council, as a community advocate, and in the hopes of continuing to be a leader amongst the voices here in Coconut Grove. Chair Russell: Thank you. Are you in --you're in favor? City of Miami Page 198 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Omega: I am in favor. I'm in favor of what she's in favor of, and I'm following the same rule that I followed 10 years ago. She laid a mighty path. And I think that it's time that we do what's best -- Chair Russell: Thank you. Ms. Omega: -- and we look at our pioneers before us. And I thank you, Thelma Gibson -- Chair Russell: Thank you, Ms. Omega. Ms. Omega: --for your presence. Applause. Chair Russell: Thank you. Mr. Coleman. Thank you. Mr. Coleman. Mark Coleman: Yeah. Chair Russell: That is not in the Code. Unidentified Speaker: Take a second (UNINTELLIGIBLE) West Grove. Chair Russell: That is the Kinkaku ji from Kyoto. Unidentified Speaker: That's the golden pavilion. Chair Russell: Switch what? Go ahead and set them up. Mark Coleman: I need a little time. Chair Russell: We'll wait. We'll wait. I'll be right back. We'll wait. Mr. Coleman: Okay. Ready to go. Yeah, I think we're ready to go here. Chair Russell: If you could -- Mr. Coleman: Mark Coleman, 3085 Calusa Street. I'm a resident, homeowner; also happen to be a developer, an architect, a realtor, and I also sit on the board of Coconut Grove Park Homeowners Association. So I think, in some respects, I could see all sides of the discussion here, but what I really want to talk about is West Grove right now. If you guys haven't been over there -- and I know a lot of people have -- but if you really haven't gone over there and walked through recently, it's absolutely amazing what's going on, in a negative way. The total neighborhood is being destructed. I've got a bunch of photos here I'd like to run through real quickly. These were all taken in about 40 minutes. Chair Russell: Quiet, please. Mr. Coleman: It's not taken over several years. It's a snapshot. And a lot of the photos you'll think were the same building, but they're actually all different. These are all unique. You'll see duplex after duplex after duplex. Again, these are all unique. They're all different. You have entire streets that have been decimated. It's unbelievable what's going on in there. It's gentrification and urban renewal at its worst. It's an emergency situation going on over there. If you haven't gone through it, please do. Again, house after house after house after house after house, duplex, City of Miami Page 199 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 single family, duplex. There are some in here that are just completely next to each other. There's also empty lots. Here, take a look at this, how close this house is. Chair Russell: Quiet, please. Mr. Coleman: Look how close this house is here. This is not even five feet apart. It's unbelievable what's going on. And I'm just going to go through very quickly here; there's only a few more. But you do have a lot of empty lots. You have entire blocks. Look, all the way down -- Chair Russell: Mr. Coleman, you're losing time. Mr. Coleman: -- the west side of the -- Chair Russell: If you'd like to get to the point. Mr. Coleman: Yeah. Chair Russell: I think you definitely have visually made the point. What would you like to say? Mr. Coleman: I've got two more slides here. It's just, entire blocks been done here. So real quickly, I just have a couple slides here. Chair Russell: And that's your time. Mr. Coleman: There. So I took a quick look. This is the point here: What NCD, T3-0, what. 66 FLR looks like. Okay. This is a house built in 2015, this cycle. Chair Russell: Yes. Mr. Coleman: This is what -- Chair Russell: You showed this in the last reading, I think. Mr. Coleman: Yes. I just want to -- this is what .9 looks like. Chair Russell: Yes. Mr. Coleman: What we have right now is .75, .8. That's a very reasonable compromise. This is crazy. This is just built 20 feet from the front -- Chair Russell: Thank you. Mr. Coleman: -- 20 feet from the back, and 5 feet from the east side. It's got to stop. It's in your hands right now. Chair Russell: Thank you, Mr. Coleman. Mr. Coleman: Please vote for the NCD. Chair Russell: Thank you. I apologize to cut you off, but -- You have a question for him? Commissioner Reyes: Yes. Chair Russell: Commissioner Reyes has a question for you. City of Miami Page 200 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: I wonder -- I know this is 0. 90, right? Mr. Coleman: That's 0.9. Commissioner Reyes: And you are asking to redo that -- reduce this to 0.57 Chair Russell: No, no, .8. That was the compromise you and I made. This is T3-0. Commissioner Reyes: That's right. Chair Russell: This is the duplex. Commissioner Reyes: No, but I want to ask straightforward, because I like to speak clearly. How this is going to stop people from building there? Mr. Coleman: No. The intent is not to stop -- Commissioner Reyes: Because what you're trying to -- I mean, you're showing this, and what you're insinuating is that if we pass this, this is going to stop. Mr. Coleman: Absolutely not. Commissioner Reyes: Construction is going to stop. Mr. Coleman: That's not what I'm saying. Commissioner Reyes: I just want to make that clear. Chair Russell: Thank you. Mr. Coleman. What I'm trying to show -- if I could respond? Chair Russell: I don't think it was a question. I think he was making a point. It's all right. Mr. Coleman: Well, it's just the urgency of it, but it's not going to stop, and there's no intention of the NCD to stop that, but just put some rational -- Chair Russell: Got it. Thank you. Thank you. Very clear. You went well overtime. Thank you, sir. Octavio Robles: Good afternoon. I'm going to keep this briefly, because I can't speak very well today. I am Octavio Robles, 2210 Lincoln Avenue; been there 34 years. I am the Vice President of the Coconut Grove Real Property Owners Association. The bottom line, after everything that has been said here today, is that everything that has been contributed over the years, everything that has been worked together for over the last several months, nothing has been addressed as far as economic impact and traffic. We should go back, but know and address economic impact and traffic together, with everything that has been put forth so far. Thank you. Chair Russell: Thank you very much. Are there any further comments from the public? I thank you all very much again for your advocacy, your patience, your interest, being very educated on the issue. I know it is very passionate, and it's a very important item. So now I will bring it to the dais and look to my fellow Commissioners to see where the will is on this item. Is there any Commissioner City of Miami Page 201 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 that'd like to speak on the issue? If not, I will, because I always have plenty to say. I -- very happy that the other Commissioners have challenged on this and taken so much time on this. I've spent two sunshine meetings with Commissioner Reyes. I've met with many residents on both sides; absolutely spending lots of time in my office, and it's improved the product. It has made it a better legislation, for sure. And so, I really hope that we've come to a meeting of the minds with the compromises that have been made. And if there's not a motion to be made in the moment, I would like to turn to our Planning Department just to introduce -- Commissioner Reyes: I have -- Chair Russell: -- the amendments that were made leading into this. Commissioner Reyes: Before -- Chair Russell: Yes. Commissioner Reyes: -- that, a question was posed to Vicky -- or to City Attorney, Ms. Mendez, that on -- a question on the legality of this zoning change. Is this a zoning change or isn't a zoning change? Ms. Mendez: As drafted right now, if there's a change in the uses and there's a change in the boundaries, yes. Ms. Tapanes is correct. Commissioner Reyes: Then it is a zoning change? Ms. Mendez: Yes. Commissioner Reyes: Then -- Ms. Mendez: So you would have to -- based on notice and those things. However, there can be changes made -- Commissioner Reyes: Oh, come on. Ms. Mendez: -- if you don't change the boundaries, if you don't change the uses. So there should be several amendments made in order to address that. Chair Russell: So we could have -- Ms. Mendez: As it stands right now -- Chair Russell: --first reading with amendments. Commissioner Reyes: But -- Ms. Mendez: -- if it's to be passed this way, we would have to reset it again for first hearing, and it would have to have a map, and a whole bunch of -- Commissioner Reyes: In other words -- Ms. Mendez: -- 166041 compliance. Commissioner Reyes: Ms. Mendez, I -- you see, I'm just a country boy, you know; that I like to be -- I mean, speak clearly, in laymen terms. Is this a zoning change that requires to go through the process; yes or no? City of Miami Page 202 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Ms. Mendez: As drafted right now -- Commissioner Reyes: Yes. Ms. Mendez: --yes. Commissioner Reyes: Then there is ground to -- I mean, for what is -- it was before - - I mean, I want -- what I want is transparency, and I want things to follow the process, and that has been -- since I first got here, I always been say this. Has this process been followed for the zoning change? Ms. Mendez: If it remains as drafted right now, there wasn't proper notice under 166041. Commissioner Reyes: What would you recommend; that we postpone this and go through the process, or that we --? Ms. Mendez: So if you -- if this board wants it to pass exactly as drafted, exactly as drafted, with the amendments and everything -- Commissioner Reyes: Yes. There's a bunch of amendments. Ms. Mendez: -- and as drafted right now, then, yes, it would have to be reset and noticed. Commissioner Reyes: Okay. Ms. Mendez: However, if you want to make certain amendments that will cure the boundary issues and the uses issues, and what have you, that is another thing that you can do, and you could pass it on first reading, but you would have to make these amendments. They would have to be clear that the NCDs stand alone, that there's no boundary changes, that there's no -- Chair Russell: Correct. Ms. Mendez: --subsuming -- Chair Russell. Which was the intention in the first place. This is -- it's very confusing to me that there's a boundary issue, because there's never been a request to change the boundaries, and the Planning Department has opined twice today that the boundaries are not changing. If there's an issue with the map in the way it's drawn, we can amend that on the floor today, pass it on first reading -- Commissioner Reyes: Can I --? Ms. Mendez: -- and work it. Commissioner Reyes: I don't know. Can I get somebody that -- the ones that brought this issue? Because I want to everything to be clear. Ms. Mendez: Ms. Dixon, can you get the hand-held mike that the Clerk is offering you, if you're going to say something? If you're not going to say anything, and we don't have to hear your pretty voice, then you don't have to grab it. Commissioner Reyes: Yes. I mean, if the Chairman -- I mean, let me tell you something. Let me tell you this: The Chairman and I -- and I have to commend Chairman Russell for his effort of how much he has worked and for being so open - City of Miami Page 203 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 minded that -- and putting up with me, too. You see? We had two sunshine meetings, and we had agreed on a bunch of amendments -- I mean -- in order to get this thing done, and try to make it in a way that will be palatable for both sides, you see. I have a great concern, and I'm going to say this: I have great concerns for the small lots, the small owners, and I have to say this. I have to say this, because, if not, I'm going to explode, you see. I have heard, let's say, the black Grove, that it been displacement, you see. I -- I'm going to tell you this little story. When I first -- we moved to Flagami, we were surrounded by Anglos, and I was able to move there because they sold the house. And now we don't have anybody there. There's no Anglos there. What I'm saying to all my brothers from the black Grove, don't sell. And if we want to save the black Grove, we -- we're the Commission -- what we have to do is have a fund -- I mean -- and try to get the funds from wherever we can and help those homeowners that we have now in the black Grove remodel and redo their homes and keep their homes, okay? That's the only way that we can save the Grove. By changing the amount of construction -- and I am very pragmatic. I am very pragmatic. By changing -- we are not going to do that, because people are going to come, they're going to offer money; and if you want a better house, you're going to leave, you see. That's the only -- that's what I propose. Those houses that were made when Herb Bailey was the Assistant City Manager -- because he was not a City Manager; he was Assistant City Manager, and he was in charge of development, and I was his economist. We were able to do that, because we got the funds from the Federal Government and because those lots were empty. Those lots were empty, and we able to buy them, and then leverage the funds and offer them to the persons that bought it now, and I would love to do that again. I would love to do that again. So let's be clear on what we want here, and how this is going to affect us. It's going to affect the Grove, how it's going to affect, and how could affect all the neighbors, too. Chair Russell: Thank you, Commissioner. I'd like to clam from the legal process, because I've been back and forth. I hear a little bit with Planning and with Legal and with my staff, and I will be happy to make the amendment that will clam this and keep us moving forward on first reading so that we will have all the proper notice issues for second reading so that there is a clarification that there will be no boundary change, and if the -- if an amendment is needed between now -- placed on the record now on this motion, if one comes, that the map can be adjusted between first and second to reflect that there is no boundary change, and there never was intended to be. And if there is any use change, that it be removed right now as we amend this on first, if there's a motion. So I would like to ask Jeremy, if you could introduce the amendments that were brought to this that are different from first reading? Because after the sunshine meetings, which were very productive -- a few of the Commissioners attended; Commissioner Reyes came to both -- and I believe that I have amended everything that was asked of me with regard to that, and if there's more to come, we can keep talking. But my goal today is to get past first reading so that the residents get a direction of where we're heading with this, one way or the other. Mr. Gauger: Once again, Jeremy Calleros Gauger, Deputy Director for Planning. And just to go through the major changes, the first one --first change to NCD -2 was, as mentioned, that we replace the -- kept UDRB as a reviewing board instead of the Historic Environmental Preservation Board. Commissioner Reyes: There is no more Historic Preservation Board? Mr. Gauger: There is no more Historic Preservation. Commissioner Reyes: I mean, you don't have to go to the Historic Preservation Board anymore? City of Miami Page 204 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Unidentified Speaker: No. You -- Mr. Gauger: Correct. Unidentified Speaker: -- do on Charles Avenue. Commissioner Reyes: Is that -- does that include Charles Avenue? Chair Russell: No. Charles Avenue was already designated historic, so that is what it was. Ms. Mendez: The street, the street. Mr. Gauger: So alterations to properties that are historic, to properties that are -- private properties that are historic have to go, continue to go. Chair Russell. Correct. Mr. Gauger: Charles Avenue, the right-of-way is designated historic. Commissioner Reyes: The right-of-way, but the homes and the -- the right-of-way is historic, right? That mean the road. Mr. Gauger: The road, yes. Commissioner Reyes: The road. But how about the houses? Mr. Gauger: The houses are not designated. Commissioner Reyes: Then they don't to go to the Historic Preservation Board? Mr. Gauger: As before, they're going to UORB. Unidentified Speaker: No. I'm sorry. I (UNINTELLIGIBLE) on Charles Avenue. I can (UNINTELLIGIBLE). Chair Russell: Please. I'd rather not have residents weighing in on what the -- Commissioner Reyes: Okay. Chair Russell: -- Administration should know the answer to. Commissioner Reyes: But -- I mean, correct me if I'm wrong. If the -- 7th Street -- I live in Southwest 7th Street. 7th Street is designated a historic road. That means -- I don't know what that means, but probably, they cannot be -- nothing can be done to it. But my home, it is not historic. Mr. Gauger: Correct. So, if there are alterations that you're doing to a property that affect the roadway, it would need -- Commissioner Reyes: But I'm not touching the roadway. Mr. Gauger: -- review. Commissioner Reyes: If I don't touch the roadway? Unidentified Speaker: That's not correct. City of Miami Page 205 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Gauger: So -- Chair Russell: Jeremy, if we're unsure, let's get the Historic Department in, and let's make sure we get it right, not quick, if there's an answer that you need clarification on. Mr. Gauger: There's nothing in the NCD language that mentions Historic & Environmental Preservation Board. If something is required already to go to the Historic Board because of a designation -- Chair Russell: A designation. Mr. Gauger: -- it continues to need to do that. Chair Russell: I think that's a good clarification. Mr. Gauger: Yeah. Chair Russell: Nothing in the NCD will drive anything toward the Historic & Environmental Preservation Board. Commissioner Reyes: Yes, but I want to clarify that on Charles Avenue. If the person that lives in Charles Avenue -- and according our agreement, you see, the changes that we made -- if you want to, let's say, have an addition, because your family -- like that gentleman that came here; he needs a bigger house -- you need a bigger house, and you have an addition, then in -- when you get the plans and all of that, they have to be approve it -- approved by the Historic Preservation Board? Chair Russell: So -- Commissioner Reyes: I want him to answer. Chair Russell: Please. I would like our Department to give us the correct answer. This is no longer about this zoning issue. This is about historic designation of the properties and of that right-of-way, and that's the answer I would seek. But we can be very clear that nothing in the NCD will drive -- the intention is that nothing in the NCD will drive a decision toward the HEP Board; that it would go toward UDRB. If you're already required by historic designation to go to the Historic & Environmental Preservation Board, that is completely separate from this legislation. We can easily get clarification on that. Can we get someone in here who can tell us that answer definitively that does work for the City, please? Unidentified Speaker: I went through the process. Let me explain it to you. Chair Russell: I --just it's -- sorry, guys; it's a pride issue right now. I need my Administration to tell me the Code. Mr. Gauger: I would have to reference Chapter 23. There's nothing in -- there's nothing that drives you to Historic Preservation Board. Unidentified Speaker: It's UDRB. He's asking -- Mr. Gauger: It's UDRB. Chair Russell: That's fine. City of Miami Page 206 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Gauger: It's UDRB. Chair Russell: UDRB, we fully -- is -- this is about -- Mr. Gauger: Yeah, that's -- so -- Chair Russell: The amendment is -- Mr. Gauger: Okay, I'm sorry. I think there was some confusion, because it's definitely just UDRB. Chair Russell: Yes. Thank you. Okay. Mr. Gauger: Yes. Chair Russell: Okay. So 'yes " on the amendment that you requested. It's in there. Commissioner Reyes: It's in there. Yes, but on Charles Avenue, they don't have to go to the -- nobody has to go to -- Chair Russell: I would love to hear from our Historic Preservation Officer with regard to the Historic District. Commissioner Reyes: Why the Historic Preservation Officer? Chair Russell: Because Jeremy is -- Commissioner Reyes: They don't have -- Chair Russell: -- is within the Planning Department, but the designations of the rights-of-way, as well as the properties, is managed directly by that department -- Commissioner Reyes: That's right, but -- Chair Russell: -- and they could tell us -- Commissioner Reyes: And -- I mean, are -- Chair Russell: Could be, you're right. Commissioner Reyes: That's right. He said -- he just stated clearly that it is only the right-of-way. It's the street. It is not -- Chair Russell: Part street. Commissioner Reyes: -- the buildings. Chair Russell: Okay. Commissioner Reyes: Just the street. So I want to be clear that if this thing passes that those people, if anything that they're going to do there, they don't have to go in front of the Historic Preservation Board. Mr. Gauger: So keep in mind, there's a number of historic properties (UNINTELLIGIBLE). Chair Russell: That's not what he's talking about. City of Miami Page 207 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: The ones that have -- Mr. Gauger: Yeah. Chair Russell: That's not what he's talking about. Commissioner Reyes: -- the ones that have been designed [sic] -- the buildings that have been designed [sic] as historic, that's a different thing. Chair Russell: Thank you. So, Jeremy, you are clear that there is no structure, I mean, on Charles Avenue that's -- if the structure's not specifically designated historic, all the non -designated structures on Charles Avenue go to UDRB, not to the Historic & Environmental Preservation Board. Commissioner Reyes: Also, I read here -- it says -- Chair Russell: I just need a verbal answer from the Planning Department. Commissioner Reyes: Sure. Francisco Garcia (Director, Planning): I could certainly confirm that, Commissioner. You are exactly correct. Chair Russell: Thank you, Director. Commissioner Reyes: I read here on 601, Section "B," says, `Any request for the demolition of structures that are over 50 years old along Charles Avenue shall be referred to Historic Preservation Officer for review historic significance. " That means that if I want a new building, I want a new house, because -- I mean, that one's too small, or my wife doesn't like the style, you see -- Chair Russell: So -- Commissioner Reyes: -- because I -- you know how it is, you see? Mr. Gauger: But to be clear -- Commissioner Reyes: And then I want to go home -- Mr. Gauger: -- that's to the -- Commissioner Reyes: -- then I have to go to Historic Preservation Board? Mr. Gauger: No, to the ojficer. It's reviewed -- Commissioner Reyes: It's the same thing. Mr. Gauger: -- it's reviewed -- No. Commissioner Reyes: It's the same thing. Mr. Gauger: It's reviewed by staff. Commissioner Reyes: It's the same thing. It is the same. Mr. Gauger: It's reviewed by staff. City of Miami Page 208 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: It has always been. This is not a change -- Mr. Gauger: Yeah -- Chair Russell: -- in this NCD. Mr. Gauger: -- that's not a change. Commissioner Reyes: (UNINTELLIGIBLE) the same. Chair Russell: But please -- no. Just let me -- Commissioner Reyes: I will ask -- Chair Russell: That would be a separate -- Commissioner Reyes: (UNINTELLIGIBLE) speaking now. Chair Russell: -- that's a separate issue within the Code right now, and it has been opined that the Historic Preservation Officer, anywhere within Coconut Grove, if a demolition permit is applied for that they have the ability to see that demolition permit. It passes through there. Commissioner Reyes: Sir, you see, one thing that I have -- Chair Russell: It does not give them the authority to designate. Commissioner Reyes: Okay. Chair Russell: And it does not give them the authority to tell them what to do. Commissioner Reyes: That's right, but it give them the authority to say, "Nope. You cannot touch this building." Chair Russell: No, it does not give them that -- it doesn't -- Commissioner Reyes: And I don't want that authority, because one thing that I have received -- a complaint that I have received from many people in Coconut Grove is that it is a hassle even to add a room, because you have to go through all these boards, and I don't want those -- all boards -- all those boards that we -- and I think that is a mistake -- Chair Russell: Yeah. Commissioner Reyes: -- that we have made. We have delegated our authority on those boards that sometimes, they are self-appointed, you see, because they appoint among themselves, and then they are the ones that are running the City of Miami. You see? I mean, this is -- Chair Russell: Changing a room, definitely, the Historic Preservation Officer doesn't get a look at it, unless it's a designated structure. For demolition, which is the last chance that a home would ever have, the demolition officer can look at the application and make -- he has no power, though, to designate, stop the process, or that -- that's not -- Commissioner Reyes: But he will have power to -- City of Miami Page 209 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: It just goes through his department. Commissioner Reyes: He will have the power to stop the demolition. I mean, the only way that I can accept this is that we -- it come before us. Chair Russell: It's not in this, though. That's a different part of our Code in the demolitions. It's not in the NC -- Commissioner Reyes: Well, I don't know. I don't know about this. Chair Russell: So, further amendments. Because I just want it clear that the request was made that these applications within the NCD don't have to go to the HEP Board, but rather to the UDRB, and that is the intention of my amendment. Mr. Gauger: That is correct. Chair Russell: Thank you. Mr. Gauger: And that is how it is written now. Commissioner Reyes: Thank you for accepting that. Chair Russell: Thank you. Mr. Gauger: That is how it's written now, sir. Chair Russell: Next amendment. Mr. Gauger: Next amendment has to do with the elimination of the parking exemption for structures below 10,000 square feet within the transit -oriented development areas that was -- those parking reductions were eliminated. The next significant change has to do with addressing some of the issues raised during the sunshine meetings, regarding the -- a couple of exceptions, where we might want to allow additional FLR; those being the additions to existing buildings, and the cases where we have a property in between two larger properties, and we've allowed those to be larger buildings in those cases. And there's a number of minor changes, as well, to definitions, but I think that's the -- Chair Russell: Just to be clear on that last one, because I think that was brought up by a lot of people who feel that if someone's in between two very large buildings that have already been built out, that they miss out, and they're actually held back. So this would allow them to have additional FLR, correct? Mr. Gauger: Correct. Chair Russell: Thank you. Next amendment. Mr. Gauger: We also included changes regarding the -- difficult to build on lots that were Commissioner Carollo's concerns during the sunshine meeting. So the -- we've allowed more flexibility for existing nonconforming lots to have flexibility in terms of granting them reductions in setbacks. Commissioner Reyes: What are those reductions? I mean, can you please specify what are those? City of Miami Page 210 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Gauger: So we set a minimum, where the Planning Director can opine, to allow additional flexibility up to a minimum side setback, keeping that as a minimum of 5 feet; now having the ability to reduce the rear setback to 10 feet, and 15 feet on the second story, and applying the conditions of Article 4, Table 12, when reviewing those standards. So basically, a smaller and odd -shaped lot has the ability that we can adjust setbacks to help them get a buildable product. Chair Russell: So that was Commissioner Carollo's request, and so we've amended that. Mr. Gauger: Correct. Chair Russell: Thank you. Next. Mr. Gauger: So the last one was something that had already been discussed but was formerly done, which was the accessory and dwelling units being removed altogether. Commissioner Reyes: Is that it? Chair Russell: Nope. There's more. Mr. Gauger: That's -- Chair Russell: T3-0. Mr. Gauger: T3-0, the other change was before we had FIR of .75, and now we have it at .80. Chair Russell: That was it? Mr. Gauger: And -- Chair Russell: And then we will be bringing additional amendments -- Mr. Gauger: That's it. Chair Russell: -- if there's a motion and a second, to actually conform what Ms. Tapanes brought to the attention of the City Attorney with regard to the boundaries and the use. Commissioner Reyes: Let me -- I -- that was not what I was informed. I had -- we have also allowing existing structures to make an addition up to 65 percent -- Mr. Gauger: That is incorrect. Commissioner Reyes: -- giving relief to homeowners who own a lot between two large buildings, allowing them to build up to 65 percent; allowing small nonconforming lots, that it is a relief on setbacks. Mr. Gauger: Correct. Commissioner Reyes: Granting flexibility by (UNINTELLIGIBLE) total height of 25 feet for residential, and removing the environmental preservation (UNINTELLIGIBLE) permits. Mr. Gauger: Correct. City of Miami Page 211 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: You see? But I don't -- you're not reading that from there. Mr. Gauger: Sorry? Commissioner Reyes: I don't hear that. Chair Russell: Did you add that? Mr. Gauger: Yes. Commissioner Reyes: I mean, it was not add. Mr. Gauger: Those things -- Commissioner Reyes: You see? And also, now that we are in -- and also, you and I, we spoke, and I spoke with some of the people that I don't know if they agree or not, but I thought that it was a nice compromise that if we -- 5, 000 -square -feet lot, that it will have a footprint of 2,500, right? Five times five is 2,500. Mr. Gauger: Correct, if they build out the first floor. Commissioner Reyes: That's right, if it reduces the footprint and it could go up -- and could build up to 65 percent of -- I mean, the square footage that could be built by reducing the footprint could be up to 65 percent. Chair Russell: Is this a new amendment? Because I don't think we discussed that (UNINTELLIGIBLE). Mr. Gauger: This was something we discussed, but after we had already -- Commissioner Reyes: Okay. Mr. Gauger: -- incorporated the changes to the task. Chair Russell: That's interesting. Commissioner Reyes: And I don't know if you're going to agree with it, but that was something that -- Also, okay -- because I'd like this to be very clear, okay? I'd like this to be very clear. And I also have concerns with nonconforming lots, because now Miami 21 allows a process for nonconforming lots, and I want it to be very clear that we'll give homeowners who are choosing to better their home a path to do it, you see, because I don't want somebody that has a nonconforming lot and has a house and want to do something with it that is going to be restrained or constrained by this. Chair Russell: Commissioner Reyes, just a comment. We're haggling over the color of the car, but I think we really just need to decide if we're going to buy it first -- Commissioner Reyes: No, no, no. Chair Russell: -- and then we can make the details of the trim and the -- Commissioner Reyes: No, no, no. I want everything -- before I vote on this, I want everything to be clear, right there, right there, because -- Chair Russell: Agreed. City of Miami Page 212 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: -- it is -- just like I said before, you see -- Like President Reagan said, "Trust, but verify, " you see. I want it to be clear and -- Because if -- this is important, because this could spill into our districts. And unless we have -- I know how you Grovites feel, and I know you have a beautiful, beautiful, beautiful -- that I've known for -- since I came here in 1959, and I know how laid back and how nice it was, peace and love; everybody loves each other, and all of that. I mean, I know that. And I went to Peacock Park, and all -- I remember all those places, okay? But now we have a problem here that has pitted neighbors against neighbors, and what I want to achieve is a compromise -- that we talk about a compromise -- I talk about a compromise with both groups; that they came to my office, and that's why I got involved in this. And also, the fear of this spilling into our neighbors -- neighborhoods. Commissioner Carollo: When you said, Commissioner, President Reagan's famous words, "Trust, but verify, " that's one of the biggest problems we have in the City. Commissioner Reyes: Yep. Commissioner Carollo: Verging. I'll trust, but I want to verify it, and the Administration that we have today, with all the colonels, you can't verb it, and that's the problem that I'm having with many issues in this City; no information, you don't get it, you can't verify anything. And then, when you catch them, they throw up smoke curtains with all kinds of false allegations and accusations so that you can't verb what you caught them doing. Chair Russell: Foreshadowing to a future item on this agenda, stay tuned. Commissioner Reyes: Okay. Let me -- I haven't finished yet, please. Okay? My concerns -- another concern that I have, okay, if an individual -- doesn't matter who the person is -- owns a home, and an act of God, like a hurricane, earthquake, or a fire, destroy the house, that home, that person will have the right to build that -- rebuild that home according to -- I mean, it will not become nonconforming -- will have the right to build it exactly the same. You cannot make it bigger or smaller. I mean, exactly. You have the right to build it the same. Okay? And that is something that I want to see in writing, okay? Mr. Gauger: I believe that's in the Florida Building Code. Ms. Mendez: Well, we have that other provision in Miami 21. So what you're asking for, Commissioner Reyes, is between first and second, for us to make sure that if, for some reason, one of these bigger homes with all of the lot coverage is destroyed, it could be rebuilt exactly the same, not to the lower? Commissioner Reyes: Yes. Ms. Mendez: Okay. Commissioner Reyes: Yes. Ms. Mendez: So everybody's fine with making that amendment? Commissioner Reyes: Yes. Chair Russell: I'd like to study those between first and second, yeah. Commissioner Reyes: Well, if there is a first and second. City of Miami Page 213 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: If there is a first and second. Commissioner Reyes: Okay. Chair Russell: If there is a first and second. Commissioner Reyes: Okay. Chair Russell: And did we mention the one amendment about remodeling versus demolition? Mr. Gauger: Yes. Chair Russell: You did bring that one. Okay. Thank you. It's been a long day. Commissioner Carollo: Can -- whenever Commissioner Reyes is done -- Commissioner Reyes: Well, that other -- I have a couple of (UNINTELLIGIBLE), you see. Commissioner Carollo: No. I'll wait. Commissioner Reyes: Okay. Well, I asked about the boundaries, you see, and we have not received -- I mean, solved that -- about the zonification yet, you see. We have not -- I don't know -- we haven't agree if we solve it and then bring it back, or if we -- now we -- what we do is we will amend it here. But I want you to do this, okay? I still believe, I still believe that 50 percent, the "F" -- I mean, FLR, 50 percent -- and I don't know where that number came from; what is the justification of that number. It could be -- it have -- could have been derived after an extenuous [sic] analysis, or it could have just been -- okay, 56. No, 60, 45. No, let's do 50. I believe that we still need to do an analysis, an economic analysis, on it, because we are definitely -- Applause. Commissioner Reyes: -- definitely, we are losing square footage, and we are hurting, we are hurting the -- I mean, people. We are hurting the owners. We're hurting people that want to build; not only the developers, because developers always will make money, one way or the other. But we're hurting the people that they want to build in their lots, or people that want to buy a lot because they want to live there, because they want to bring the family there. You see? I want to know how are we affecting the price of the other homes? How are we affecting the, I mean revenues for the City of Miami, and therefore, our level of services? And finally, I -- Ms. Mendez: Commissioner, when do you want that analysis? Between first and second reading? Commissioner Reyes: If there is a first, second. Before I vote on this. Ms. Mendez: Okay. Applause. Ms. Mendez: Because you need then a little more time between the -- City of Miami Page 214 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: Okay. And I want to also, if it is possible, try to get a compromise between you warring factions, you see; that instead of 50, could be 60, okay, or 65. I don't know, because now every single building that has been shown is 90, 85, 73. Of course, it's encroaching, and it is too big. It is too big. And I also would like for us to impose -- I mean to enforce a 10 feet setback between buildings, because that is unacceptable that you have only five feet. And if -- I mean, one building is on top of the other one. That is unacceptable. Chair Russell: Thank you, Commissioner Reyes. Commissioner Carollo: But you're referring to five feet on both sides, right? Commissioner Reyes: That's right, on both sides. Commissioner Carollo: Okay. Commissioner Reyes: Yes, sir. Mr. Gauger: So to clarify, the current regulations actually do eliminate the side encroachment, so we are -- Commissioner Reyes: That's right. Mr. Gauger: -- effectively keeping it to 10 feet between the buildings. And just a point of clarification on the images that were shown at .8, .9. Those were all the duplexes that were in those drawings -- or in those photos. Commissioner Reyes: But anybody that is watching and any -- I mean, now you inform me, and I believe otherwise, you see. If I had -- if you hadn't told me, and you showed me that type of construction, and you -- I mean, you tell me this is what you're going to have next to your house, I'd be up in arms also, like everybody here. You see? We have to be clear and -- when we inform the people what are we doing, because if you have that slide show and you tell me that this is coming to your neighborhood, I'll be up in arms. You see? Like many people here that they think -- they believe that that's what is going to happen to them. You see? Chair Russell: Thank you very much, Commissioner Reyes. Commissioner Carollo. Commissioner Carollo: Thank you, Chairman Russell. Let me go through some of the allegations -- I'll call it that until I get answers -- that we all have been provided with, and I'm going to address both the Director of Planning; and anything that falls into the legal side, then the City Attorney. I've been given a series of pages, and there's a few things that stand out the most to me. It says that no -- there's no evidence that at least 51 percent of owners within the proposed NCD -3 boundary support the initiation of an NCD rezoning, as is required by Miami 21, Section 3.12.2(C). First of all, is it correct that that is what Miami 21 requires? And what evidence, if it is correct, do we have that 51 percent of the people within the proposed boundary support this rezoning? Mr. Garcia: It is correct, Commissioner, that 51 percent consent of the property owners is required to establish a Neighborhood Conservation District, an NCD. This is not intended to be a change of zoning. I will defer to the City Attorney's Office as to their opinion that, as presently drafted, it constitutes a change of zoning, then we can remedy that, I suppose. But because it was not the intent to change the zoning -- and the ultimate effect of this will not be to change the zoning; simply to amend and clarify the regulations of the NCD -- that 51 percent threshold was never expected to be affected or met. City of Miami Page 215 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: Madam City Attorney, you stated before -- Ms. Mendez: Right. So if -- Commissioner Carollo: -- this was a rezoning, so -- Ms. Mendez: Right. So if we change the rezoning issues, the boundary issues, and we change the uses, those added uses issues, then there is no rezoning issue, but we have to change that. If it stays -- if the legislation stays as it is, then it would trigger the 51 percent and then the Florida statutes stuff. Chair Russell: I would almost want to ask why we didn't catch that earlier, but I would rather us keep moving on. Ms. Mendez: Say that again? Chair Russell: I'm not going to ask it. Ms. Mendez: Oh. Commissioner Carollo: At the same time, then I guess that the other requirement under Section 3.12.2(C) that a list of property owners within the boundaries of the proposed NCD -3 be required, as per Miami 21, hasn't happened either. Is that so or not? Mr. Gauger: I believe it's the same answer, though -- Commissioner Carollo: Okay. Right, I would -- Mr. Gauger: -- because it's an amendment to an existing (UNINTELLIGIBLE). Commissioner Carollo: Yeah, I would gather it would be the same answer, but I'm just wondering if the list ofproperty owners was submitted or not? Mr. Gauger: During the original designation. Ms. Mendez: Right, not now. Commissioner Carollo: Okay. Ms. Mendez: That wasn't doesn't then. Commissioner Carollo: Okay. But now it is what Miami 21 says? Ms. Mendez: If it's a new one -- Commissioner Carollo: If --yeah -- Ms. Mendez: -- with the boundaries -- Commissioner Carollo: -- exactly. Ms. Mendez: -- and all that -- Commissioner Carollo: If it's a rezoning and -- I heard that. Last, but not least, is there any evidence that a first-class notice of City workshops was sent to all property City of Miami Page 216 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 owners, as it's required in Miami 21 ? And if it's not required in Miami 21, then state it. This is Miami 21, Article 3, '3.12.2. C.4. It says it requires first-class mail to all property owners within the proposed boundaries of the required workshop. Mr. Gauger: For a rezoning. This was notified through NET (Neighborhood Enhancement Team) Offices -- Commissioner Carollo: Right, but -- Mr. Gauger: -- and public meetings. Commissioner Carollo: -- we had a statement that the way that it is now -- unless there are changes made -- it's a rezoning. So if it's a rezoning, and it stays that way, there was no first-class mailing that went out. Mr. Gauger: No. We would need to remedy that. Commissioner Carollo: Okay. Chair Russell: There was no intention to be rezoned. Mr. Gauger: No, it's not intended to be rezoned. Commissioner Carollo: Well -- Chair Russell: Commissioner Gort. Commissioner Carollo: -- if you could explain to me again, Madam City Attorney, how -- if it's a rezoning now, how can it really be cured so it's not a rezoning? I mean, an apple is an apple; an orange is an orange. I'm trying to figure this out. Is this -- you know, unlike what some might think, this is not the area of my expertise. Ms. Mendez: So for something to be considered a rezoning, it has to change the list of permitted, conditional, or prohibited uses within a zoning category, and it has to change actual boundaries. So if we remedy those two things, then it's not considered a rezoning, pursuant to Florida Statute and Miami 21. Commissioner Reyes: Is the changing FLR -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- a rezoning -- considered a rezoning? Ms. Mendez: No, no. Chair Russell: Thank you. Commissioner Gort, did you have something? Commissioner Reyes: Okay. Is it or isn't it? I mean, I don't know; I'm just asking. Is that considered a rezoning? Mr. Garcia: May I state for the record, as clearly and unequivocally as I possibly can? It has never been the intent to have this be a rezoning. Whatever corrections need to be made in order to render it certain that this is not a rezoning, those amendments will certainly be made. Chair Russell: Thank you. City of Miami Page 217 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: I'm trying to understand you, but I got -- If it is a rezoning by Miami 21 or by law, if I change the FLR or any density or any -- it is -- isn't that a rezoning? Mr. Garcia: No, sir. As -- and I'm going to paraphrase (UNINTELLIGIBLE), perhaps, the City Attorney. I will say that it boils down to two factors: uses -- land uses, functions of buildings and boundaries. And to the extent that this inadvertently may have changed that, we will correct it so that it does not. Chair Russell: Commissioner Gort? Sorry. Commissioner Reyes: Madam City Attorney, you are the legal expert here, you see. Please. Ms. Mendez: So you are correct that something having to do with FLR and density that bumps it up to a certain level, that you can have other uses and -- Commissioner Reyes: That's right. Ms. Mendez: You're right on point with that. Commissioner Reyes: Okay. Ms. Mendez: Yes. Commissioner Reyes: Then it -- Ms. Mendez: However -- Commissioner Reyes: -- is a rezoning? Ms. Mendez: -- in this -- Yes, in that particular situation. Commissioner Reyes: Okay. That's all I wanted to know. Ms. Mendez: But it -- but here, when we're just talking about the FLR for the use of homes, of single family homes, it's not a rezoning. Commissioner Reyes: But we are -- Ms. Mendez: If we just -- Commissioner Reyes: -- dealing with FLR here for all of them, for commercial -- I mean, for single family and for duplexes, which is more than one family. Ms. Mendez: Right, but we're keeping it within its zoning category. Commissioner Reyes: Within zoning category, but we are changing the FLR. Chair Russell: Right. Ms. Mendez: But that by itself? -- Commissioner Reyes: Yeah, by itself. Ms. Mendez: By itself, if it doesn't trigger any change of use, we're not a rezoning. Again, this all goes back to us not -- City of Miami Page 218 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: If it walk like a duck, you see, quack like a duck, and likes the lake, it is a duck. Applause. Chair Russell: Thank you, Commissioner. Did you want to say something? Vice Chair Gort: Yeah. Chair Russell: Commissioner Gort, please. Vice Chair Gort: Mr. Chairman, let me tell you. I've been coming to the Grove since 1955, '56, long time ago. The Grove has changed a lot. Like many of the neighborhoods in the City of Miami, they have changed a lot. Now, I don't think anyone who lives in NCD -3, NCD -2 takes care of the need of some of the people in the West Grove. And I hate to call it "West Grove, " but we -- you want to create affordability. Commissioner Reyes: That's right. Vice Chair Gort: Back in the '90s, when I was here -- Commissioner Carollo was here also -- we had that plan that the -- Anthony Parrish stated, we build homes. And those people that own their homes, they're still there. They have not sold their homes. And I think this is the type of program, and we still have that program. I mean, it went away in 19 -- in 2001; came back in 2010. A lot of changes have taken place. But we need to establish that program, where we have first-time homebuyers. We still have that available, where people can come and buy their home. When you own a home, it's a different ballgame, and that might give the ability also to create the rental ability for the other people, and that's how we're going to solve -- This is two different problems, and I think we have to deal with the problem the way it is. Right now there's a lot of uncertainty taking place with steps going back, questions not being answered. And what happens within the City, you might pass it today on first reading. Guess what? You're going to be in court next week, and then you're going to delay even more, because, unfortunately, that's -- I mean, we have too many lawyers in the City of Miami. Everybody wants to go to court right away and -- I mean, this is something you need to analyze, take it back; let's get everything together and bring it back on first reading. Commissioner Reyes: Yeah, I agree. I do agree with that. Vice Chair Gort: Please. Come on. Commissioner Carollo: We weren't talking about you, colleague. Commissioner Hardemon: You're looking at me? Commissioner Reyes: Yeah, man. Commissioner Carollo: Oh, yeah. Commissioner Reyes: We waiting for you. Chair Russell: You've been so quiet. Commissioner Reyes: You've been so quiet. City of Miami Page 219 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Vice Chair Gort: We can take care of West Grove right away. (UNINTELLIGIBLE). Commissioner Hardemon: I'm not the Chair; I don't have to speak. I can have the right to hush, as my family -- as my grandma would like to say. This is a very tough issue. Commissioner Reyes: Yes. Commissioner Hardemon: Because part of me says, it's a taking. Part of me says that people's, you know, property rights are being taken. And, you know, the gentleman -- there's a gentleman that's standing in the back, and he described "ambition," where he felt that watching these homes come up in his neighborhood didn't make him feel like he was being closed in, but it gave him really the ambition to do more, to do better, to one day live in a home like that. It's very interesting, because what he saw was investment in his neighborhood, and there are a lot of neighborhoods that don't see investment, and they usually die out. The Grove is an interesting place, right, and -- You know, I'm from Liberty City, and I've always said that. And I don't think I've spent enough time in the Grove. I think in Liberty City, you didn't go to the Grove; in the Grove, you don't come to Liberty City. We know why. Same way -- same reason you didn't go to Overtown. Unless you had a pass, like Thelma Gibson did, you can go anywhere you want to in the City of Miami. But some people know you just don't get caught on the other side of the track. But when you start to describe, you know, a lot size, and your family has owned something since 1919, 1920, and you almost didn't want to come home at one point. I know there are many of you who live in the Grove and, you know, went off to get an education, and said, "I'm not going back, because Junebug sits on a milk crate at the corner every day. The same homeless guy that's been therefor 15 years, he's there. Everybody's doing the same thing. No one's doing anything different. " And then you come back, and then you realize things are beginning to change, but it's just not involving the people that you grew up with. Then all of a sudden, you know, you see a police officer harassing that homeless guy that's been therefor 15 years, and you say, "He's been here longer than you." You knew him. He doesn't bother anyone. He keeps it moving. So it's an interesting process, because you wonder, is the development of new spaces a good thing? Is it making the neighborhood better? But really, I feel like that's a discussion -- gentlemen, I feel like it's a discussion -- like a theoretical discussion. When we start to really affect people's property rights, then it becomes much more specific, because now you're saying to me, "I own a 5,000 - square -foot lot, and I can only develop this much of it, " when yesterday I could develop -- Commissioner Reyes: Yep. Commissioner Hardemon: -- that much of it. Commissioner Reyes: Yep. Commissioner Hardemon: And the people who had the money before me -- not like the gentleman who just spoke in the past -- but the people who had the money first, they can build whatever they like, and then I'm, in some words -- some people said -- "Stuck with what I have. " Now, I would beg to say that there are some people that look at the little house in between the two monster structures, and they say, `I love that house. It reminds me of 1942 architecture, and I want to live in a low -scale home like that. " And there are some people that says, "It's trash. It's nothing. " And then, "We'll redevelop what we want to have. " We had an item in the -- what area was that? Right off of the bay. If you all remember, the woman that came from some other country. City of Miami Page 220 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: That's right. Commissioner Hardemon: $2.5 million she bought the land for. She said that the house was trashed, basically, and she wants to tear it down. She's developing a whole `nother structure that is completely different from what she had there, a beautiful design, but when I think about like those sorts of houses -- this is on like the Upper Eastside -- there are many houses that still have the traditional look of the neighborhood, and they give them high -impact windows, and they make certain improvements, but they didn't take away their ability to develop in their potential on that lot. And so, that's -- to me, that's the tough part in this, because, you know, you always have to ask yourself, "What would I like? " You know, if someone came to my neighborhood and said, `Keon, we're going to propose disallowing you to build up to your potential on the lot. " Now, I don't think people maximize building to their potential on lots in my neighborhoods. I certainly don't in mine. But how do we go about, to me, trying to find a way to make both sides happy? And that's -- you know, you want to preserve whatever you can that's left of the Grove, but you also want -- there are some people in the Grove that want to be apart of the future of the Grove, you know. And I feel like people have -- you have to find a way to give people the option of choosing which way they want to go, and that's the part that I'm trying to figure out. And, you know, what I would like to know -- and I don't know if the City Attorney can help us with this, but is there a way that we can give people who are homestead property owners, who own lots in that area, who want to have some development, for them to choose whether or not they could be apart of the future or what is representative of the past of the Grove? Maybe that's the way to go about doing it, so that people who are there, you're homesteaded -- "This is my property; my grandmother gave it to me. I have it; my children will have it, but I want a future for this space that's different from what I have today, and I cannot afford to give that dollar. " I feel like there are going to be much fewer of those individuals who are homesteaded property owners who want to avail themselves of that than there are going to be people who are just holding properties for investment purposes that will not have an opportunity to kind of like opt out of that whole system. I don't -- you know, this is just for discussion, but, you know, I think it -- if we can find a compromise to give people an opportunity to do what they wish with their properties, then we give them a shot. You know, this is one of those things where I don't have all the -- I don't have the answers to. Chair Russell: Thank you. Commissioner Hardemon: You know, and I listened to the people that speak [sic], and everyone is on each side of this issue. Vice Chair Gort: Let me finish something -- I didn't -- I forgot all about it, and I don't know how I can forget about Mrs. Gibson. When I was a member of the Gibson Foundation, way even before I was a Commissioner, we had a dream. We were going to create a school. We were going to create affordable housing. It took a lot -- long time, but we did it. And Mrs. Gibson, thanks for doing that, but you're an example that can be followed by many of the people in the neighborhood. I remember at one time, when we were trying to do something with the theater. There's a theater just right across from your property. Nothing has been done there, and that's a historical site, but nobody has done anything in there, and it's been sitting there for years, asking for help. This is where we have to come in as a government and try to help. Chair Russell: (UNINTELLIGIBLE) doing it. But I'd just like to -- couple of things that were said that has made this feel like a taking to some, that by reducing FLR reduces your value, and there is a false argument in that. If I were to reduce one City of Miami Page 221 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 house FLR, but left everyone else at a greater FLR, yes, I've reduced its value by exactly the percentage of what I take away. But if everyone across the board is a level playing field of change, you've created a new market. And because Coconut Grove has the demand -- Applause. Chair Russell: -- and the culture -- the canopy, everyone wants to be here, and that's why it makes it so valuable; not the square footage of your home, but the character of your neighborhood. Applause. Chair Russell: If you go to Brickell, you will find the tiniest 500 -square -foot apartment that will sell for four times what these houses will sell for. Why? Because of the demand of the area for someone who wants to be there. They will pay, because it's on a level playing field with the other apartments in that area. So the market adjusts if we do this in a fair way. I spoke last night -- he probably doesn't want to be called out -- to the former Mayor of Miami Beach, and he was the Mayor there when they went through this exact same change, through this exact same FLR, and that amendment was brought by a pro -development Commissioner who was known to be favorable to development, but was worried that the overdevelopment was actually devaluing their neighborhood and their community. Applause. Chair Russell: And they said, as hard as it was, it was the best thing they've ever done. Their values have still only ever grown, but they've preserved the green space, they preserved the canopy. What we're seeing being built right now was never intended. These are the maximums, to every maximum of every inch, which is allowed on every setback and every height, to make that cube, and that didn't sell before. But when you think of speculative developers, they're not building for their own home; they come in and build to every maximum, and there is a market for that. Someone will come, but it changes everything. If we have a level playing field, that little house can still develop to a very big house; just not an obscene house, because what we have right now is too much. Commissioner Hardemon: Mr. Chairman? Chair Russell: Trust me. Applause. Commissioner Hardemon: Mr. Chairman, so -- and I understand the -- I understand what you're saying about the market and people willing to buy into the market, but what I'm asking about are the people who are not interested in the market. They already own a home, and they're interested in seeing further development of their property. You know, is there some way that we can guarantee that if you own a home today, if you own a home today in that market, and you're owner -occupied in that space, that you can preserve the property rights that you have today versus those who buy into the market tomorrow or the next day, et cetera? Chair Russell: I think the compromise we tried on those who have already been built out around them is one compromise toward that. But I know where you're going, and that's a little different. I would say the resident -owned homes would be the ones that the speculator would buy at the maximum value. City of Miami Page 222 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Hardemon: Right. So my point to you is that if a speculator bought a resident -owned home, he wouldn't enjoy the future. Basically, the transaction, the purchase, the purchase of a property would mean that you can't -- it's like you're buying a new set of property rights, not the existing. If you are an existing property owner, maybe you're vested with the rights that you have today. And if you wanted to develop your property, you can develop your property. But if you sell that property, then whoever bought it, they buy into the new NCD system that you're trying to set up. I'm just trying to -- and this is discussion, because I'm trying to figure out a way that, you know, you give the people that say, "Look, I want to develop my space. I don't want to sell my space. I want to develop it. " And give them a shot at doing it. Commissioner Reyes: What -- Chair Russell: And so -- Commissioner Reyes: Excuse me. Chair Russell: -- and my -- and so my hope is that this doesn't devalue anybody's property. That's not the goal, is to devalue somebody's property; it's to create value. And here's part of the crisis we're under: Because our crime rate is at the lowest in 50 years, that has affected this section of Coconut Grove in a significant way, because speculators were not interested in it 10 years ago, unless they were just going to land bank. Right now, it is a bargain, and it has a target on its back, because it is so proximal to Coconut Grove and Coral Gables, and the idea is that at this pace, it will just be completely white -washed to the rest and similar and homogenous to the rest; that that's the place to invest right now. So an absolute rush, a gold rush is going to there to try to get the smallest possible lot for as cheap as possible and put the biggest possible house as possible, and that's happening one after the other after the other; and little by little, everyone's gone. Commissioner Reyes: Sir? Chair Russell: We have all the efforts to create affordable housing, all the efforts to restore the theater, all the efforts for infrastructure, but if the people are gone, what does it matter? Commissioner Reyes: Sir, may I -- Applause. Commissioner Reyes: -- make a comment? When you're saying you are leveling the playing field, that -- I mean, in Coconut Grove by imposing a .5 -- a 50 percent development on small lots, you are not leveling the playing field, sir -- Applause. Commissioner Reyes: --because if I have a 10,000 -square -feet lot, I could build at 5, 000 square feet home. Chair Russell: Yes. Commissioner Reyes: But since I have a 5,000 -square -feet lot, I can only build 2,500. You are not leveling the playingfield; you are punishing the small -- Applause. City of Miami Page 223 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: -- lots, and that's what I am afraid. I don't care about a 15,000 -square feet lot, because they have plenty of land to build. I care about that family that they -- the only thing that they can afford -- or they own a 5,000 square feet, and they have four kids -- like this gentleman over here, that he needs about a 3,600 -square -feet home, that he can build it. That's my problem, sir. That is my problem. Now, I talked about massive construction and then about encroachment, you see. We have to take care of that, and I agree with you on that. But in the other part, we have to find a way that this gentleman here, with the small lot, he can increase the square footage to fit his family, and he doesn't have to leave Coconut Grove. Okay. Applause. Chair Russell: So I -- so you believe that we should be able to build the same size house on a 5,000 -square feet lot that we can build -- Commissioner Reyes: No, sir. Chair Russell: -- on a 10, 000 -square -foot lot? Commissioner Reyes: No, sir. No, sir. I mean, don't put words in my mouth, sir. Chair Russell: I'm not put trying. I'm just trying to -- Commissioner Reyes: No, no, no. Chair Russell: -- understand, because that's what it -- Commissioner Reyes: No. Chair Russell: -- sounded like, a level playing field. Commissioner Reyes: What I'm saying, we have to find a way that this gentleman here can maximize -- for example, that we -- he can build 65 percent of the lot without having a 3,000 -- Chair Russell: Understood, understood. Commissioner Reyes: -- I mean, footprint. Chair Russell: Right. Commissioner Reyes: You see? I mean, we have to -- Chair Russell: Right. Commissioner Reyes: --find a way that -- Chair Russell: They -- Commissioner Reyes: -- and that's what we're trying to find. Chair Russell: So I think one of the misconceptions is that we're holding everyone back who's on their existing property, that they can't do anything, and that's not true. They can redevelop. They can double. Like I said, my house, I can double the size of my house. I can knock it down and double it -- City of Miami Page 224 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Unidentified Speaker: How big is your lot? Chair Russell: -- under this current legislation -- Unidentified Speaker: How big is your lot? Chair Russell: -- under this new legislation. I have a 6,700 -- 6,500 -square -foot lot, and I have a 1,300 -square -foot home. I could more than double it and still be within this. And so, it -- to me, what's out there right now is too much. We're allowing too much. We're allowing the speculators and developers to decide -- Applause. Chair Russell: -- not those who live here -- what our neighborhoods going to look like. And I think we just kind of get -- need to get a finger on the pulse here and decide if we're going to pass this on first reading or if we're going to kiss the Grove goodbye. Commissioner Reyes: No, we cannot kiss the Grove goodbye. Don't say that, because we are not -- Chair Russell: Oh, I passionately feel that. Commissioner Reyes: Well, I'm passionate about the right of people here, and I'm passionate that we follow the process, you see, because the Grove is going nowhere„ because the Grove is going to stay there. Okay? Chair Russell: So let's get some direction from this dais. Let's get some direction from this dais. Commissioner Hardemon, Commissioner Gort, we're going to wrap it up. Wait. Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: I'm sorry? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: She's talking directly to the Commissioner. This is not -- Commissioner Hardemon: She can talk directly to me. Chair Russell: Yes, absolutely. Please. Everybody, please. Applause. Unidentified Speaker: Thankyou. Chair Russell: This is -- How do you feel about this, Commissioner Carollo? I know you care about these people and the character of the Grove and the canopy and the way it is. How do you feel that this legislation would hurt that? Commissioner Carollo: Ken, I have lived in the Grove -- Chair Russell: Yeah. City of Miami Page 225 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: -- much, much longer, for instance, than you have, and I don't mean that in a disrespectful way. Chair Russell: I understand. Commissioner Carollo: Probably longer than a lot of people here have; certainly not Ms. Gibson or some of the other people that I recognize here, or I know here from years. But I have people that I respect, that I admire that are good people that mean well on both sides of this issue, so this is not taking side with one group over the other. This is what each of us has to feel inside. You know, when I first came to the Grove, I came here because of all those same reasons everyone came, but it has gotten tremendously expensive, and that's one of the reasons my wife and I decided that we were going to do other things with our lives. That's why we moved into District 3, in part, regardless of whether I would have ran or not for the seat there. And it's still amazing to me that the prices that I could buy in Little Havana, even in the Roads, the most exclusive area there, are way, way, way below what the prices in the Grove run. Now, how do you determine value? You determine value in two ways. One is the price of the land. That's what goes really up, for the most part, on demand, the actual land. But then the rest of the value on properties is based upon what you built on it. When we sell apiece of real estate, you put `X" amount on the land, but then the rest of it is in the square footage of what you have. And what you said before, that by doing this, it's going to be across the board; therefore, value would increases for everyone for smaller properties, you're right in that, if you wait - - I don't know -- 10, 15, 20 years. Then the -- what the demand is will catch up with that. But in the meantime, everybody that's there is being priced out of their homes, frankly, because so many people that are my age or older, you think, hey, you know, you work your life, you're going to retire, but then you have your home paid off for, or almost paid off, and then you see what you pay in taxes, and now insurance is like a second mortgage -- it was never that way before -- but insurance now is like having a second mortgage on your home. You can't afford to live in a home once you retire, and this is why so many senior citizens are having to move out and having to sell; and even those people, if they find themselves in a situation that all of a sudden, boom, they expected that their property was worth so much, and all of a sudden, overnight, there's a big drop. That's going to affect a lot of people too. So I think your intentions are well, and I said that before; and I, you know, respect you very much for what you try to do. Commissioner Reyes: But -- Chair Russell: Well, I have a challenge for you then, because I'd like to move this along. And Commissioner Hardemon, I would like to consider your amendment. I'd love to workshop it, to analyze it to see how that would work; the idea of a homesteaded property getting treated differently than a non -homesteaded property, to see what that would achieve. But Commissioner Carollo, you mentioned in one of the previous meetings about this; you'd love to know what the electorate thinks on this, and it's hard to gauge that by who comes to City Hall at the middle of the day and has this amount of time, and that's tough, and I'm done holding on. And I've asked -- I've knocked doors on it, but even I don't know. You know what the true referendum on this is going to be? November S of this year. Because if this passes through and I got it wrong, and I stole people's property rights, and I devalued their homes, I'm out. But if I get it right and I help save the Grove and preserve the Grove and the canopy that we have and the character of our neighborhood, and in actual values, I'll be -- you know, I might get re-elected, but they -- this will be front -and - center issue, I guarantee you, but you've got to give me the chance as the Commissioner of this district to pass this, because I believe we need this. I believe the timing is very important. And it's not about me. This legislation wasn't written by me. It was written by you and the Planning Department over a long period of City of Miami Page 226 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 time, and I stayed out of those meetings. I did not make my opinion known in those meetings. I wanted this to be organic of the neighborhood, and either we got it right or we got it wrong. Commissioner Carollo: Well -- Chair Russell: But I'm the sponsor of it, because I believe in it. And if I get it wrong, I'll pay the ultimate price politically, and that's my challenge. Give it a chance— Commissioner Carollo: Ken, let me -- Commissioner Reyes: -- because this is -- this legislation is good. Commissioner Carollo: If I could say this to your challenge, I think you're misdirected in the challenge, and let me tell you where -- Chair Russell: Okay. Commissioner Carollo: -- and with all respect to you. Chair Russell: Fair enough. Commissioner Carollo: This is not about politics. This is not about -- Commissioner Reyes: Yeah, absolutely not. Commissioner Carollo: -- who's going to get re-elected or not elected. Chair Russell: It's not about getting re-elected. Applause. Commissioner Reyes: Its not about politics. Chair Russell: No, no, no. That's not what I meant. That's not politics, and I didn't intend it that way. This is not a goal to get re-elected. What I'm saying is, if I get this wrong, I certainly will not get re-elected. Commissioner Reyes: Listen, I don't want you to leave, man. Commissioner Hardemon: Mr. Chairman -- Chair Russell: Yes. Commissioner Hardemon: -- I'd like to say, first, I admire your courage with this, because it takes courage -- Commissioner Reyes: Yeah. Commissioner Hardemon: -- to address an issue of this magnitude, because, obviously, some people are for it and some people are against it. And the effect -- and I believe what Commissioner Carollo was putting is that it goes far beyond politics. The effect is about homeownership and property rights. And so, that's why I appreciate that you're willing to consider giving those who are homesteaded property owners exemptions, if they're still -- if they intend to stay in their home and redevelop it. Because, you know, I think about -- when you think about some of these City of Miami Page 227 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 neighborhoods that are now very expensive to live in that are almost exclusive of people of minority descent, these neighborhoods were filled with people of minority descent at other times, and the ones that are still there are there because they still own the property, and may -- it may not be them; it may be their son, their daughter, their grandchild, or whomever, but that person, when the property values are going for $S million, that person will have an opportunity to redevelop that property for their family, and they'll be able to look and say, "If not for that exemption that I had, we wouldn't be able to build this space, " because there are some neighborhoods in Miami where you're not going to be able to buy into once you leave them. And certainly, those people who have had an opportunity to develop the way that they're developing, you know, you just want to have that one shot. And so, you know, I will tell you, your community elected you to be in this space; that is true. Your community elected you to be in this space because they felt that you were the best person to represent their interests, and many times, that's a very difficult thing to do, because, as in my neighborhood, you know, the neighborhoods that I represent, we can be the same people, but we're on different sides of the issue. And so, you know, with that exemption, if you give them that exemption, you know, I'll give you the opportunity to represent your community the best way you see for it, you know. I believe your intentions are well put, you know. I just want to ensure that people will have an opportunity to do what their heart's desire is, and it's just not taken away from them because I voted for it. And so, I'm going to give you that shot. I'm going to support the district Commissioner who represents the second district of the City of Miami, because everyone deserves an opportunity to do something positive for their neighborhoods. I believe this -- and this is the last thing I'll say about it. I've always said it, and I will continue to say it: I personally believe that anybody who lives in any of our neighborhoods in the City of Miami, even some of those that are the less fortunate, no one should have to move out of their neighborhood to live in a better neighborhood. So you should give people who live in their neighborhood an opportunity to make their neighborhood better. Thank you. Commissioner Reyes: Excuse me. Chair Russell: There's been a motion. Commissioner Reyes: Hold on a second. Chair Russell: Was that a motion? Was that a motion? Commissioner Reyes: I want to say something before you make the motion. Chair Russell: I (UNINTELLIGIBLE). Commissioner Reyes: We have not decided yet if this is a change of zoning or not. And, as Commissioner Gort expressed, we are opening ourself [sic] to a lawsuit -- I mean, to being brought to court. Nobody wants to kill your idea, Commissioner. The thing is that, the way that it's stated -- and I really thank you for listening to us that were there, and we made -- I mean, there were a lot of ideas that were incorporated, but I would like to, once and for all, make sure that this is not -- I mean, we don't have to vote on this today, you see. Let's get everything on paper, that this is not -- and let's do it right. Just as Commissioner Gort said, let's start it over. And really, really, really, I have to say that don't play with the emotions, that the Grove is going to go down and all of that. I mean, that is -- that's playing with people's emotions, and my emotion, too, man, because I feel for the Grove, okay? But what we want to do is to do it right, that it is just, that people -- I mean, in some cases -- and I -- my personal opinion -- and I can see it -- are those land owners, that they own lots that they are small; that they have the ability to built [sic] a little bit City of Miami Page 228 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 more, built to their need. That's the only thing that we want. And Jeremy and I, we talk and we agree on decreasing the footprint and increasing the FLR -- Chair Russell: Interesting idea. Commissioner Reyes: -- you see. That -- but I want to see all of that on paper, you see. I want to see all of that in paper, because that idea could help those people, and we might find some consensus around here. That's the only thing that I'm asking. This is not going away; neither is the Grove. Okay? We can bring it. I know that you feel passionate about it. I agreed with you 200 percent that too much development in a small lot, it is -- I mean, we cannot accept that. It's unacceptable; that big homes encroaching, one on top of the other, it is unacceptable, you see, but let's do it right, sir. Let's do it right. Chair Russell: So I've agreed to every amendment you've asked for. This additional one actually sounds very interesting as well; I like it. I'd love to incorporate it, but we got to get moving, because the amount of demolition waivers that are coming in are accelerating -- Commissioner Reyes: My only -- Applause. Chair Russell: -- accelerating right now. Applause. Commissioner Reyes: -- concern now -- Chair Russell: They come into my office every day of the week. And the more we wait and kick the can -- And the idea of what I said earlier about kicking the can is we're just making more time and room under the current Code that the neighborhood completely deteriorates. Commissioner Reyes: Listen -- Chair Russell: So I -- look -- I mean, we can debate, but you hear an open mind to these ideas, but we got to get past first reading. We got to say that there's an intention to do this, unless there's an intention to kill it. Applause. Chair Russell: So I'd rather not be strung along and keep offering more amendments and working together if it's just going to be a "no." I'd like to understand where we stand. Do -- are we willing to do it? So we all have a motion to -- on the -- an active motion on the floor to call any question at this point. Commissioner Hardemon was considering, but even still, there's got to be three, so. Commissioner Reyes: Sir, until -- I cannot vote on this until -- Chair Russell: You're not ready. Commissioner Reyes: -- I am sure that we won't have any legal conditions. Chair Russell: Well, I think we had clarification on legal. City of Miami Page 229 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Reyes: And the City Attorney clearly said that it could be challenged, you see. Chair Russell: Anything could be challenged. Commissioner Reyes: No, no. No, no. Chair Russell: But as soon as a motion is made, I will make an amendment to make this legislation clean for second reading, and I'm working on the advice of my City Attorney. Commissioner Reyes: I'd rather see it before. Commissioner Carollo: But what happened to your suggestion on having a straw vote on this -- Chair Russell: That was yours. Commissioner Carollo: -- for people to participate? Well, that was mine, but you picked it up. Chair Russell: Yes. So, the -- I worked on this with the City Attorneys Office, and the multi -subject theory is what really causes a problem here; to put an item on the ballot in 70 words that encompasses what this NCD does is absolutely impossible, and you also cannot change zoning by referendum. So -- Commissioner Carollo: You're -- Chair Russell: -- but I'm telling you, the greatest referendum is, I'm putting myself on the line here, and I'm willing to go to the map on this. I -- Commissioner Reyes: If that's the condition, I won't vote in favor of that. Commissioner Carollo: Hold on, hold on, hold on. You got me confused now. Chair Russell: Yes, sir. Commissioner Carollo: You said before, a referendum. Now you're saying we can't do it. Well, look, we're not going to base a decision -- Commissioner Reyes: That's right. Commissioner Carollo: -- on a referendum, per se, but I think that what I made clear before -- and I thought you were making clear -- was that you wanted to see where people stood. You can't change zoning by referendum; it's got to be based on law. But this is different. This is to get people's opinion on where people stand. In fact, it's -- basically, what we're doing is meeting the requirements of Miami 21; if this would be a rezoning that we would see that at least 51 percent of the people in the area would be willing to have this change. I don't know how it's going to end up either, like you stated. Commissioner Reyes: I don't either. Commissioner Carollo: I have no idea. I see that there's a lot of people on one side, a lot of people on the other. And as I said, a lot of good people on both sides that I know from both groups, honorable people that mean well. But, you know, even with, City of Miami Page 230 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 you know, brothers and sister, husbands and wives, fathers and kids, there are differences. Chair Russell: I have the gavel, so I will wait to see if there is a motion, and we'll move from there. If there is no will for this item at this moment, and -- I'd like to get feedback. Silence is hard to deal with, but -- Gort, you have expressed you're not ready for this; is that correct? Reyes has legal concerns, which I think we're cleared up on, and I'm interested in your other amendment. If those are clarified, would you be open to supporting this legislation at this point on first reading? Commissioner Reyes: If it's everything clear, and we can allow the small lots to -- for example, my suggestion, I think that -- Chair Russell: It's interesting. I like your suggestion. Commissioner Reyes: It's very interesting, and I think that allow the small lot owner to have more square footage. Chair Russell: By the more green space, they get more. Commissioner Reyes: That's right, more green space. Chair Russell: Got you. I like that. Commissioner Reyes: We have to define how much -- I mean, besides having the -- if they still -- I mean, less a footprint, but then how much green space they have to give up, and if they can have -- still have a pool and have a deck, and things like that. We have to negoti -- I mean, we have to make it specific -- Chair Russell: Yeah. Commissioner Reyes: -- and I will be willing to (UNINTELLIGIBLE), but be very specific. Chair Russell: Is that a motion? Commissioner Reyes: No, that's not a motion. Chair Russell: Oh, it's not a motion? But it might be a second. It might be a second. Commissioner Reyes: That's right. Chair Russell: Do I hear? Do I hear? All right. There is no motion coming, it seems. It seems that this has been a big exercise of everybody's time, so. Commissioner Carollo: Can I ask you a (UNINTELLIGIBLE) and I'm curious about. We had anyone that wanted to speak on items in the morning, speak up. We saved this one separately, because we knew it was -- Chair Russell: It was time certain. Commissioner Carollo: -- going to be so crowded. On this issue and all the other issues that people spoke in the morning, have -- are we done with the public speakingpart, outsideofzoning? City of Miami Page 231 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: No. Yes, we still have zoning public speaking, and there is no more public comment on the morning agenda. Yes, you are correct. Commissioner Carollo: Okay. So there is no more public comment today. In other words, no one else can speak on this item now or on any other item, outside of zoning -- Chair Russell: Today. Commissioner Carollo: -- that, of course, is today. Chair Russell: Yes. Commissioner Carollo: Okay. All right. I wanted to get that on the record so that no one here that -- I see people are anxious that might want to express themselves more -- understands where we're at, and for that matter, anyone else that was here for any other issue would understand that. Thank you. Chair Russell: Thank you. Thank you for clarifying. Commissioner Reyes: Okay. Chair Russell: So let me just make it real clear. Is there a motion on this item? Hearing none, I'll move for indefinite deferral. I'll pass the gavel and move for indefinite deferral. Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Well, we can bring it back at any time, but it sounds like everybody's got some workshopping they want to do. And we'll be back here as soon as possible, but six months at the latest. Commissioner Hardemon: Move for indefinite deferral. Commissioner Carollo: There's a motion. Chair Russell: Commissioner Hardemon has moved to indefinite deferral; seconded by -- Commissioner Carollo: I'll second. Chair Russell: -- Commissioner Carollo. Commissioner Carollo: Second. Chair Russell: All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. 10 -minute break. We'll be back for Magic City. City of Miami Page 232 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PZ.11 ORDINANCE First Reading 4237 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY SECONDER: OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE and Mayor- PZ SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.6, TITLED ABSENT: "OFF-STREET PARKING AND LOADING STANDARDS", TO ALLOW PARKING FACILITIES THAT ARE INCIDENTAL AND SUBORDINATE TO A PRINCIPAL USE IN CERTAIN T5, "URBAN CENTER ZONE," OR T6, "URBAN CORE ZONE," TO BE PROVIDED ON AN ABUTTING PROPERTY IN A T3, "SUB -URBAN ZONE," IF THE PARKING FACILITIES ARE LOCATED IN AN AUXILIARY PARKING AREA AND SATISFY OTHER SPECIFIC CONDITIONS FOR AREAS ON CORAL WAY, BETWEEN SOUTHWEST 27TH AVENUE AND SOUTHWEST 17TH AVENUE BY PROCESS OF EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon For minutes refereneing Item PZ.11, please see "Public Comment Period for Regular Item (s) " and "PZ Order of the Day. " Citv ofMiami Page 233 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PZ.12 ORDINANCE Second Reading 4943 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor- PZ OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY "DEFINITIONS AYES: AMENDING ARTICLE 1, SECTION 1.2, TITLED OF ABSENT: TERMS," ARTICLE 3, SECTIONS 3.5, TITLED "MEASUREMENT OF Note for the Record. Item PZ.12 was continued to the March 28, 2019, Planning HEIGHT," ARTICLE 5, SECTION 5.3, TITLED "SUB -URBAN TRANSECT ZONES (T3)," ARTICLE 5, SECTION 5.4, TITLED "GENERAL URBAN TRANSECT ZONES (T4)," ARTICLE 5, SECTION 5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)," ARTICLE 5, SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES (T6)," ARTICLE 7, SECTION 7.1, TITLED "PROCEDURES," AND ARTICLE 7, SECTION 7.2, TITLED "NONCONFORM ITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO INCORPORATE 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 IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record. Item PZ.12 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.12, please see "Public Comment Period for Regular Item (s) " and "PZ Order of the Day. " Citv ofMiami Page 234 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 PZ.13 ORDINANCE Second Reading 5119 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor- PZ OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY "DEFINITIONS ABSENT: AMENDING ARTICLE 1, SECTION 1.1, TITLED OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)," TO ADD THE DEFINITION OF "AMUSEMENT RIDE"; BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS", TO ADD THE DEFINITION OF A "REGIONAL DESTINATION"; BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO ADD "AMUSEMENT RIDE" AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL WITHIN THE "CS," CIVIC SPACE TRANSECT ZONE; AND BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD SUPPLEMENTAL REGULATIONS FOR "AMUSEMENT RIDE" IN THE "CS," CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PZ.13 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. Note for the Record. For directive referencing PZ.13, please see Item NA.3 Chair Russell: I'd like to take up Item PZ 13, amusement rides, please. Francisco Garcia (Director, Planning): Briefly, then, by way of introduction, Item PZ 13 is an amendment to the Zoning Ordinance that seeks to incorporate provisions through which amusement rides, large-scale amusement rides, as defined in the proposed ordinance, of the sort of Ferris wheels, rollercoasters, et cetera, can be approved in the City of Miami. However, mindful of the fact that these are large devices, large structures that could have a potential adverse impact, we have placed significantly restrictive conditions on how these items can be approved They are as such. They are only eligible in parcels of land zoned CS, which is our civic space designation in the City of Miami, and even then, these would be CS -zoned properties which are master -planned; and in addition, they are regional destinations. There happen to be only five of those in the City of Miami; and so, that is fairly restrictive, in and of itself, and we believe that these are the eligible sites where these items might properly go. But in addition to that, mindful of the fact that they can have a character or some accompanying conditions that could have spillover lighting, spillover noise, et cetera, we've also imposed the fact that they need to be approved by an exception process, and that exception itself would come to the City Commission for your review, and ultimately, your vote. With that, we recommend approval, and we're happy to answer any questions you may have. Chair Russell: Thank you very much. Mr. Clerk, could you swear in anyone who'd like to speak on this item, please? City of Miami Page 235 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you're speaking on Item PZ. 13 -- that's PZ. 13 -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. And I do know there were several residents that were here earlier to speak on this, but it's been a bit of a long day. Here's what's -- I want to be very careful with this one. This is sometimes unintended consequences of legislation that has a snowball effect, or in this case, a rollercoaster effect. An applicant wanted to put a Ferris wheel on one piece of land; not park space; a piece of zoned land as T6-8, and that's all they wanted. In order to enable this, we've come up with a method that makes it possible, but opens the door for putting not only Ferris wheels, but rollercoasters on our park space, and not only -- and so, the first thing we'd have to do is create this zoning amendment; then we'd need to rezone that piece of land down to park space; and then we'd need to apply for that, as an exception; and then we've opened the door up to invite rollercoasters and Ferris wheels on several other park spaces. And the map is now in second reading. I did request that after first reading. It did pass. The map wasn't available for the backup. It is in our backup now, and you can see that this would invite, through exception process, rollercoasters on Watson Island, on Virginia Key, in Coconut Grove, and in other places in downtown. This wasn't our intention. This was not our intention. The intention here, if it is the will of the residents of that area who would be most affected by that wheel, that we accept it, and that we find a mechanism for the --for them to bring it; that it's an amenity that could be good. It could generate revenue for that entity, for our City, and it could be a nice something for folks downtown to enjoy. So I have a little trouble with this legislation as it is, as a zoning amendment. Later... Chair Russell: With that being said, Commissioner Gort, what are your thoughts on that item? Vice Chair Gort: No, I agree with you, because the problem is that somehow, this comes out in the news, like this was going to be able -- the people was going to be able to go in any parks within the City of Miami, which is not the intention of this, and it's very important if we could tweak this one, in particular. If we can get it, fine; if not, we can get it for next month, but we need to tweak it to make sure that it only gets done with (UNINTELLIGIBLE). Chair Russell: One suggestion could be a revocable license that basically offers a temporary use to what is a semi-permanent structure. But if I understand correctly, it can be disassembled quite easily for hurricanes and such. So this gives them almost like a pilot program on this space, because we don't know how it's going to go. We believe -- and the neighbors are amenable to it. It's not too large. And also, rollercoasters were never contemplated. So I believe that we either defer or withdraw this item until the substitute is ready, and I believe there is a quick method to do it. I don't believe it's going to be a three-, four-, six-month process. I think we can do it relatively quickly. Is that --? Vice Chair Gort: Maybe we can have it for next month? Mr. Garcia: We'll certainly do our best to do so, count on it. City of Miami Page 236 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Now, would that have to be separate legislation, or do you see it acting within this legislation? Mr. Garcia: Frankly, it depends on the method. And to give ourselves some flexibility, what I would appreciate is if this particular item were then continued for some specific amount of time within which we will bring it back to you so that it is an ability to amend this legislation to accomplish that, we can do that. And if we can find an alternative shorter route, then we will do that. Vice Chair Gort: Would it make it a lot easier if we --you make it a pilot program? Mr. Garcia: Potentially, it is, but we'll certainly explore that. Vice Chair Gort: Okay. Chair Russell: That might make it quicker, and, obviously, revocable, as well. So I'll welcome a motion to defer this item to the next Planning & Zoning agenda. It's been moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Is there any public comment on this item? Please approach the lectern, anyone who'd like to speak on this item. If you haven't been sworn in yet, we need -- Do we need to swear more folks in? Vice Chair Gort: No. He was sworn in. He was sworn in. Chair Russell: He was sworn in already? If you could administer the oath one more time, and anyone else who'd like to speak on this item or who may think they may want to speak on this item, please stand now and receive the oath. 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 Russell: Mr. Pathman. Wayne Pathman: Thank you. Good evening, Mr. Chairman, and Commissioners, and staff. My name is Wayne Pathman. I'm with the Law Office of Pathman Lewis, 2 South Biscayne Boulevard. I'm here on behalf of Bayside. As all of you know, we've kind of been at this for about two years, and trying to figure out how we can put a sky view or sky wheel at Bayside, which benefits not only Bayside, but the City, because revenue will be derived by the City as a result of our improvements in adding entertainment to Bayside. I will try to be brief, because I think we all know the issues, and I understand the concern that you have, which is not with what we're planning to do, but how it might affect other CS (civic space) properties. We were actually requesting a down -zone. We were going to go from T6-8 to CS, which is unusual; you don't usually see that. Two, you mentioned about a revocable license. Nobody would invest the kind of money my client is proposing to invest to have a revocable license. We have to spend millions of dollars to build and erect this. We've already spent a million dollars just housing it here in South Florida, waiting two years to try to get this Code amendment. In addition to that, I think you'll still need some kind of Code change to allow its use. So a revocable license, I don't think, is the proper avenue. And I also don't think that a pilot program would work. We would never spend the money to do a pilot and be told six months later we have to take it down. I do think that working with staff and Francisco -- and he and I have worked very closely on this City of Miami Page 237 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 -- we can probably find a solution to amend the Code that doesn't affect all the other CS zones, and make it more restrictive so that we could have this at Bayside, and you won't have to worry about the proliferation of these types of amusements throughout the City. In addition to that, though, you do have a lot of checks and balances already being proposed that, ultimately, this Commission has to approve; plus, it has to go to P&Z (Planning & Zoning). And in addition to that, you have a transect zone that has to apply, and you have a number of other things that we could actually add to it, which I could meet with Francisco and discuss, so it almost makes it restrictive. And you could outlaw certain types of amusements, so maybe it could only be a sky wheel - Chair Russell: Right. Mr. Pathman: -- no rollercoasters, no fast-moving type of amusements. I think that might be the better way to go, and then we could -- because you've deferred it now, we could come back next month and continue this process, but narrow it, and I think that's what you're ultimately trying to do. Vice Chair Gort: Right. Mr. Pathman: Is -- am I correct? Chair Russell: Thank you very much. Mr. Pathman: Okay. So that's what I hope that we can accomplish. I'll try to meet with Francisco next week. Thank you. Chair Russell: Thank you very much. Adam Koffler: Yes. My name is Adam Koffler. Chair Russell: Good to see you. Mr. Koffler: And I am representing 1000 Venetian Condominium Association, which I serve as the Chairperson of the Jungle Island Committee. Our building is located on the Venetian Causeway on Biscayne Island, approximately 1,100 feet from Jungle Island, and directly across the Intercostal Waterway. Because of our proximity to Jungle Island, 1000 Venetian owners and residents would be put at a serious risk of severe negative impacts if this change of zoning was to be adopted, PZ.13, Number 5119. I'd just like to express to the Commissioners our gratitude for deferring this item for further consideration, and allowing us the opportunity to become informed of the intentions and the capabilities of this proposal, and this deferral allows for that. Thank you very much. Chair Russell: Mr. Koffler, are you technically still a part of the City of Miami? Because we see -- received a resolution of Miami Beach that they would like to annex your islands to Miami Beach. Mr. Koffler: I plead the 5th on that. I don't know. I don't know the answer to that. Vice Chair Gort: Well, maybe they -- Chair Russell: I -- well -- Commissioner Reyes: Maybe we can swap with them. We can (UNINTELLIGIBLE). City of Miami Page 238 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: -- I was just about to say I'd like to draft a resolution that we would like to annex everything south of 5th. Commissioner Reyes: That's right. We can swap Star Island with -- Chair Russell: I think it's a great idea. I think it's a great idea. So if we can have a resolution -- Commissioner Reyes: They're watching. Chair Russell: -- to annex everything -- I mean, I'm sure they're happy. It's a unilateral decision. Mr. Koffler: It could be a fair trade, so thank you very much. Chair Russell: All right. Thank you very much for your comments. Thank you for coming. All right. No further comments from the public on this item. There's been a motion to defer and a second to the next PZ agenda, correct? There is direction to work on this from several angles, and I'd love to be involved in that, as well. And any further comments from the dais? All in favor of the deferral, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That was PZ. 13. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 239 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO D3.1 DISCUSSION ITEM 5534 A DISCUSSION REGARDING CODE ENFORCEMENT. Commissioners and Mayor RESULT: NO ACTION TAKEN Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item D3.1 was continued to the March 28, 2019, Planning and Zoning Commission Meeting. END OF DISTRICT 3 ITEMS City of Miami Page 240 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 NA - NON -AGENDA ITEM(s) NAA DISCUSSION ITEM 5585 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY Office of the City MANAGER TO PRESENT A FINANCIAL AND SERVICE ANALYSIS Clerk OF CITY -OWNED MARINAS; INCLUDING A REPORT ON THE OPERATION OF THE DRY DOCK FACILITY LOCATED AT DINNER KEY MARINA. SAID REPORT TO BE PRESENTED AT THE NEXT CITY COMMISSION MEETING. RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item NA. 1, please see Item DI.2. Commissioner Carollo: There is -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- Commissioner, you're right; there is a lot of money in the marine business, but there is if it's run by the private sector. They have a wet slip component, and they have a dry dock component. Next to it, we have a dry dock component that the City runs. If you would look at the numbers in the last few years, how those numbers have gone down like there's no tomorrow, it tells you that something's going on, and it's not pretty. And I would hope that the Manager looks at that, and he gives us a report at the next meeting, and the dry dock facilities that we're running next door, and try to give us some kind of logical explanation -- not a political one -- why the numbers that we're running in the dry dock have gone down drastically in the last several years, while this same marina that's being run in the dry dock, they have a waiting list of I don't know how many hundreds of people waiting, and they charge half the price that we do. So I don't understand why that is happening, to begin with. Now, on the overall project that was bided upon, they're supposed to take over our portion also. This is why I submit to you that we are losing money, even with the additional amount that I got the present provider to pay the City. Madam City Attorney, how long has this whole process been going on? I mean, this is years, I believe. Ms. Mendez: I want to say four. Commissioner Carollo: And it was bid upon -- Ms. Mendez: Four between the two bid -- the two actual put -out -to -bid, about four. Commissioner Carollo: Okay, four years. And there were two bids. There was one that was, for whatever reason, canceled, and then a second one. Now, my God, if we're looking at canceling this one, too, it's a heck of a message we're sending out that we can't we can't get our act together in any way to put out a bid for a marina or anything in the City. Beyond that, I have concerns, and I haven't (UNINTELLIGIBLE), like I stated before, but the contract that was reached years ago, as you stated, is counsel correct? Well, let me take that back. That's the second question that I want to ask. Before I do, I want to make a statement. There's no way that I could see that within four months, we're going to get a `yea" or "nay" from the Supreme Court. It's not impossible, but the way the Supreme Court usually City of Miami Page 241 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 works, I don't see it happening. So my concern is that whether we award this today or later on, it's a time factor, because if we award it, what we're awarding is the right for them to go for a referendum and then the public will approve it. If we miss that window for this coming November, then we're going to have to wait a long time before this comes up again. So we do have some time where we will lose that window of opportunity, and in essence, we're not going to lose anything if we wait longer, because whether we award it today or tomorrow, this is not going to have a final approval or not by the voters until November. Am I correct? Ms. Mendez: Correct. Commissioner Carollo: Okay. Ms. Mendez: The only problem with the award is that then this Commission's hands are tied. You can't decide to run it yourself. You can't decide to -- you'll be in between two warring people. It's just -- it's better that you have the finality of the courts, and then you're able to move forward. Commissioner Carollo: The problem is that based upon -- this is why I want a report from the Administration for the next Commission meeting on the dry dock. I don't know if we're even in any kind of position to really attempt to try to run this present marina. And if we're going to run it like we're running our side, we're definitely going to be losing all kinds of money. So brings me back to the question that I was going to ask originally. Counselor here made a statement --and granted, it could be self-serving, but I don't know -- that in that contract that I haven't read, that was done years before I got back here, that there's nothing that prevents us from awarding. What says the City Attorney? Ms. Mendez: I'll just --I'll read it. I disagree with this preeminent counsel, though, on that. It says, the con -- "Simply continuation of the same rental amounts which Rickenbacker has been paying -- hereinafter, 'holdover rent' -- which holdover tenancy, so long as it is permitted by law, shall continue until the successful bidder, new tenant, takes possession of the subject property after any and all objections to the bid and award, including appeals, have been fully and finally resolved. " Chair Russell: So Commissioner, I really appreciate where you're going with this. This analysis is very important for us, because at the end of the day, this is a policy decision. When we issue an RFP, there's a policy decision. And I really believe -- and this was under a previously Administration -- that RFPs get put together without the work together with the Commission. And so, we're left at the end to either just accept or blow up what's been handed to us -- Commissioner Reyes: Yes. Chair Russell: --rather than us making a policy decision from the start; "What do we want that marina to be?" If it's simply from a financial perspective, and we want to turn all of our marinas into private high-end marinas, we'll have mega yacht marinas, and we'll make a lot of money, but our residents will say, "Where do we keep our boats? And where do we live on our boats?" If there's a hybrid of that version, is it better for us to run them ourselves or to look to the private side? And that analysis is very important, but at the very -- I don't -- at the -- it's not at the end of the day. At the beginning of the day, that's a policy decision that we should make, and then set the Administration off on their mission to create the RFP based around that vision. And I feel that hesitation, and we've gone back and forth so many times. I've had issues with the way this RFP came out; not because of who has won, but because of what it created and what it's asked for. And the financial need of what the bidders needed to create in order to make this -- make the most money possible is City of Miami Page 242 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 quite a big production on the water there on Virginia Key. There's all the other legal issues, but at the end of the day -- Commissioner Gort's talking about, "What if we ran this on our own? " We should know the answer to whether it's better or not. And I'd love to see that analysis from what Commissioner Carollo's talking about, but expand it a little bit. Look at all of our marinas to do an analysis, and not just from a financial bottom -dollar side, but also, who they're serving, what services they're providing, the quality of marinas. So, you know, there's -- there is a decision to be made there on that. Commissioner Reyes: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Reyes: I requested that. I did request that. Chair Russell: I believe -- was it an audit you requested of the marinas? Commissioner Reyes: And the possibility of privatizing them. Chair Russell: Yes. Commissioner Reyes: I mean, versus -- an analysis of privatizing it versus our -- the way that we're running it, you see, because I think that -- I know that it will be more efficient and it will be more -- if we -- Let me give you an example. Chair Russell: Yes. Commissioner Reyes: Let me give you an example. You see those -- and this marina back here hasn't been fixed, and we had this argument before that they're waiting for the monies to come from FEMA (Federal Emergency Management Agency) -- Chair Russell: Yes. Commissioner Reyes: -- when you know that we can -- I mean, we're losing -- Chair Russell: Yeah. Commissioner Reyes: -- money back here. Chair Russell: Yet, we're about to ribbon -cut the next door marina, which had the same damage in the same hurricane -- Commissioner Reyes: That's right. Chair Russell: -- but we did a private lease with them, and then -- Commissioner Reyes: Private lease with them, and it was done. I mean, it is the inefficiency of government that -- I mean, the efficient permeates government, and I use the famous Milton Freeman quote about that, that we should be looking into all the marinas, not only this one; all the marinas. What are we going to do there? But I want to add to what we are asking from our City Attorney. What I asked before, I want to reiterate that I want to know what are the grounds -- I mean, the standing grounds on this? Because that is only in the -- I mean, because one thing that I want is this Commission to be transparent, you see. And for sake of transparency, anything that has come -- I mean, only accusation, innuendos, whatever you might call it, that have come here, what effect will that have, if any, you know, in the awarding of the contract? City of Miami Page 243 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Chair Russell: Yeah. Commissioner Reyes: And that's all the -- I mean, that is, to get rid of it, and don't have this hanging over our heads as a Damocles assault. Chair Russell: Thank you. Mr. Dotson: Mr. Chairman? Chair Russell: Commissioner Carollo. Commissioner Carollo: Chair? Mr. De Grandy: May I continue, please? Chair Russell: If I could let if Commissioners speak, and then, if they have questions for you, yes. Commissioner Carollo: I will be quick, Mr. De Grandy. I just want to make a statement. Mr. De Grandy: Sure. Commissioner Carollo: Regardless of how this Commission wants to go, if this is to be awarded, it has to be done within time so that it will go on the ballot this November, and I want to be clear on that; that if there's a will in this Commission to award this contract, it has to be awarded in time so that it could be placed on the ballot in November. Vice Chair Gort: Right. Commissioner Carollo: So -- Ms. Mendez: Would that be August 8 --? Commissioner Reyes: When is the last date to be --? Commissioner Carollo: I don't know what the last date is. Ms. Mendez: Right. Commissioner Reyes: Your last day. Chair Russell: She's asking the Clerk. Mr. Dotson: It would have to be approved by this Commission in your July meeting, no later than that, in order for it to make the November election. Commissioner Carollo: Well, Mr. Clerk, you're the guy that is going to guide me on this, that communicates with the County; none of these two attorneys. What dates has the County given you so far? Todd B. Hannon (City Clerk): Well, again, remember, the November election is our election; we're not piggybacking -- Commissioner Carollo: I know that. City of Miami Page 244 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Mr. Hannon: -- so we'll have more flexibility. Essentially, what we'll need to make sure that we do is conform with the State statute when it comes to the notice requirements, as well as when you call for the special election. So you would be -- you would have additional time. I would prefer nothing later than September, but I don't have the exact dates in front of me. Commissioner Carollo: Okay. Mr. Hannon: So I can work on that for you. Chair Russell: That give us some room -- Commissioner Carollo: That's what I figured. Chair Russell: --for analysis, policy, clear up the legal issues, and -- Commissioner Carollo: That's what I figured, that we had at least until September or so. Mr. Hannon: Yes, sir; again, because it's our election. We're not piggybacking off of an even year election. Commissioner Carollo: Yeah. If you can figure out a due -drop date. And when the Manager gives us the report that I requested of him, and Commissioner Russell asked for another one, if you could bring that to us at the next meeting, so we will know the last date that we have them. Mr. Hannon: Yes, sir. Commissioner Carollo: Thank you. Chair Russell: Can -- is that possible in two weeks, or do you need a full month, Mr. Manager, Mr. Rotenberg, the analysis? Mr. Gonzalez: Sir, we can have that before the next meeting. Chair Russell: Thank you very much. Commissioner Reyes: I heard -- I was told right now that by September 24 is the last Commission meeting for qualifying. Chair Russell: Perfect. Thank you very much. NA.2 DISCUSSION ITEM 5586 DISCUSSION BY COMMISSIONER HARDEMON REGARDING Office of the City THE CITY OF MIAMI'S EXPENDITURES FOR 2019 ULTRA MUSIC Cierk FESTIVAL REQUIRED TO BE PAID BY ULTRA. [RESULT: DISCUSSED Commissioner Hardemon: But anyway, moving on from that. I have an issue, and maybe some other Commissioner have heard about this issue. We know that the City of Miami has a concept -- concert coming to Bayfront -- I'm sorry -- to Virginia Key City of Miami Page 245 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Beach, and that is the 2019 Ultra Fest. And there's been a lot of negotiating that's been going on that's happened from the dais, as well as through the staff regarding the cost that Ultra is supposed to be paying. And I've heard some disturbing things regarding the -- some expenditures that they're being required to pay that seem to be punitive in nature, and by the logic of it, any organization that was trying to have an event that was large-scale would have to pay these sorts of costs. So, like what I have before me right now is a document that is titled, "The Emergency Response Division Request, " and it is -- it outlines a total cost of about $1.2 million worth of things. A part of it is 13 ambulances -- I'm sorry --five ambulances that are asked to be purchased, at a cost of $103,000 each, so $515,000; two EMS (Emergency Medical System) scooters, at a cost of $60,000 each, $120,000; four scooters, at a cost of $30,000 each, at $120,000. I mean, you have ballistic PPEs, which, as I understand, are vests; 101 that are needed, at a cost of $1,300 each, which is $131,000; something called an `Auto Post; 15 needed for Ultra, $13,000, at $195,000. You know, so my issue with this is that I can't imagine in any of my wildest dreams that a private organization would be requested to pay for these things, because the City of Miami is not ready to receive them for an event that they've been having, first. And second, why is it then that for events, such as the Super Bowl, we're giving them money, but we're not handing them a bill like so? So if this type of equipment is purchased by an organization for use for the City of Miami, why shouldn't that cost be spread over --? So I'm going to break this down into three different ways of saying these things. Why shouldn't the cost be spread over other events? So then, therefore, anybody who is paying for an event, they have to pay a fee that goes towards the purchase of these things. Two, why is it that the City of Miami is not purchasing these things themselves? Because, obviously, they need them if they have large-scale events, and we need to be ready for those events. Or three, why are we charging someone, period, for equipment that's going to be used --for daily use in the City of Miami? Commissioner Carollo: Commissioner, this is the first that I've heard of that. I'm very, very surprised in hearing that, because that's not even what we approved. Commissioner Reyes: Nope. Commissioner Carollo: And I was very tough on Ultra, as you all remember, but this is something I've never heard of before. I mean, I don't know if this has ever been requested of anyone in any city, not just Miami. Commissioner Reyes: But is -- this is Ultra or somebody else? Commissioner Hardemon: Yes, this is Ultra. Commissioner Carollo: Ultra. So what I'd like to, so that, you know, we don't cut into our time -- Commissioner Hardemon: Our lunchtime, right. Commissioner Carollo: -- if we could bring this back as the first item -- Commissioner Reyes: Yes. Commissioner Hardemon: Okay. Commissioner Carollo: -- when we come back? And we could come back at 2:30? Chair Russell: We have a time certain at 2 o'clock, so that's why I was trying to get us out a little early, so we could get to it. So let's -- City of Miami Page 246 Printed on 04/19/2019 City Commission Meeting Minutes February 28, 2019 Commissioner Carollo: What is that time certain at 2? Chair Russell: 2 o'clock is the Coconut Grove zoning change. Commissioner Carollo: Well, I might not be able to; I'll do my best to get back until 2:30. I'll do my best. Chair Russell: Okay. Commissioner Carollo: Thank you. Chair Russell: Then -- Commissioner Carollo: Fill me in if I'm late. Commissioner Reyes: By the time you come back, we'll still be here. Chair Russell: All right. No, I would certainly love to have a full quorum, so we'll break until 2:30, if that's -- Commissioner Carollo: Thank you. Chair Russell: --possible? Commissioner Carollo: Thank you. Chair Russell: And then --our 2 o'clock time certain will be the first thing. We'll definitely add this discussion onto the discussion items as a pocket discussion. Commissioner Carollo: Thank you, Commissioner. Chair Russell: All right. Thank you. Break for lunch. See you at 2:30. NA.3 DISCUSSION ITEM 5587 DIRECTION BY CHAIR RUSSELL TO THE CITY MANAGER TO Office of the City ANALYZE A SOLUTION THAT WILL ALLOW FOR AMUSEMENT Clerk RIDES AT A RESTRICTED ON-SITE LOCATION AS OPPOSED TO USE WITHIN THE CIVIC SPACE "CS" TRANSECT ZONE. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.3, please see Item PZ.13. Chair Russell: I would like to direct our City staff -- and I really do want to work together with Commissioner Gort on this, because I do know this is important to him, as well -- to find a path toward allowing a wheel on a site; not necessarily linking it to an entire transect zone, and opening the door of an intention, because when we use the exception process, we're defaulting to, "Yes, you're allowed to do it, unless we can prove why not, " and that means we're intending for it, and we don't. And so, I don't want to write in a code that actually implies, because that puts everyone on vigilance to feel like they need to be on the defense, fighting against this. What's going to come up next month? Who's going to apply? And it also tells the world of amusement rides that we're open for business, and in our parks, in this case, we're City of Miami Page 247 Printed on 0411912019 City Commission Meeting Minutes February 28, 2019 ADJOURNMENT not. This isn't even a park; it's just next to a mall where we think an appropriate use might be a Ferris wheel. So I don't know if the use -- if the method to get there is available for us today, but I'd like to direct the City Administration to come up with that; and if it's possible under this legislation to amend and change and shift, which I don't believe it is, because I really believe this is a long way to get there, with a lot of unintended consequences, I believe there's a much shorter way to get there, looking for a direct use through zoning for this piece of land, under high scrutiny, a high bar of public input, and a high bar of approval at this board, but I'll have to leave that to our Planning and Zoning Departments. The meeting adjourned on Friday, March 1, 2019 at 12:24 a.m. City of Miami Page 248 Printed on 04/19/2019