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HomeMy WebLinkAboutCC 2019-03-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 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 March 28, 2019 PKI111_1LTi �IkiUNZ6YA11Ile] ►FAkiIli »;Isle]*e] NA 44* 1FAkiN4 Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 28th day of March, 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 9:06 am., recessed at 11:34 a.m., reconvened at 2:40 p.m., recessed at 4:30 p.m., reconvened at 4:35 p.m., recessed at 11:58 p.m., reconvened at 12:05 a.m., and adjourned on Friday, March 29, 2019, at 1:12 a.m. Note for the Record. Commissioner Hardemon entered the Commission chambers at 9:07 a.m., Commissioner Reyes entered the Commission chambers at 9:07 a.m., and Commissioner Carollo entered the Commission chambers 9:19 a.m. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning. Welcome to the March 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 me, Ken Russell, the Chairman. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Vice Chairman Gort, and then the pledge of allegiance. Please stand. Vice Chair Gort: Good morning. Invocation and pledge of allegiance delivered. Chair Russell: Thank you. PART A - NON -PLANNING AND ZONING ITEMS) W:M:JN;NNI►11r_'ll1101kiTAki191:1:ZeZ@]w_1►yi/_d1[07►61 PRA PROTOCOL ITEM 5649 Honoree Presenter Protocol Item Crystal Academy Mayor Francis Suarez Proclamation UM -NSU CARD Awareness Month Mayor Francis Suarez Proclamation Safe Drivers Mayor Francis Suarez Certificate of Appreciation Farm Share Volunteers Mayor Francis Suarez Certificate of Appreciation City of Miami Page I Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a proclamation to Crystal Academy. Since 2009, Crystal Academy has provided evidence -based therapies and individualized intervention for children and adolescents with Autism Spectrum Disorders and other developmental delays. They provide services to special children and their families throughout Miami by promoting language and communication, education, socialization, inclusion opportunities and community-based instruction. The Elected Leadership paused in their deliberations of governance to commend and pay tribute, thereby proclaiming Thursday, March 28, 2019 as "Crystal Academy Day" in the City ofMiami. 2) Mayor Suarez and Commissioners presented a proclamation to the University of Miami — Nova Southeastern University Center for Autism & Related Disabilities (UM -NSU CARD). The UM -NSU CARD, supports children and adults with autism and related disabilities and every year 12,000 South Florida families receive support from UM -NSU CARD clinics and resource centers. Autism Spectrum Disorder (ASD) is a neurological disorder which affects the way the brain develops and processes information where 1 in 59 children in the United States has an autism spectrum disorder. The City of Miami is committed to the principles of inclusion for individuals with an autism spectrum disorder and to bring awareness the Elected Leadership paused in their deliberations of governance, thereby proclaiming Thursday, March 28, 2019 as Autism Awareness Day" in the City ofMiami. 3) Mayor Suarez and Commissioners presented Certificates of Appreciation to City of Miami Solid Waste Department Employees honoring and recognizing them for performing their tasks with utmost excellence. These employees have created a profound impact in the lives of the residents of the City of Miami by exemplifying the professionalism of the City of Miami Solid Waste Department. The Elected Leadership of the City of Miami paused in their deliberations of governance to commend the employees for maintaining safe driving records. 4) Mayor Suarez and Commissioners presented Certificates of Appreciation to a group of volunteers who assisted at the Saturday, March 16, 2019 Farm Share Event, which helps in eradicating poverty throughout the community. The Elected Leadership of the City of Miami paused in their deliberations of governance to commend the volunteers. Chair Russell: We'll now make the presentations and proclamations. (Presentations and proclamations made) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Jan 24, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: Can I get a motion to approve the minutes of the Planning & Zoning meeting of January 24, 2019, please? City of Miami Page 2 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 ORDER OF THE DAY Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Any comments from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. Chair Russell: Madam City Attorney, are you ready? Victoria Mendez (City Attorney): Yes, sir. Chair Russell: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online 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 is available online or at the Clerk's Office; online at wwwmunicode.com [sic]. The material for each item on the agenda today is available during business hours or at the City Clerk's Office, or online at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on a 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 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 City of Miami Page 3 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 either at the conclusion of the deliberation of the agenda item being considered at 1Op. in., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are either being withdrawn, deferred, or substituted. Thank you. Chair Russell: Good morning, Mr. Manager. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk. At this moment, the Administration would like to defer or withdraw the following items: PH. 1, which is a bid waiver for Formula 1, we'll defer that to 5/23; PH. 1, to 5/23. RE.1 and RE.2 will be withdrawn. That's all I have, Mr. Chairman. A reminder: Today is opening day of the baseball season. Chair Russell: Yes, sir. Is there anyone from the dais who would like to withdraw, defer, or continue any items on the agenda? Commissioner Carollo: I'm sorry, Mr. Manager. The opening day, does that mean you're going to the ballpark, or you're going to be here with us? Mr. Gonzalez: Sir, I can find no other pleasure than to be here with all of us today. Commissioner Carollo: All right. That brings ringing to my ears. Mr. Gonzalez: Thank you, sir. Commissioner Carollo: I thought you were going to invite us to the ballpark with you, and I was going to politely decline, but -- Mr. Gonzalez: No, sir. Commissioner Carollo: --I thank you. Mr. Gonzalez: No, sir. We will be here until we need to be here. Thank you. Commissioner Carollo: Unfortunately, it's going to be late tonight. I hope we stick by that ]Op. in. ruling. Commissioner Reyes: 10 p. m. Commissioner Carollo: In fact, I might be the one that brings it up. Chair Russell: Thank you very much. Is there any items that the Commissioners would like to see altered on the agenda, please? Seeing none, can I get a motion to approve the order of the day, please? Vice Chair Gort: Move it. Commissioner Reyes: Second. Chair Russell: It's been moved by Commissioner Gort, second by Commissioner Reyes. All in favor of the item, say "aye. " The Commission (Collectively): Aye. City of Miami Page 4 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Any opposed? Motion passes. Later... Commissioner Carollo: If -- now that that was taken care of, Mr. Chairman, I -- Chair Russell: Yes, sir. Commissioner Carollo: -- on the items that the Manager withdrew, I need to do a follow-up, briefly. Mr. Manager, I respected whatever your reasons were to deferring RE.1 and RE.2. However, I'm concerned that we move forward as quickly as we can with this, because of the time constraint that the Commission put forward. This is the Freedom Park, yeah. So -- but I'd like to ask the Administration -- if need be, we can do it through resolution -- is if you could have the City Attorney, Madam City Attorney draft up a Request for Proposal that we could put out as soon as possible, hopefully, by early next week. Because of the time constraints, it should be a quick turnaround, 15 days, no more than 21 days, to have any firm, national firm be able to participate in being part of the Freedom Park process. Chair Russell: Commissioner, just to clarify, I believe RE.1 and 2 were withdrawn as duplicate items from a previous agenda; am I correct? So the item regarding the legal consultants is still on the agenda at RE.10. So it will be -- Commissioner Carollo: Okay. So that one is still on. Chair Russell: That is on there still. Commissioner Carollo: Okay. All right. That's fine. Thank you. Chair Russell: Commissioner Reyes. Commissioner Reyes: Mr. Chair, and -- Chair Russell: Thank you. Commissioner Reyes: -- you see, and I was one of those proponents of the task force, Code Enforcement Task Force, and I want to -- I -- Mr. Manager, I think that is very important that we start a task force, and name our -- every Commissioner name the person that is going to participate in and get it going, because I know that we have problems with Code Enforcement, and I don't mean to -- I don't -- I'm not saying there is anything illegal or anything wrong that -- on purpose. But there seems to be certain disconnect, and there is no follow up on certain citations that have been given. Mr. Gonzalez: Sir, we -- Commissioner Reyes: But I want to know why. Why are you postponing it? Chair Russell: Again, just to clam this was a repeat item. We've already created the task force -- Mayor Francis Suarez: Mr. Chair? Chair Russell: -- legislatively, and I'd like to let the Manager address -- Mayor Suarez: I'll explain if you -- if it's okay, Mr. Chair. City ofMiami Page 5 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Of course, Mr. Mayor. Mayor Suarez: When the meeting -- not the last meeting, but the prior meeting was - - ended abruptly, that meant that those two items which were remaining on the agenda automatically went to a like meeting, which is this meeting. In the last meeting, these two items were on the agenda, and they were passed by the Commission. Commissioner Reyes: Okay. Mayor Suarez: And so, therefore, it's sort of a procedural glitch. Because the meeting ended abruptly -- Commissioner Reyes: Okay. Mayor Suarez: -- they came out, and that's why they had to be withdrawn. Commissioner Reyes: The only thing that I wanted to do is -- Chair Russell: Get going? Commissioner Reyes: -- to expedite this and get it done. Mayor Suarez: Yeah, right. Mr. Gonzalez: Sir, we stand ready to -- Commissioner Reyes: Okay. Mr. Gonzalez: -- move on and expedite this. Commissioner Reyes: Okay. Mr. Gonzalez: We, too, are looking forward to recommendations from the board. Commissioner Reyes: Okay, because I'm ready to name mine -- Mr. Gonzalez: Yes, sir. Commissioner Reyes: -- my appointment. Chair Russell: Mr. Clerk, do we have board appointments on today's agenda? Todd B. Hannon (City Clerk): No, we do not, sir, but -- Vice Chair Gort: I have one. Mr. Hannon: --nothing prohibits the Commission from making board appointments at today's meeting. Chair Russell: So -- Mr. Hannon: We do have the Code Enforcement Task Force scheduled for the April 11 meeting. Chair Russell: Excellent. So anyone who would like to submit their designee can offer it up today. We'll do that this afternoon. City of Miami Page 6 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Okay. Vice Chair Gort: Okay. Chair Russell: Thank you. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: Gentlemen, I'd like to open the floor for public comment at this point. We have several items today, and I'll let everyone know how we plan to do this. We're going to have public comment, and then we will move to the board reports, as we have several representatives of different City boards will be here to report. Right after that period, we'll take up the CA (consent agenda) and RE (resolution) agendas; and, of course, after that, the ordinances; the discussion items, as well. One of the discussion items on Babylon, the D7.3, I've heard of several residents who would like to come and speak on that. They're only available at the 2 p. in., so I'll most likely be taking that item just after lunch so that those who are here for that, you're welcomed, of course, speak on it in the morning, but we'll be most likely taking that item after lunch. If you're here to speak on a Planning & Zoning item, the preferred time is 2 p.m. If you have -- if you're time -restricted as a resident and you've come all this way and you'd like to speak out on a Planning & Zoning item, that is fine. You can also do that this morning. Ifyou're able to wait till 2 p.m., it'll make more sense in coordination with the items we'll be taking up in the afternoon, but in order to respect the residents' time, anyone who's here to speak in the morning can speak on any item in the agenda. They need to be sworn in, though, to speak on PZ (Planning & Zoning) items, Mr. Clerk? Todd B. Hannon (City Clerk): Yes, sir. Chair Russell: Okay. So I'm going to open up public comment. Is there anyone here who would like to speak on any PZ item this morning, and you'd like to speak this morning, not at 2? Mr. Clerk, can you swear them in? Mr. Hannon: If anyone is here to speak on a Planning & Zoning item, may I please have you stand and raise your right hand? Again, if you can stand and raise your right hand, and this is for any of the PZ items. 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. And if you do speak this morning, you will not be speaking this afternoon, please. This is your time, and you can choose to do that this morning or this afternoon. Furthermore, I'd like to ask, if you're speaking on a PZ item on which we've already had public comment, please try to restrict your comments to new information. If you've spoken before on the issue, there's not -- it's not necessary to repeat what you've said before; we have it on the record. We did have public comment, and it's in the record. But you, of course, are free to come up. Say your name. You may say your address if you'd like, and you have two minutes each to speak. So I'll be opening public comment at this point for any of the items in the morning's agenda. And if you're here for a afternoon item, you're also welcome to speak at that time. Please step up to both of the lecterns. You'll have two minutes City of Miami Page 7 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 each to speak. When you hear the first beep, you've got a -- that's when you've got a minute left -- or 30 seconds left? Mr. Hannon: 30 seconds. Chair Russell: Okay. So when you hear a beep, that's about a 30 -second warning. That's about time to start wrapping it up. And then, by the end of the two minutes, please, so we -- please finish up so we can move on to the next speaker. So, ma'am. Caroline Lewis: Good morning. My name is Caroline Lewis. I'm the founder and senior advisor to the Cleo Institute. I live in Miami, 555 Northeast 34th Street, 3314 -- 33137. So I'm here today to speak to PZ.1 to 3, and I'm really here to ask everyone who is approaching the SAP (Special Area Plan) approval, and the Magic City in particular, to really consider what we've done. I read the Miami Herald diligently. I have been working exclusively on building climate leadership in our great County, in our great City for the past 10 years. I have heard the people and I have tried to be their voice on equity issues. What I have not seen from this Commission, and I'm begging you, for you to appreciate that you and Magic City may have had several people at the table, but your table was not big enough. You haven't really heard the people who are going to be most affected by these SAP approvals in moving forward. There's a reality of affordability in Miami -Dade County. There's a reality that 60 percent of us are living right at or below the poverty level. There's a reality that we cannot go ahead with these beautiful improvements without listening to the people. They cannot get jobs where they used to live and have to be displaced by costs and have to commute back to work. So I'm just saying we may all be very well-intentioned, and you have had a lot of people at the table, but with all due respect to the Commission, you need a bigger table, you need more time. Please hit 'pause" very slightly on this to hear the reality on the ground of the people of Little Haiti and those of us who work with them. Thank you. Chair Russell: Thank you, Ms. Lewis. Adrian Madriz: My name is Adrian Madriz, Executive Director of SMASH (Struggle for Miami's Affordable and Sustainable Housing). I'm here to speak on PZ.1 through 3. Little Haiti is ground zero for climate gentrification in Miami, and we have a great opportunity -- Commissioner Hardemon: Excuse me one second. One second. Mr. Madriz: Yes. Commissioner Hardemon: Mr. Chairman, this means that we're having public comment -- because I tried to understand what you were saying earlier -- if we have public comment in the morning for the PZ items, as well? Chair Russell: If someone is not able to be here at 2 p.m. and they prefer to speak this morning, I want to honor their ability to their schedules; that's the only thing. Commissioner Hardemon: So you're taking them at their word, which is an incredible thing to do, but -- so if they come at 2 o'clock and they want to speak at 2 o'clock -- Chair Russell: They won't be able to speak again. Commissioner Hardemon: Okay. And you're going to keep a record of this? City of Miami Page 8 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Yes. And we're going to hold them to that. There is also a morning item for FR.2, which is somewhat related, if you want to take that this morning, as well, Mr. Commissioner, but I do -- I'm trying to establish our policy of public comment. I know we've done it several different ways over the years. I'm really just trying to make a way forward here where we honor our residents as our bosses and try to honor their schedules, and hold an efficient meeting. I know that perhaps, legally, we're not restricted to forcing public comment every time, but it is going to be my policy moving forward that every item we vote on gets public comment. And in this -- and I'd like to start moving our PZ agenda to a full-day agenda in the future, Mr. Clerk, Madam City Attorney, so that we can address the entire day's agenda at the -- with the respect of our residents' schedules. But that's something for the future, and we'll work on setting the agenda. For today, I've just asked if anyone cannot speak at 2 p.m. and has to leave, or if they just prefer to speak to this morning, it'll go on the record now. Please continue. Commissioner Hardemon: Sorry to interrupt you. Mr. Madriz: No problem. So, Commissioner Russell, that is true leadership, by the way, and I really appreciate that, and I'm sure everybody else does, too. The climate gentrification issue is a big problem. We're at ground zero in Little Haiti for it. The Magic City development is going to further exacerbate that problem, and there just isn't enough land left in Little Haiti for us to be able to protect. So whatever is out there, we need to take advantage of the opportunity to make it as successful as possible, and make it as affordable as possible to the residents. Unfortunately, the plan, if it moves forward, doesn't do that. And $31 million in a Revitalization Trust is not going to accomplish much if the land is gone and the people are gone. So I really encourage the Commission to really review this plan, to put a moratorium on the creation of Revitalization Trusts and SAPS, and to really go back to the community and make sure that we really have community control over this project, and that there's a democratic process that we, in a dignified way, participate in. And so, that's all I really wanted to say, and thankyou very much. Chair Russell: Thank you for your comments. Ma'am. Danielle Goodman: Good morning, Commissioners. My name is Danielle Goodman. I'm here as a friend and recent neighbor of Little Haiti. I've been attending such meetings for several years. I've heard arguments for giving away City parks so someone can build more; while several buildings full of actually affordable housing, where people like library employees could afford to live in my old neighbor, were emptied. In those years, I learned a lot about the residential inequality and the economic segregation of Miami; as if the evidence wasn't right before my eyes. And now I'm learning a lot about the ways that zoning is being used as a benign tool of segregation. I'm wondering if the flaws that I've seen in the SAP states of exception are not a bug, but a feature of Miami 21. Miami 21 was intended to form the public realm. I quote, "In conceiving this in aesthetic terms, we disguise the real consequences, which are overwhelmingly borne by low-income communities of color. Designing states of exception into zoning law to free large land owners from their obligations, while rewarding them with public goods and special privileges, is intentional and cannot be aestheticized. " The Little Haiti SAPS, and this one in particular, set a new and dangerous precedent, lowering the threshold for enforceable requirements for development to how much they can set aside as a line item cash payment tied to a permits timeline to a new city agency, created for the purpose, four-fifths of which appointed by one man, and one which can be abolished by a vote of three Commissioners. No obligation to address fair housing via set - asides for affordable and workforce housing, throwing in two handfuls of liquor licenses, no displacement studies, no environmental impact statement, no enforcement penalties; in return, a new benchmark for how much extra building City of Miami Page 9 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 height, density, how much less parking and truly accessible public space, how few actual community benefits -- Chair Russell: Thank you. Ms. Goodman: --for all future SAPS to emulate. Chair Russell: Thank you very much. Ms. Goodman: Thank you. Please place a moratorium on SAPS and Revitalization Trusts. Thank you. Chair Russell: Thank you for your comments. Mr. Bercow. Jeffrey Bercow: Good morning, Mr. Chair, Commissioners. Jeff Bercow, 200 South Biscayne Boulevard. I'm here -- I just wanted to talk about the scheduling of DI.3. My colleague, Ms. Balter, called your office yesterday to request a special setting, time certain, this morning. She's had a death in her family. The funeral is later this morning, and she'd like to attend that -- I'm sorry -- the mass -- and then spend time with her family. Out of courtesy, we told Mr. Leal, who represents the other side, who then had a number of people call your office and ask for -- ask that the matter be heard in the afternoon. I did not know that when you spoke earlier this morning about the time for DI.3 that there are a number of supporters on our side from the neighborhood who are here this morning, and would like to attend and participate this morning. They're not able to participate this afternoon. So I would ask you to take that into consideration. Chair Russell: Thank you. I appreciate that, and I'm sorry for the loss. They are certainly welcome to speak this morning on the item. Eddy Mercure: Hi, (UNINTELLIGIBLE) gentlemen. My name is Eddy Mercure. I'm business owner. Let you know I always had issues from last two months ago. They was push me out, and I find another space. Like, you know, it's not even three weeks. Like, you know, they want me leave again from the second place I just get. Like, you know, because those people, they say, like, you know, they don't want, like, you know, to see these people do any business in this Little Haiti. Like, you know, it's really, really, really difficult for us now. Like, you know, we don't know what have to do, because it's really crazy, because I just got my business from three weeks. Like, you know, the person -- like, you know, my own people come to support my business. The owner say we have to leave, and if I'm -- if they not -- I'm not leaving, like, you know, I don't have to make any payment. They say I don't have to make any payment. I have to find me another space, because they don't want my peoples coming to support my business. That's -- he text me. He told me, like, now, if he see my people is coming, to call police for my own people. It didn't made any sense. Like, you know, that's like, you know, I always come here, like, you know, to see if they can help me, my business. Chair Russell: Thank you very much. Mr. Mercure: Thanks. Chair Russell: Sir. Michel Bienaime: (As translated by a member of the public): Good morning. My name is Michel Bienaime. Mr. Hannon: Excuse me, Chair. City ofMiami Page 10 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Just a moment, please. Mr. Clerk, we have official translation? Mr. Hannon: Yes. Chair Russell: Okay. Mr. Bienaime: (As translated by Cassandre Saint Louis, Official Creole Interpreter): My name is Michel Bienaime. I live in Little Haiti. I came last time to speak, but I was not able to speak, because it was not enough time. The main problem in Little Haiti right now is that they're trying to push the residents out. They're trying to push everyone out. Even when somebody has a house, they ask them to leave the house. I personally do have a house that I am trying to get pushed out of. There are no negotiations. They are not asking you exactly what we want to do. They're just trying to push us out. It's been awhile since they have talked about developing the area, and they haven't really tried to discuss it. I would love for the development to happen, but they have to discuss it first. Thank you very much, because I'm not the only one to speak. There's other people that like to speak, as well. Chair Russell: (UNINTELLIGIBLE). Elvis. Elvis Cruz: Thank you, Mr. Chairman, Commissioners. Elvis Cruz, 631 Northeast 57th Street; number of items. First of all, please do not weaken the Five -Day Rule. I would caution you, be careful what you ask for. Just because the particular issue that precipitated this discussion or this item on the Five -Day Rule may have been something you agree with today, someday down the road, the shoe may very well be on the other foot, and you will wish you still had that Five -Day Rule, as intact as it is before this proposed change. Chair Russell: That's SR.2. Thank you. Mr. Cruz: Thank you. Secondly, regarding the Special Area Plan and creation of a trust, the whole concept is wrong. Community benefit agreements are essentially defining who you are, and it's just a matter of haggling overprice. I would caution you to avoid engaging in that sort of selling of zoning, which is what it's all about. Long after the community has spent its 30 pieces of silver, the existing character and scale of the neighborhood will still be obliterated by 25 -story high-rises and 10 liquor licenses. The proposed SAP is illegal. It violates Miami 21, Section 3.9.1(h) (10), and Section 7.1.2.8 (c) (2) (g), "Charlie, " 2 "golf, " which, because I don't have enough time, I will not go into at the moment. You've heard me mention before, but I'm going to repeat it very briefly. The City is already over -zoned to allow eight times more housing units than were counted in the 2010 Census before any SAP is even considered. Lastly, on a procedural point of order, I would urge all of you to please consider scheduling a special City Commission meeting for the Coconut Grove Playhouse issue. When that came before the HEP (Historic and Environmental Preservation) Board, it was discussed for seven hours; one issue, seven hours. I can only imagine it will be even greater discussion when it comes to Commission, so please consider that for your own conveniences, as well as that of the public. Thank you. Chair Russell: Thank you, Mr. Cruz. Is there anyone here for public comment on the morning's agenda? Seeing none, I'll close public comment at this time. Mr. Manager, are the board representatives here to report on the annual reports for the - Nzerie Ihekwaba (Chief of Operations/Assistant City Manager): Yes, Mr. Chair. City ofMiami Page 11 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 Victoria Mendez (City Attorney): Chairman, someone approached. I don't know if he's a -- Chair Russell: Would you like to --? You're here for public comment, sir? Richard Marx: Yes. Chair Russell: Which item did you want to speak on? Mr. Marx: Babylon. Chair Russell: I'll reopen the public comment. Go ahead, sir. Mr. Marx: My name is Richard Marx. I am on the board and the President of Point Behind the Bay, at 1440 Brickell Bay Drive. My comment is that I am in support of the covenant related to Babylon. That's it. Chair Russell: You're supportive of the covenant -- Mr. Marx: Yes. Chair Russell: -- related to Babylon? Mr. Marx: Yes. Chair Russell: Thank you very much. Mr. Marx: Thank you. David McDougal: Are we (UNINTELLIGIBLE)? Chair Russell: All right. Mr. McDougal. Mr. McDougal: Thank you. David McDougal, 4231 Northwest 11 th Place, City of Miami. I also come to request a moratorium on launching new multi -million -dollar Neighborhood Revitalization Trusts in the City of Miami. I feel this is a common sense request, given unresolved questions with the two other Neighborhood Revitalization Trusts that Commissioner Hardemon runs, especially in light of recent scandalous articles about Commissioner Hardemon's voting record, access, and family lobbying practice in the Miami Herald, the Miami New Times, and the Miami Times. Before the recent news coverage, the Miami Climate Alliance, FANM (Family Action Network Movement), FLIC (Florida Immigrant Coalition), and many others have filed public records requests, asking for expense ledgers for Liberty City Revitalization Trust, for the names and years served by all board members of the Liberty City Trust; for all documents related to Magic City Development Agreement, and the $31 million Trust. The recent news stories added fuel to our suspicions. We feel it would be an egregious affront to democracy if Commissioner Hardemon is granted a third multi -million -dollar Neighborhood Revitalization Trust, given the many concerns raised about his other trusts, his camaraderie with developers, his voting record, and access, and his secretive family lobbying practice. Chair Russell: Sir, stick to the item. Mr. McDougal: Thank you. Chair Russell: Thank you very much. Closing public comment at this time. City of Miami Page 12 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 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: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Russell: Thank you. END OF MAYORAL VETOES City of Miami Page 13 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 141eQ9101►MA►kreCe7A►197_1 The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Notefor the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " CA.1 RESOLUTION 5482 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of Real THE BID RECEIVED NOVEMBER 20, 2018, PURSUANT TO Estate and Asset INVITATION FOR BID ("IFB") NO. 969390, FOR REPAIR Management SERVICES FOR MOORING SYSTEMS FROM MIAMI CORDAGE COMPANY, INC. ("MIAMI CORDAGE"), THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CITY OF MIAMI'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM") ON AN AS NEEDED BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM DREAM'S GENERAL FUND ACCOUNT NO. 04002.221120.534000.0.0, AND OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL, HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0121 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair Russell: Gentlemen, I'll take us to the morning's agenda. We've had public comment on all of the morning's agenda so far. I'm going to be looking at all of the CA (consent agenda) and RE (resolution) items. Is there any of these particular items that you would like to pull and discuss separately, amend, or potentially vote against? Commissioner Carollo: Chairman Russell, CA and which others? City ofMiami Page 14 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: CA and the REs. Commissioner Carollo: The REs. Chair Russell: So that would be CA. 1, and REs.3 through 10. Commissioner Reyes: I will -- Commissioner Carollo: If you could give us a minute. Chair Russell: Sure. Commissioner Reyes: Yes. I would like to pull out RE 10 -- Chair Russell: Yes, sir. Commissioner Reyes: -- that I have some questions and some clarifications that I need. Chair Russell: Fair enough. Are there any other items that anyone would like to pull separately? Commissioner Carollo: Okay. I'm going through the REs now. CommissionerHardemon: RE 8. Chair Russell: RE. 8? Commissioner Hardemon: Correct. Chair Russell: Thank you, Commissioner. Mr. Clerk, if -- I would like to make an amendment to RE. 7; it's a very simple, non -very -substantive amendment. Does it need to be taken separately, or can I --? Todd B. Hannon (City Clerk): No, sir -- Chair Russell: Okay. Mr. Hannon: -- as long as it's stated with the block vote. Chair Russell: Got it. So, so far, just pulling RE.8 and 10. We're not discussing right now the ordinances, the first or second reading ordinances; just the RE -- the resolutions. Vice Chair Gort: (UNINTELLIGIBLE) RE. 7? Chair Russell: Sure. The RE.7 amendment is just adding a "whereas" clause to include the yacht show contribution. This is the FIND (Florida Inland Navigation District) grant -- receiving the FIND -- applying for the FIND grant for the pedestrian bay walk connection under I-395. We just wanted to recognize and mention within the "whereas" clauses that the yacht show's $150, 000 contribution is recognized, that's all. Commissioner Reyes: It's fair enough. Chair Russell: So we're good to take REs. 3, 4, 5, 6; 7, as amended; 8 -- no, I'm sorry, not 8 -- 3, 4, 5, 6, 7, and 9. City of Miami Page 15 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: And 10 is being taken out. Chair Russell: 10 will betaken separately -- Commissioner Reyes: That's right. Chair Russell: --and 8 will betaken separately. So just to start the conversation, is there a motion on RE. 3, 4, 5, 6, 7 -- Vice Chair Gort: Move it. Chair Russell: --and 97 Commissioner Reyes: Second. Chair Russell: It's moved by Commissioner Gort; seconded by Commissioner Reyes. Will the mover accept the amendment on RE. 7; the mover and seconder? Vice Chair Gort: Yes. Chair Russell: Thank you very much. Any further discussion on those items? Hearing none, all in favor, say "aye." Chair Russell: Any opposed? Motion passes. City ofMiami Page 16 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 000141Da: IMW:71►[L7 PHA RESOLUTION 4509 MAY BE DEFERRED City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE HOST CITY AGREEMENT AND THE PARK USE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BY AND BETWEEN THE CITY OF MIAMI, THE BAYFRONT PARK MANAGEMENT TRUST, SOUTH FLORIDA RACING, LLC., AND FORMULA ONE WORLD CHAMPIONSHIP LIMITED, FOR A TEN (10) YEAR CONTRACT FOR THE RUNNING OF THE FORMULA 1 MIAMI GRAND PRIX STARTING IN OCTOBER OF 2018 WITH A FAN FESTIVAL AT BAYFRONT PARK AND COMMENCING WITH FORMULA ONE GRAND PRIX RACING FROM OCTOBER 2019 THROUGH OCTOBER 2029 WITH AN OPTION FOR A FURTHER TEN (10) YEAR EXTENSION AND WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. Item PKI was deferred to the May 23, 2019 Planning and Zoning Commission Meeting. A►Ioxel2:0141[ON:1;W:71►[L7 City ofMiami Page 17 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 I N � N ; &1011 tit1101kiR? RE.1 RESOLUTION 5516 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION and Mayor ESTABLISHING THE CODE ENFORCEMENT TASK FORCE FOR A 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. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City ofMiami Page 18 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 RE.2 RESOLUTION 5510 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING and Mayor 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. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon RE.3 RESOLUTION 5499 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INITIATE THE PERMANENT Commissioners RESTRICTION OF VEHICULAR ACCESS TO THE PORTION OF and Mayor NORTHWEST 7TH PLACE BETWEEN NORTHWEST 32ND STREET AND NORTHWEST 34 STREET, MIAMI, FLORIDA ("NORTHWEST 7TH PLACE") ABUTTING MATER ACADEMY OF INTERNATIONAL STUDIES AND THE CORPUS CHRISTI CATHOLIC CHURCH SPORTS FIELD PURSUANT TO SECTION 54-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SUBJECT TO FINAL APPROVAL OF THE MIAMI- DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS TRAFFIC DIVISION AND CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. ENACTMENT NUMBER: R-19-0122 City ofMiami Page 19 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.3, please see "End of Consent Agenda. " City of Miami Page 20 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 REA RESOLUTION 5496 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF Finance NOT TO EXCEED NINETY MILLION DOLLARS ($90,000,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF MIAMI ("CITY") SPECIAL OBLIGATION PARKING REVENUE REFUNDING NOTE, SERIES 2020 (MARLINS STADIUM PARKING FACILITIES PROJECT) ("NOTE") AND THE COSTS OF ISSUANCE THEREOF; APPROVING THE SELECTION OF THE PRIVATE PLACEMENT PROPOSAL FROM CAPITAL ONE PUBLIC FUNDING, LLC ("LENDER") AND PROVIDING FOR THE DIRECT LOAN FROM AND NEGOTIATED SALE OF SAID NOTE TO THE LENDER; SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE NOTE AND AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, OF A LOAN AGREEMENT, THE NOTE, A FORWARD COMMITMENT, AND ANY AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, CITY ATTORNEY, BOND COUNSEL, FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, FINANCIAL ADVISOR, BOND COUNSEL, BOND REGISTRAR, NOTE REGISTRAR, ESCROW AGENT, PAYING AGENT, AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE ALL NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, ANY AND ALL NECESSARY ESCROW DEPOSIT AGREEMENTS, NOTICES, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE REDEMPTION OF EIGHTY- FOUR MILLION FIVE HUNDRED FORTY THOUSAND DOLLARS ($84,540,000.00) OF THE CITY'S OUTSTANDING PRINCIPAL AMOUNT OF TAX-EXEMPT SPECIAL OBLIGATION PARKING REVENUE BONDS, SERIES 2010A (MARLINS STADIUM PROJECT) ("SERIES 2010A BONDS"); DELEGATING AUTHORITY TO THE CITY MANAGER TO SELECT AND APPOINT THE ESCROW AGENT AND THE VERIFICATION AGENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH; AND PROVIDING APPLICABLE EFFECTIVE DATES. City ofMiami Page 21 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 ENACTMENT NUMBER: R-19-0123 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.4, please see "End of Consent Agenda. " RE.5 RESOLUTION 5485 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of the City ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL Cierk ELECTION ON NOVEMBER 5, 2019 FOR THE PURPOSE OF ELECTING THREE (3) DISTRICT COMMISSIONERS; FURTHER PROVIDING FOR A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 19,2019; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED FOR USE IN GENERAL MUNICIPAL AND RUN-OFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0124 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.5, please see "End of Consent Agenda. " City of Miami Page 22 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 RE.6 RESOLUTION 5483 A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Office of Grants PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI Office of the City PURSUANT TO SECTION 100.3605, FLORIDA STATUTES, FOR Cierk THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019 AND A RUN-OFF ELECTION, IF REQUIRED, ON NOVEMBER 19,2019; DESIGNATING CERTAIN SITES AND A SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-19-0125 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.6, please see "End of Consent Agenda. " RE.7 RESOLUTION 5528 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Grants ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Administration SUBMIT AN APPLICATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED FOUR HUNDRED TWENTY THOUSAND DOLLARS ($420,000.00) FOR THE DESIGN AND PERMITTING UNDER 1-395 - PHASE 1 - PEDESTRIAN BAYWALK CONNECTION ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2019-2020 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA THE REQUIRED MATCHING FUNDS AND NON -REIMBURSABLE ADMINISTRATIVE COSTS IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00). ENACTMENT NUMBER: R-19-0126 City ofMiarni Page 23 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE. 7, please see "End of Consent Agenda. " RE.8 RESOLUTION 5642 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Commissioners THE PROVISIONS OF SECTION 36-4(A) OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AYES: REGARDING THE PROHIBITION OF EXCESSIVE NOISE AND MUSIC AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND THE WYNWOOD CAFE DISTRICT FOR WINTER MUSIC CONFERENCE ("WMC") RELATED EVENTS FROM MARCH 28, 2019 THROUGH MARCH 31, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO EVENTS OCCURING AT 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA ARISING OUT OF OR IN CONNECTION WITH WMC-RELATED EVENTS OR INCIDENTS STEMMING FROM THE EXTENSION OF HOURS FOR ALCOHOL BEVERAGE SALES UNTIL 7:00 A.M. AND/OR WAIVER OF NOISE REQUIREMENTS. ENACTMENT NUMBER: R-19-0127 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For additional minutes referencing Item RE.8, please see "End of Consent Agenda. " Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Hardemon: Regarding RE.8 -- Chair Russell: Yes, sir. Commissioner Hardemon: -- at our -- I believe it was our last meeting that we waived a noise ordinance, and this item is also a waiver of noise -- of the noise ordinance. However, I wanted to add in this resolution the same sort of language that was added in the last, where it's just not a waiver where someone can blast music as far as they chose. What this would do, this amendment that I'm going to City of Miami Page 24 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 propose, is going to only allow it to go as far as 350 feet beyond the boundaries of the Wynwood -- Commissioner Carollo: A radius of 350 -- Commissioner Hardemon: Right. Commissioner Carollo: -- is what you're trying to say, right? Commissioner Hardemon: Right. The range would be 350 beyond the boundaries of the Wynwood Business Improvement District and the Wynwood Cafe District, for the music conference. So basically, I would be modifying the resolution to add another section, and that section would read, "The noise prohibition contained in Section 36- 4(a) of the City Code is waived, pursuant to 36-4(b) of the City Code, and excessive noise or music shall not be plainly audible from a distance not to exceed 350 feet from the boundary of the Wynwood Cafe District for events related to the Wynwood" -- or the Winter Music Conference, to be held March 28, 2019 through March 31, 2019." And before I make a motion regarding it -- Now, this says, "the boundary of the Wynwood Cafe District, " but the heading says, "the Wynwood Business Improvement District and the Wynwood Cafe District. " So I just want a little bit of clarification before we move forward. Is it both? Were they --? I know you spoke -- Victoria Mendez (City Attorney): Yes. The title says both, which is the Wynwood Business Improvement District -- Commissioner Hardemon: Right. Ms. Mendez: -- and the Wynwood Cafe District. Commissioner Hardemon: So I saw a outline of both of them, because they're not entirely the same. So what I'll do is then, in what I just stated on the record, I'll add in, in that section, "the Wynwood Business Improvement District. " So it would be, "the Wynwood Business Improvement District and the Wynwood Cafe District"; that the noise should not exceed 350 feet from those boundaries. And with that modification to the resolution, I would move to approve this resolution. Chair Russell: There has been a motion. Is there -- Commissioner Carollo: Second. Chair Russell: -- a second? Seconded by Commissioner Carollo; accepting the amendments, I assume? Commissioner Carollo: Yes. Chair Russell: Thank you very much. Is there any further discussion on the dais for this item? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Ms. Mendez: Commissioner Hardemon, just as a point, I wanted to thank you for coming up with these radius [sic], because I think it's been very beneficial to making sure that these are helping the residents and the businesses, so just as a point. Thank you. City of Miami Page 25 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: Yeah. And keep that word in mind, "radius, " because there are other ways that I've been seeing the people measure, and you could have a place right across from you that might be 30 feet away, and the way some measure, it might be 400 plus feet the way they measure. So "the radius, " I think, is the way we need to go through -- with fi^om now on in the direct point, right? Commissioner Mardemon: Yeah. I could understand what you mean; front door -- Commissioner Carollo: Yeah, yeah. Commissioner Mardemon: -- blah, blah, blah, blah, blah, yeah. Chair Russell: Thank you very much. That concludes our RE (resolution) agenda. RE.8 RESOLUTION 5642 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Commissioners THE PROVISIONS OF SECTION 36-4(A) OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ABSENT: REGARDING THE PROHIBITION OF EXCESSIVE NOISE AND MUSIC AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND THE WYNWOOD CAFE DISTRICT FOR WINTER MUSIC CONFERENCE ("WMC") RELATED EVENTS FROM MARCH 28, 2019 THROUGH MARCH 31, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO EVENTS OCCURING AT 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA ARISING OUT OF OR IN CONNECTION WITH WMC-RELATED EVENTS OR INCIDENTS STEMMING FROM THE EXTENSION OF HOURS FOR ALCOHOL BEVERAGE SALES UNTIL 7:00 A.M. AND/OR WAIVER OF NOISE REQUIREMENTS. ENACTMENT NUMBER: R-19-0127 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: I'm going to clean up a little bit from the morning's agenda. There's one item, but there's one I'd like to reconsider, with Commissioner Mardemon's permission. It was RE.8. I was assured there was some wording that would not have unintended consequences, but I've been advised that it does, and I was looking for an amendment under reconsideration that would make a simple change, and this was the noise ordinance waiver; the noise waiver for Wynwood. And I was just looking for an amendment for the words, "until 5 a.m. " to be changed to, ' for an additional two hours above what is otherwise legally permitted. " That's what the Zoning City of Miami Page 26 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Administrator advised would not cause the unintended consequences. Is that something we'd be open to? Commissioner Hardemon: Can you help me understand what technicality has been discussed? How is the "until 5 a.m.," or "extended for an additional two hours," how is that -- are they the same or are they different? Joseph Ruiz (Director): Good afternoon. Joe Ruiz, Office of Zoning. It's just a minor technicality. There may be some alcohol service establishments already within the Wynwood Cafe District that are allowed to operate until 5, so this would allow them to operate an additional two hours. Commissioner Hardemon: Beyond 5 a.m. to 7 a.m.? Mr. Ruiz: Yes, sir. Commissioner Hardemon: Why would we allow that? Mr. Ruiz: That would be up to you, sir. Chair Russell: Breakfast drinks? The logic is that these establishments had been paying for a very specific license, allowing them 5 a.m., giving them an advantage over their competitors, and by leveling the playing field, they've lost that competitive advantage during this important week, which is a big part of their business, which is their argument -- their request; that if everyone else is given an additional two hours above their normal 3 p.m. -- 3 a.m. -- that they be given the additional two hours above their normal 5 a.m. That was the only request. Commissioner Hardemon: And I understand that logic. I'm sure they pay -- well, let me ask you a question first. So everyone who has a liquor license who -- their license says that they can't sell liquor beyond 3 a.m. Is it only a matter of payment for them to be able to operate until 5 a.m., like this other organization that was stated on the record? I'm going to clear it up for you. You have two organizations. Both of them sell liquor. One license says that he can sell liquor until 3 a.m. The other one says that he can sell liquor until 5 a.m. What gives one that ability to pay - - I mean, to sell an additional two hours versus the other? Is it just a matter of paying the State, or whomever it is, for that additional two hours, or is there something else that keeps them --? Mr. Ruiz: No, sir. There is a 3 a.m. cutoff in the Cafe District. To be able to operate until 5, it has to go through the exception process. Commissioner Hardemon: So what organizations would be -- what type of organizations -- because I -- this amendment -- the resolution was regarding the Wynwood Cafe District and the Wynwood BID (Business Improvement District) District. So I'm trying to understand, then, what organizations would be prejudiced by them going to 5 a.m. and them not -- and the other group not being able to extend past 5 a.m.? Mr. Ruiz: I won't speak as to the rationale, but if you have some establishments that are only allowed to operate until 3 and now they can extend to 5, and you have some that have gone through the exception process, as the Commissioner said, you know, it kind of -- there's an equal playing field, so you should allow the other people to extend an additional two hours to be able to operate till 7; purely a policy decision. It's just -- City of Miami Page 27 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: No. So I'll tell you what my concern is. My concern is really about safety. You know, there's always been this logic that I've heard from time to time about if you stop selling liquor at 3 a.m., then people have an opportunity to sober up by the time those of us who leave their homes at 6 a.m. are on the road. Now, I know that there are 24-hour club zones, et cetera. I would imagine that they sell liquor for 24 hours. I'm not sure. I haven't had the opportunity to really experience it; maybe I should. However, clearly, if someone still -- the last drink is served at 7 a.m., that's beyond 3, which we normally have; beyond 5, which is what we're extending for other people that these other organizations normally have; and now till 7 a.m. What my concern is about is the safety ofpeople who live within the area that aren't necessarily drinking until 7 a.m., but are trying to commute from one place to the other; not saying that these bars, or whatever they may be, would allow them to drinkpast -- would continue to feed them drinks if they believe that they are -- they had drinks past their capacity but that's -- I understand the equal playing field by saying that they had an additional two hours, but it's almost like a square is a rhombus, but a rhombus is not a square type -- whatever that saying is -- because I'm worried -- and Mr. Chairman, and this is part of -- I'm worried that by giving an additional right from 5 to 7 that that may be a step -- one step too far. I don't know what organizations this may be. I don't know how they apply in these circumstances, but if you're already going to 5 and we're trying to extend the life of this thing to 5 a.m. to give just that area, because -- I mean, then why not extend everyone to 5 a.m. by that logic? Everyone who's within District 5 that wants to extend their -- or throughout the City of Miami -- that wants to extend their hours for the benefit of the Winter Music Conference, extend till 5 a.m. I think that would be a better fairness argument than maybe one organization, because if you give it to this one organization, why not all of them? So -- Chair Russell: Commissioner, if I could clarify a little bit, and this was brought to my attention by the Executive Director of the BID, as he helps to try to keep all the different businesses getting along and such. Apparently, the 3 a.m.'s are typical bars and restaurant type of things. They can serve alcohol till 3. The 5 a.m. was a license -- this particular business -- I'm not even familiar with the name of the business -- but they're on my district side of the Wynwood BID, but they are a nightclub, and they've held this license for some 15 years, or something like that, that they hadn't activated until they finally were able to open up, but they paid all this time to hold this 5 a.m. nightclub use, which is different, because they're meant to be -- they're like an EDM (electronic dance music) type of dance club; and so, they operate right up until 5. And so, for them, they're saying this is their niche; this is the -- when they normally operate until 5, this is their crowd, and that by everything they've invested in for having that license is sort of -- they lose that advantage. But I hear what you're saying about the safety concern. I -- you know, I'm open to the will of this body. I was looking at it from a business perspective of fairness. Commissioner Hardemon: Has this organization ever been open for business? Chair Russell: I don't know the answer to that. I don't know if the Executive Director of the BID is here to speak on the item. I haven't seen him since this morning. But I'd understood this had been taken care of administratively so that they were able to, but once we passed the item, I was advised that it was not, so I was just looking for reconsideration. Commissioner Hardemon: The -- I mean, I'm willing to hear from the Wynwood BID Executive Director later on if we're still -- I think we'll still be here for quite some time, so if you want to hear from him later on, then I'll be willing to hear what he has to say about it, because, I mean, if it's a tried and true organization that really hasn't had much concerns for the neighbors and et cetera, then maybe this is something we City of Miami Page 28 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 can do. But right now, I don't know -- you know, I don't know who or what we're describing here. Chair Russell: I'm glad to table it. Commissioner Mardemon: And I'm not someone who -- you know, I don't know -- it doesn't bother me how you make your money, you know. It could be one type of club versus another type of club, you know; that doesn't matter to me. But we just want to ensure that things don't go too far in granting this sort of extension of time. Chair Russell: Thank you. We'll table the item. If someone could reach out to Mr. Gonzalez, that'd be great. I'm sure someone in the Administration can reach him. And that is -- RE.8 RESOLUTION 5642 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Commissioners THE PROVISIONS OF SECTION 36-4(A) OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AYES: REGARDING THE PROHIBITION OF EXCESSIVE NOISE AND ABSENT: MUSIC AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND THE WYNWOOD CAFE DISTRICT FOR WINTER MUSIC CONFERENCE ("WMC") RELATED EVENTS FROM MARCH 28, 2019 THROUGH MARCH 31, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO EVENTS OCCURING AT 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA ARISING OUT OF OR IN CONNECTION WITH WMC-RELATED EVENTS OR INCIDENTS STEMMING FROM THE EXTENSION OF HOURS FOR ALCOHOL BEVERAGE SALES UNTIL 7:00 A.M. AND/OR WAIVER OF NOISE REQUIREMENTS. ENACTMENT NUMBER: R-19-0127 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: If I could bring our attention back, we have -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: -- the Executive Director of the Wynwood BID is here to address any questions that Commissioner Hardemon had in his consideration of reconsideration for RE. 8. City of Miami Page 29 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Manny Gonzalez: Manny Gonzalez, Wynwood BID, 2751 North Miami Avenue, 33127. Commissioner Hardemon: Thank you, sir. Can you make plain the facts that undermine the request to extend to 7 a.m.? Mr. Gonzalez: Yes, sir. Basically, what happens is there are two establishments in Wynwood that are grandfathered to sell alcohol until 5 a.m., 365 days a week. One of these establishments submitted a special event application, basically stating that they needed to go until 7, for consideration, because now everybody is going to be on their level playing field of 5. So two days ago, basically, I was approached by property ownership and they said, "Look" -- that there was unresponsiveness on the special event side, and if I could help reach out to the Commissioner on the side that's responsible for that property for assistance in getting this two-hour extension, in light of not hearing anything. So this is how this all came about. It's basically one establishment. The other one is on the other side of North Miami, but they're just asking, "If you're going to grant two hours to 91 special events, we're just asking to also be granted two additional hours." That's how this all came about. Commissioner Hardemon: Are -- these businesses, do they operate today? Mr. Gonzalez: They operate today until 5 a.m.; yes, sir. Commissioner Hardemon: But when -- I understand what the permission is, but are these open businesses? Like, are these businesses that are open? They were open last week, the week before that, where people can go in and actually --? Mr. Gonzalez: As a matter of fact, to hold that grandfather status, they were paying for 16 years, just to hold that. So they're open; yes, sir. Commissioner Hardemon: No, no. So -- no, no. I want to make -- I want to be -- There's a difference between opening your doors for a day in the week to, say, open for -- Mr. Gonzalez: No. They've been open for years. This is a big establishment. This is a massive entertainment venue, and it's run by a well-established event organizer. Commissioner Hardemon: Can we know the event, the place? Mr. Gonzalez: The establishment is called Wynwood Factory. That's how it was submitted on the special event application to the City. Commissioner Hardemon: Does anyone know Wynwood Factory? I mean, have you ever been to Wynwood Factory? Mr. Gonzalez: Sir, I have a five year-old. I don't party like that no more, man. Commissioner Hardemon: Okay. The -- no. So part of my worry about this is that I think it's a little bit disingenuous to say that other businesses being open till 5 a.m. equates to another business that's grandfathered in to be open till 5 a.m., 364 days -- or 5 days a year. That's -- it doesn't come off as fair. I can understand they want to extend for an additional two hours, but -- Are they within the Wynwood BID? Mr. Gonzalez: They're within the Wynwood BID, yeah; Cafe District and Wynwood Business Improvement District. And Commissioner, also, this is like their Super Bowl, because it's a EDM (electronic dance music) establishment. So they're paying a higher rate, like, because they're going until 5, and then -- City ofMiami Page 30 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: I don't understand that. Help me understand that -- Mr. Gonzalez: Yes, sir. Commissioner Hardemon: -- whole 'paying a higher rate," because when someone says they're grandfathered in, to me, they have a benefit that other people don't have, so other people are excluded. I'm sure that if a business wanted to go to -- if they could just pay to go to 5 a.m., they would. Mr. Gonzalez: Of course. Commissioner Hardemon: Everybody would. Mr. Gonzalez: But there's a premium to be one of, you know, 400 businesses that only has one thing that nobody else has. Commissioner Hardemon: Right. But obviously, they make -- Mr. Gonzalez: So the rents cost -- Commissioner Hardemon: -- good -- I'm sure they make good money from it; otherwise, they'd just say, "Let's just go to 3 a.m." Mr. Gonzalez: Right. But for Super Bowl week, what then happens is now they're banking on, "Hey, you know, we're going to be 5 a.m. Everyone is 3," and then this extension happens, and then they're in -- they're stuck between a rock and a hard place. Ms. Mendez: So I just wanted to clam. These establishments don't have a hard close. They could stay open; it's just the serving of alcohol? Mr. Gonzalez: Correct. Ms. Mendez: Okay. I just wanted to clam that for the record, because it makes it sound like if they have to shut down at 3 or at 5, or they -- Commissioner Hardemon: What point are these -- I just want -- help me understand. What kind of establishments are we talking about then? Are these adult entertainment places? Mr. Gonzalez: Oh, no, no. This is like a -- Commissioner Hardemon: I mean -- Mr. Gonzalez: -- this is like -- Commissioner Hardemon: -- at least they're adult entertainment places, you know. Mr. Gonzalez: No, no. This is like a -- Chair Russell: Nightclub. Mr. Gonzalez: -- EDM club. Chair Russell: It's a nightclub. City ofMiami Page 31 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 Mr. Gonzalez: A nightclub, and it's literally bordering the tracks, so it's well contained. It's not in the middle of everything. We check it every morning to make sure that it's clean and everything, and they're respectful. Commissioner Hardemon: What time do they open for business? Mr. Gonzalez: I couldn't confirm. I would think, you know, evenings, as a club would do; 9 o'clock, you know, 10 o'clock. I don't know. Commissioner Hardemon: Are they here? Mr. Gonzalez: Give me a second. Yes, sir. Here's one of the property owners. Commissioner Hardemon: You're letting us talk in circles around your property and you're here? Ron Blomberg: Well, I was here on an unrelated issue earlier -- Commissioner Hardemon: I remember. Mr. Blomberg: -- before this one, yes. Commissioner, my name is Ron Blomberg. I'm the principal of an entity called the Automatic Slims Club. Commissioner Hardemon: The Automatic what? Mr. Blomberg: Automatic Slims Club -- Commissioner Hardemon: Okay. Mr. Blomberg: -- LLC (Limited Liability Company). I'm the fellow who has maintained the special use and the reservation for the 5 a.m. liquor status on this property since 2011; came before the PZAB Board, got this approved, and through a series of delays, we were not able to get the operation open, but nonetheless, extended the building permits, as well as the PZAB, as well as the special use to maintain 5 a.m., even before the Wynwood BID was created. The entity that is operating -- now, this is a DBA (doing business as) -- is the Wynwood Factory. Commissioner Hardemon: Okay. Mr. Blomberg: And my partner, who is in the Wynwood Factory, is here also. He may want to field some questions. I, like Mr. Gonzalez, have a young child at home, and I'm not at my own establishment, you know, when it's operational. But it has -- to answer some of your questions that I was listening to, we have main -- we've done the proper applications. We have gone through the public hearing process. We have maintained the building permits. We have built the establishment out to Code, and maintained supper club status. And that was -- that has become particularly important, and, of course, valuable, in that when the Wynwood BID was created and the Cafe District was created, it set a hard alcohol cessation at 3 a.m. Commissioner Hardemon: Okay. Mr. Blomberg: And so, that was one of the reasons, as a business person looking at the opportunity, I continued to fund and try to hold onto this particular property, and comply with all the various requirements, which I can share with you are quite arduous and -- you know -- to go through all those processes. And we've been successful. We finally were able to get there. And from a timing perspective, as this -- as the Wynwood Factory has now come online in the fourth quarter of 2018, and City ofMiami Page 32 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 coming into the Winter Music Conference this year, we were very much looking forward to having those extra two hours of operation as a competitive edge, and the reason we've supported these licenses for these many years. And so, when the policy has been brought forth to give not only the cafe operators who are within Wynwood already, but special events that are in warehouses or other establishments that are not even necessarily licensed for supper clubs or restaurants or bars, the same latitude to stay open until the same 5 a.m. timeframe, we felt it was unfair to us, and we had simply requested that equal treatment be accorded [sic] to the same two- hour treatment that people that are going to be going -- closing their operations; many of them closing on Monday or Tuesday of next week, and never coming back or maybe -- may or may not be coming back. But we're here paying taxes. We're here operating our establishment several nights a week. We've complied to the letter. We've spent a lot of time here at the City being in compliance, and we felt it was an equitable request for these four days. And we will continue to be here after Winter Music Conference, and we will roll back to the 5 a.m. hard cessation of alcohol service at that point in time. And if there's latitude for future special events, whether it's during Art Basel, or whether it's during Winter Music Conference of next year, we're going to -- we would like to ask for the same thing. We can see how it goes. But that's from the business perspective, from the operations perspective to the compliance perspective, just a postscript. That was the request. We thought it was fair, and we would certainly greatly appreciate your consideration of that fairness factor. Commissioner Hardemon: Well, first I'd like to thank you for coming before the lectern to speak to us, because it's always important to really understand what the logic is, and what was stated earlier on the record was not logical to me. It just did not make sense to me. You maintain a competitive advantage throughout the year. Mr. Blomberg: Well, we've been -- Commissioner Hardemon: You pay for it -- Mr. Blomberg: Yes, sir. Commissioner Hardemon: -- but it's worth paying for. Mr. Blomberg: Yes, sir. Commissioner Hardemon: You stated that on the record -- Mr. Blomberg: Yes, sir. Commissioner Hardemon: --because it continuously puts you in the position to have that advantage. And I can understand why you would want an additional two hours. I don't necessarily agree that it puts you in an aggrieved position, but I would understand why a business owner would want an additional two hours during this sort of week. You make a lot more money. There are many organizations, for instance, that have concerts, et cetera, that ask for additional alcohol -serving hours. I've never seen these hours extended to 7 a.m. I -- personally, I have never seen it. If there was probably notice about this sort of issue, I would imagine that lots of constituents would come here and say, "We don't want someone continuously serving alcohol till 7 a.m. in this area"; that's what I would imagine. That does not mean that that comes to fruition, but that's just how I see things. And so, safety of the individuals that not only visit your space, but also live near or are traveling through those areas is of grave concern to me; and also, the liability that it could put on the City of Miami, because we understand that when we extend these hours, if someone would want to sue a fine gentleman like the one that's sitting behind you, who was a City ofMiami Page 33 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 former elected official and is a lawyer, very skilled at that, wants to sue the City of Miami because of its extending the additional hours from 3 to 5 a.m., I'm sure he could find good reason to show that this was an exception that should have been thought about, and the City has some sort of liability if there is something that happens because of this extension of rights. And so, we take that risk to going to 5, but when -- it's mitigated against the fact that there's still a drying up time for individuals before, say, 7 o'clock. Here, where you're asking us to extend to 7 a.m., now, where most students are already on their bus stops to not necessarily -- during this time, most students are already on their bus stops, trying to get to school. Most parents are already on their way or dropping the kids to daycare and trying to get to work, et cetera. So it puts us in a very unique position, and, you know, I'm -- I -- you know, I don't want to be anti -business in this sort of aspect, but I also want to be able to protect not only the people who live in the City of Miami, who work in the City of Miami, who travel through the City of Miami, but the residents who live there. And so, you know, I'm -- the only way that I see myself being open to something like this for this first time to see if it's something that could work is if the City was indemnified from any accident that would occur from anything that happened at your space or left from your space, like the -- basically, facts that leave from your space between 5 a.m. and 7 a.m. If you would indemnify us from any sort of lawsuit that comes from there, I wouldn't have a problem moving forward with that. Chair Russell: Commissioner, could I get a clarification from our Planning Director? We have other establishments with 24-hour alcohol sales use? Francisco Garcia (Director, Planning): In limited areas, yes. Chair Russell: We do. About how many? Mr. Garcia: The number of actual establishments? Because the area itself is limited to what we call the Entertainment Center. Chair Russell: So (UNINTELLIGIBLE) space (UNINTELLIGIBLE)? Mr. Garcia: Precisely; that particular area, yes. Chair Russell: So at 7 a.m., they're serving mimosas and Bloody Marys -- Mr. Garcia: May very well be. Chair Russell: -- or whatever, going right on into brunch. Commissioner Hardemon: (UNINTELLIGIBLE). Mr. Garcia: Don't knowfor (UNINTELLIGIBLE), butpossibly. Chair Russell: So my wonder -- because this is a very logical concern of liability. So my question is, are we already doing this? And so, in a sense, have we set a precedent where we are not creating a special circumstance here to which we could be liable? Mr. Garcia: Well, I will chime in to say that in very specific areas, and those areas have been selected because they comply with a series of requirements. So it's something that we like to have few and far between of. Ms. Mendez: So if I may -- I'm sorry, Mr. Blomberg. But do you have -- is your establishment one of those hard closed locations that you have to close at 5? City of Miami Page 34 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Blomberg: No. It's -- Ms. Mendez: Were you granted your licenses pursuant to a special resolution? Mr. Blomberg: It's a -- well, it's a 4COP (Consume on Premises) that has a hard alcohol stop at 5. Ms. Mendez: At 5 a.m.? Mr. Blomberg: That's correct. Ms. Mendez: Right. Which -- but do you also -- does that mean -- then that means, different from other places, that you have to close your doors? Mr. Blomberg: Not my understanding that we have to close the doors. It's my understanding that alcohol needs to be -- Ms. Mendez: All alcohol needs to stop; thatpeople can't -- Mr. Blomberg: Alcohol needs to stop. Ms. Mendez: -- stay there sipping whatever they buy at 5? Mr. Blomberg: What the practice has been since we've been open is the lights -- the music stops at 4:30 a.m. The lights go on. The staff goes around and physically requests or takes -- removes alcohol from people's hands and replaces it with bottles of water, and, you know, it's a half hour to do that. And we have had site inspections by Code Compliance, by the Police Department, and we've been in compliance every time they've been out. And we've been acutely aware of that, and we've been compliant with that. We don't want to at all jeopardize what we clearly understand is something we've preserved; and certainly, quite frankly, a privilege. But Commissioner, I would also mention to you -- when you mentioned that we ostensibly make more money by staying open for two hours, more or -- The answer is, 'yes, " but I would also perhaps have you view this or think of this a different way. By granting dozens of establishments the right to stay open till 5 a.m., we're not making; we're losing money by taking away the competitive edge that we have paid for, and played by the rules with the City. And those rules are -- the bar is set very high. You know, it's -- once again, I think it's an issue for us. What message are we sending to people who want to come in here and lay down roots -- I mean, you know, roots that are going to be here for years or decades to come -- when you set forth a platform that people from the outside, people from outside the neighborhood, outside the County, outside the State can come in with a nominal permit and lobby the Commission for special events, hire some caterers, and open up, and be able to serve until 5 a.m., pack everything up, and leave? And their indemnifications, quite frankly, are worthless. Theirs are worthless; ours have value. And so, you know, while I certainly appreciate what you're saying -- and I'm not -- I'm here, un- attorneyed [sic], if you will. And so, I'm not quite certain -- I understand, of course, as a businessman, what indemnifications are and what that would be, and we could certainly get into some of that, but, you know, the parties who would be the arbiters of any problem that could, you know, arise out of that, how do you distinguish that between events such as Ultra that are happening on Key Biscayne or the 24-hour districts that are already open or -- and it's my understanding, and I'm not quite sure where, but there's been another 24-hour special permit license granted someplace else. So, I mean, I'm certainly happy to address it, but I think what I'm striving for most, as a business person on Miami Beach, is an even playing field. And -- City of Miami Page 35 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: Miami Beach certainly hasn't been fair to anyone. Miami Beach certainly isn't going to be fair to anyone wanting to sell alcohol -- Mr. Blomberg: Miami Beach. Commissioner Hardemon: Miami Beach. Mr. Blomberg: There's a reason I'm here and not Miami Beach. Commissioner Hardemon: I know this. I know this. Mr. Blomberg: There's a reason why we're here. Commissioner Hardemon: I know this. And I don't believe that even Ultra is selling alcohol to 7 in the morning. Ms. Mendez: So Ultra indemnifies us, so bad example. Commissioner Hardemon: And then -- Ms. Mendez: Ultra indemnifies us for everything. Commissioner Hardemon: So -- Mr. Blomberg: (UNINTELLIGIBLE) mentioned, unarmed with attorneys here, but -- Ms. Mendez: Right, right, right. And then, on the 24-hour District, there's police officers everywhere, so it's a little more controlled. You're easily able to get a DUI (driving under the influence) faster. Commissioner Hardemon: But I under -- Mr. Blomberg: And that's imposed on us for off-duty or private security services, or some type of measure that may assuage some of your concerns. Commissioner Hardemon: So I -- you know, it -- you kind of put me in just a precarious situation. Mr. Blomberg: Unintended. Commissioner Hardemon: I believe that. I believe that. And part of it is because no one knew about this. I didn't know about this, so residents didn't know, necessarily, about the issue. Mr. Blomberg: And very late. Late. Commissioner Hardemon: So I -- we don't have that chiming in. I think you're obviously very capable at what it is that you do, but you're asking me to do something, and it's --you know, the measure passed, so this is a motion to reconsider it. And the Chairman can ask for a motion --for this to be -- I mean, technically, right? Technically, if he asked -- if he moved for a motion for reconsideration and he had a second, there's no debate about it. We'd just -- we could -- we go into that vote. And if that vote passes, then we go and we reconsider the item. Here, we're kind of talking about whether we should, and part of it, I think, is just because the Chairman wants -- he really wants buy -in, necessarily, from us; we're neighboring districts. And it is -- this is perfectly within his district -- it'd probably have been more appropriate to have this, though, properly noticed so that people who come in City of Miami Page 36 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 would understood [sic] what was going to come about, so that's part of the reason why I'm saying, look, you know, an additional two hours in an area that's not accustomed to that, the -- never minding what event is coming to us on this weekend, having an indemnification may be a good thing, because it's just something that we just don't do necessarily in this space at any other time. Are you having any special talent that's -- that you're using to attract people to your space? Mr. Blomberg: The answer is, 'yes." And again, I have a -- my management partner is here, and he could articulate those details a lot deeper than I. If you don't mind, I'll hand the floor to him. Thankyou, Commissioner. Louis Puig: Commissioner, Louis Puig. First of all, your safety concerns. We're in an industrial zone. It's all warehouses. There's no residential. City of Miami Beach extends their liquor license -- their liquor service till 7 a.m.; they've been doing it for years. During -- Commissioner Hardemon: Not during -- what do you call it? -- Urban Beach Weekend though. Mr. Puig: -- Ultra Music Week or Miami Music Week, they also extend it to 7 a.m. Another permit was granted to another establishment, which is a 24-hour permit, a non permitted, outside the 24-hour zone, which I actually start. Commissioner Hardemon: What's that? Oh, the zone. Mr. Puig: So I'm an expert on alcohol sales, and I'm an expert at after-hours alcohol sales, all right? So as far as indemnifying the City, I see no problem with that, and I think it's very reasonable. Commissioner Hardemon: Well, I appreciate that. Mr. Puig: And we have no problem with that. Safety concerns, like I said, there are no residential homes around; it's all industrial. Commissioner Hardemon: Okay. Mr. Puig: Okay? And yes, we are -- we have invested close to a quarter of a million dollars in artists to come and perform at this venue. Commissioner Hardemon: So they'll have a reason to come to your space versus -- Mr. Puig: Please. Commissioner Hardemon: -- any other space. All right. Mr. Puig: Thank you. Commissioner Hardemon: Mr. Chairman, considering the fact that his partner was [sic] willing to indemnify us for those additional two hours, I don't mind giving it a try to see if it works. Chair Russell: Thank you. I'll take that as a motion to reconsider, and the ask is an amendment, including your original amendment that you made, but this would change the words, "until 5 a.m." to the words, 'for an additional two hours above what is otherwise legally permitted. " Is that satisfactory? City ofMiami Page 37 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: Not necessarily. I want to make sure that this organization at that space has an additional two hours. So whatever the amendment would require, it would -- whatever the modification is, it would be that this organization, as described on the record, has an opportunity to operate an additional two hours, and in those two hours, would indemnify the City of Miami from any suit that could come from operating during that time. Ms. Mendez: Right. So this is starting today, no? Right. So are we going to draft this now? Chair Russell: Yes. Commissioner Hardemon: I mean, that's the modification. Ms. Mendez: It has to be with -- because an indemnification, we'd have to like kind of do this now. Commissioner Hardemon: Oh, okay. Ms. Mendez: So what attorneys are you going to bring over so we can get this done? Commissioner Hardemon: I'm sure you got some attorneys on speed dial. You got it. Chair Russell: Right. If the indemnification doesn't get done, then it doesn't happen, so. Commissioner Hardemon: Right. Chair Russell: We will write our -- pass our item with the amendment, and then it's up to them to work with you to get ready by tonight. Ms. Mendez: Okay. Commissioner Hardemon: So --yeah. Chair Russell: And if they don't, it'll be tomorrow night, so thank you. I appreciate that. There -- so we need a motion here for reconsideration first. Commissioner Hardemon: Motion. Chair Russell: Moved by Commissioner Hardemon; seconded by the Chair. Any discussion on that? Commissioner Hardemon: No discussion. Chair Russell: Thank you. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: That motion passes. Taking up RE.8 once again with the amendments. Is there a motion for that? Commissioner Hardemon: I move it the way that I described it on the record just a few seconds ago. City of Miami Page 38 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you very much; seconded by Commissioner Gort. Is there any further discussion on that? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much for your consideration, and that brings us to the close of the morning's agenda at 6: 46 p.m. RE.9 RESOLUTION 5632 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset ACCEPT, PURSUANT TO A SPECIAL WARRANTY DEED Management ("DEED"), IN SUBSTANTIALLY THE FORM ATTACHED AS "B," EXHIBIT ATTACHED AND INCORPORATED, CERTAIN REAL PROPERTY LOCATED AT 770 NORTHWEST 41 AVENUE, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("SUBJECT PROPERTY"), FROM MENGAR HOLDINGS AT 709, LLC ("GRANTOR") TO THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE DEED. ENACTMENT NUMBER: R-19-0131 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifre do (Willy) Gort, Commissioner SECONDER: Mano to Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item RE.9, please see "End of Consent Agenda. " City of Miami Page 39 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 RE.10 RESOLUTION 5656 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND Office of the City THE RETENTION OF HUNTON ANDREWS KURTH LLP AS LEGAL Attorney CONSULTANTS TO WORK IN CONSULTATION WITH THE CITY ATTORNEY AND TO PROVIDE SUBJECT MATTER EXPERTISE ON NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND FREEDOM PARK LLC; ALLOCATING FUNDS FROM THE NON - DEPARTMENTAL LEGAL SERVICES ACCOUNT NO. 00001.980000.531010.0000.00000. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.10, please see "End of Consent Agenda. " Chair Russell: We'll take up RE.8, please. Commissioner Hardemon: I don't want to do RE8 right now. Chair Russell: You want to hold it? Commissioner Hardemon: Yeah. Chair Russell: Thank you. We'll take up RE.10, please. Commissioner Reyes: Okay. I have some -- Chair Russell: If I could get the Administration to -- Commissioner Reyes: Yes, sir. Chair Russell: -- present the item, and then we'll open the dais for comments, please. Emilio T. Gonzalez (City Manager): Good morning, all. Chair Russell: Good morning. Mr. Gonzalez: A couple of meetings ago, we were -- I'm sorry. A couple of meetings ago, we were directed to come back to this board were we to need outside legal or consulting work. As a result of those instructions, I've been working with our City Attorney and her staff to find the most appropriate, experienced firm that we could that specializes in these types of activities; that is to say, sports facilities in the United States. We've identified that firm. We have had conversations with that firm. Our City Attorney's Office has done due diligence on other firms, and we both agree that retaining this particular firm, Hunton Andrews Kurth, would be in the best interest of the City. In fact, I would posit that as we enter into greater negotiations that it would be probably not in our best interest not to hire a firm like this. So it is with that in mind that we come back to you for the approval that you have directed City of Miami Page 40 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 so that we could begin earnest negotiations and be able to comply with the requirements that we get something back to the Commission by September. Chair Russell: Thank you. Is there a motion on RE. 10? Commissioner Reyes: Wait a minute. I have to -- I have some questions about RE.10. Mr. Gonzalez: Yes, sir. Commissioner Reyes: Sir, according to what I heard, the information that you provided us is that they are very much, I would say, experienced in sec -- in stadiums. How about real estate? Because this is not a stadium. I mean, let's not -- I mean, let's tell the public what this really is. It is not building a stadium. It is development; a massive real estate project on Melreese. Mr. Gonzalez: Sir -- Commissioner Reyes: It's what it is, okay? And what is their expertise in that type of real estate development? Because we are -- you're treating this as it is only the development of the so-called soccer stadium -- or Beckham Stadium, now that -- now there's a -- must be given a different name, because he only owns 10 percent of it. Chair Russell: Thank you, Commissioner. Madam City Attorney -- Mr. Gonzalez: If I -- may I respond to the Commissioner, please? Chair Russell: Of course. Mr. Gonzalez: Sir -- Chair Russell: I just wanted to include the City Attorney, as well, as I believe she did the vetting of this particular -- Mr. Gonzalez: Yes, sir. No, I want to respond to the Commissioner -- Chair Russell: Yes. Mr. Gonzalez: -- and I understand his point. All stadium deals are inevitably real estate deals, sir. We have --and I was looking around --the individual that, should you allow us to move forward on this, would actually be leading the Hunton team -- Commissioner Reyes: Also -- Mr. Gonzalez: -- and he'll be able to answer in greater detail if you so desire, and then I'll pass over to the -- Commissioner Reyes: -- I have a question for the City Attorney. We have passed numerous resolution. The State of Florida has also had passed -- has a resolution also, and a legislation that prohibits anybody that do services or investments in Cuba to do business with the City of Miami. And I'm passing this out, and I don't want to sound like I am just trying to -- I have anything against Hunton. But since we have in our books, since we have a bunch of resolutions, I want them to be either used or be taken out of our books, you see? And I just wanted -- I want the City Attorney to look at all these resolutions and the legislation, the State res -- legislation, and determine if it applies, because according to this here, it said, "Hunton. Cuba. Additional financial transactions and business presence in Cuba City of Miami Page 41 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 for certain US (United States) business authorized." That means that they are authorized by the Cuban Government to go and assist and guide anybody that wants to do business with Cuba. And those -- these resolutions that we had passed in the past, in 2007, 2000 -- as soon as -- I mean, as late as 2014, I think that precludes them from doing business with taxpayers' money, City of Miami taxpayer -- receiving taxpayers' money. This is all resolutions. I'm not inventing anything. And this is their advertisement. I'm not making anything up. I'm not doing any -- I mean, inventing anything, also. The State of Florida, Florida Statute -- it is Chapter 215. It says -- 215.47 -something. (UNINTELLIGIBLE) prohibit investments, it specifically says that anybody that is doing business or providing services with countries as Cuba should not be receiving any taxpayers' money. Chair Russell: Trades or -- trades, any goods or services with Cuba. Commissioner Reyes: That's right -- Chair Russell: That's under -- Commissioner Reyes: -- trades, goods or services. And this, according to -- in my opinion, because -- excuse me, I'm not an attorney -- but `provide advice" is a service. Chair Russell: Fortunately, we have one. Madam City Attorney, have you vetted this firm to represent the City of Miami, and have you studied what Commissioner Reyes is referring to? Victoria Mendez (City Attorney): So based on their experience, they are experienced and can provide the City of Miami with the appropriate consulting, which is what we wanted to do for them to be a part of the team. However, Commissioner Reyes raises some sound points that right now, on its face, looks like it would be a problem, because the corporation, the -- Hunton does deal and provide advice in Cuba. However, they're here to speak. They could tell us what their -- what they do or do not do with regard to services in Cuba, and then we can appropriately review everything and see if there is an issue or not. Chair Russell: Thank you. When you say, "on its face, " you're seeing this -- you haven't done research on your own as -- Ms. Mendez: I -- Chair Russell: -- to what their involvement is? Ms. Mendez: Right. So this is what we have found, but we haven't. So some of it may be dealing with financial institutions; some may not. Some may be dealing with State issues; some may not. And then we do have our own resolutions that say about investments. So it's just not exactly clear right now. On its face, when you look at it, it looks like it would be a problem for us to do this right now, but -- Chair Russell: Well, either we're going to be legally precluded from working with them, or we won't. I don't know that it's a perception issue. Ms. Mendez: Right. And -- Chair Russell: It's a legal issue. Ms. Mendez: Right. So that's -- I'm not fully -- City of Miami Page 42 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Got it. Ms. Mendez: Right. Chair Russell: Commissioner Gort. Vice Chair Gort. The other questions I asked the other day during the meetings [sic], their transactions, as I read through it, I seen all the transactions they've done in stadium, but I'm sure this is a completely different deal than whatever they've done before, because I'm sure they did not build 100 -- one million square feet of office, a hotel with 750 rooms, a shopping center, and so on. So I want to make sure, because the calculation for the benefits, they're a lot different than just being a park. Chair Russell: Is a representative of the firm here; like to address the dais? Commissioner Carollo: If -- Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you, Chairman Russell. Look, before we even get into this particular issue, which I think has a lot of merit, and it not only brings up resolutions that this body has made in the past, but State of Florida resolutions also, by our Legislature. I want to bring something up that will cut through the chase here. What Commissioner Reyes stated -- and what we all know, so let's not play around with this -- the bulk of what this project entitles [sic] is commercial in nature; not sports oriented in a stadium that's going to be built. What's going to bring the main revenue to the City is the components of a mall, the components of hotel rooms, components of office space; lastly, parking for all these three components that I mentioned. The smallest portion, the very, very smallest portion that's going to bring revenue to the City out of this deal is the stadium park. If we wanted to cut out 10 acres and have them build a stadium, we could do this in a matter of days, frankly. It's a very easy deal to put together and negotiate. I, for one, do not feel comfortable at all in bringing a firm whose main area of expertise is not going to be in the areas that I mentioned; commercial real estate, as in malls, hotels, office building. So they have whatever experience they might have on stadiums. This doesn't impress me, because this is not what we need here. Secondly of all, I believe that so that no one points a finger to anyone, to the Administration, to us, that anyone is trying to put in a firm here that's going to be biased and tilted to one side of another of this deal and how it's going to go forward. We have an obligation to put this out to bid -- it could be a real short one, maybe three weeks -- and see what firms come out for this. But the way that that RFP (Request for Proposals) should be worded is putting emphasis on the experience on commercial properties, such as malls, hotels, office buildings, et cetera. And last, but not least, that should include that we bring a firm that will not only advise us as we move forward in negotiation, but is going to do a full analysis, based upon what is going to be constructed there, and that they're offering that we negotiate; that they would give an analysis of the real market present-day value on what that deal would be. And if they increase any of these -- in other words, more square footage for a mall, for hotel rooms, for office building, or what have you -- that we get a real updated market value of what that's worth, because not all of this is going to be built at the same time. It's going to be spaced out throughout years, so we need to have real numbers from a firm that is going to be impartial. And I think the best way to handle that -- and I certainly would feel much more comfortable -- if we go out for a proposal, even though it might be a quick one. There are sufficient firms in the United States that I believe would want to participate and be part of this. Commissioner Reyes: Mr. Chair? City of Miami Page 43 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: I agree with Commissioner Carollo, and that was my first concern. That was my first concern, and I made explicitly clear that this is not a stadium deal. This is a major, major real estate commercial development, major. It's over a million square feet of commercial. And a hotel, I don't know how many beds it's going to have, because they changed the number with --first was 500 and now 720, but a -- and that is my major concern. Also, I am also concerned, because let me tell you -- let me say something here. As I've been reading and going over the numerous resolutions, the numerous promises that have been made to us, you see -- for example, now stadium -- I mean, we're going to have the opening of the baseball season, which you mentioned. Well, the promise to get --create a baseball academy; never done it, you see. Why? Because we never go back. We never go back and review what has been the commitment or the resolution that we have, and we enforce it. It -- this is something that, if we have it in the books, what I presented, I think it should be enforced. It should be enforced, and this could serve as notice to anybody that want to do City -- I mean, business with the City of Miami that we have resolutions -- and the State of Florida also have statutes. In their statute, they are prohibited with doing any type of investment, provide services and all -- whatever -- with the -- I mean, with Cuba, North Korea, and other countries that promote terrorism. Chair Russell: Mr. Manager. Mr. Gonzalez: Sir, your points are well taken. I would ask -- also, Commissioner Carollo's points are well taken. We have two representatives from the firm here that could probably answer very detailed questions regarding their international dealings, their experience with real estate, their experiences with expansive sports facilities. So Mr. Chairman, I would ask that they be given an opportunity to speak. Commissioner Reyes: And I want to say it's nothing personal, because I know this guy. Mr. Gonzalez: Yes, sir. Commissioner Reyes: Okay? Chair Russell: Good morning. You're welcome to address the dais. Gusman Villa: Good morning. Gusman Villa. I'm a partner with Hunton Andrews Kurth. We've been here in Miami for 20 years as a firm, and my partner, Mark Arnold, from our Houston office, is the one that has expertise in the stadium development deals, real estate deals; that's his area of expertise, and he can answer that more specifically. But Commissioner Reyes, I just wanted to answer your point, and we're happy to give the City Attorney whatever information she needs in order for her to review the issue that you raised with respect to dealings with Cuba. But we do not do any business with Cuba. We do not represent any Cuban entities. Our practice -- it's -- I'm just telling you, Mr. Commissioner, it's my practice, and what the practice is, is we represent companies before OFAC (Office of Foreign Assets Control) and the US Government, in order for them to analyze what their obligations are, and what the limitations are of the US embargo, (UNINTELLIGIBLE), and other prohibitions with respect to doing business, and that's who we represent. We do not represent any Cuban entities. We do not affirmatively represent anybody in Cuba. We are not doing business with Cuba, and -- but I'm happy to provide that to the City Attorney, the City Manager, and to anyone else who wants to review that in more detail. And with that -- City of Miami Page 44 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: And no investments in Cuba? Mr. Villa: Oh, we definitely do not have any investments in Cuba. We do not maintain an office in Cuba. Commissioner Reyes: But we're not talking only about investments. Chair Russell: Is your microphone on? Commissioner Reyes: We're talking about services. Chair Russell: Microphone. Commissioner Reyes: Oh. We're not talking only about investments. We're talking about services also. Services. It's not only those people that deals directly with Cuba, that provide services to people that deals with Cuba, that it is -- that invest in Cuba. I think that also falls in this definition here; for particularly, the State. Mr. Villa: I'm happy to provide whatever information is needed on that to provide this Commission with comfort that we are compliant with both the Florida regulations and the -- and whatever the City of Miami regulations are. Chair Russell: Thank you very much. It's my opinion that our City Attorney should be doing this vetting. I do see the statute here; I appreciate that, Commissioner Reyes, and it seems pretty clear here, but I think it's up to our City Attorney to vet any attorneys that work with the City, and that's what I would recommend. We're welcome to hear from you, as well, but I'll be welcoming a motion for deferral on this item. That would give our City Attorney further room to look at that, but that's up to this board. Mark Arnold: My name is Mark Arnold. I am a partner at Hunton Andrew Kurth, from the Houston office. I have 28 years of real estate development experience, with a subspecialty in stadiums and large developments. We are currently representing the State of New York with the redo of Belmont Park area, which includes a hockey arena and a hotel, office, and significant retail; not unlike this project. I've spent my career representing governmental entities on stadium and development transactions, convention centers, and convention center hotels, and we've provided all of that information to the City Attorney to prove up our bona fides. I'm probably the only lawyer in the country who's represented governmental entities on 14 stadium transactions. Chair Russell: Thank you very much. Any questions? Is there a motion for deferral of this item? Commissioner Reyes: Hold on a second. I don't want to just defer the item like it is. I think that we should take into consideration Commissioner Carollo's suggestion that we look into other firms and vet them; that we won't have any conflict of interest or any doubt that they are not taking -- they are not violating any of our resolutions or our ordinances. Chair Russell: Commissioner Carollo. Commissioner Carollo: I -- the minute we defer -- Commissioner Reyes: And do it fast. Later... City of Miami Page 45 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: I'd like to address RE.10 to either be withdrawn or indefinitely deferred. Where is the motion for that? That is the actual -- Commissioner Reyes: Move it. Chair Russell: Which would you like? Commissioner Reyes: I would say -- Commissioner Carollo: Withdrawn. Commissioner Reyes: -- withdrawn. Chair Russell: Okay. There's a motion to withdraw by Commissioner Reyes; seconded by Commissioner Carollo, it sounds like. Any public comment on that item? Seeing none, I'll close public comment. Any comment from the dais? All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RE. 10 is withdrawn, and we are setting a 15 -day RFP (Request for Proposals) to search. END OF RESOLUTIONS City ofMiami Page 46 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 FRA ORDINANCE First Reading 5650 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 17 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT (BID BOARD)" TO INCORPORATE THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT'S BOARD OF DIRECTOR'S ("BID BOARD") RECOMMENDED AMENDMENTS, WHICH WERE SUBMITTED TO AND APPROVED BY A MAJORITY OF AFFECTED PROPERTY OWNERS, REDUCING THE NUMBER OF VOTING MEMBERS OF THE BID BOARD FROM NINETEEN (19) MEMBERS TO NINE (9) MEMBERS; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 17 OF THE CITY CODE BY UPDATING LANGUAGE TO COMPLY WITH CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Moving on to the ordinances, please. We'll take up FR.1. Please read it into the record. Vice Chair Gort: Move it. Chair Russell: It's been moved; seconded by the Chair. Commissioner Carollo: Okay. FR.1 ? Chair Russell: FR. 1. Commissioner Carollo: Okay. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Second. Chair Russell: Already seconded by the -- Commissioner Carollo: Okay. Chair Russell: --Chair, but thank you very much. Commissioner Carollo: Oh, okay. Sure. City of Miami Page 47 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Is there anyone here who would like to speak -- oh, no, I'm sorry. We already closed public comment for the ordinance, as well. Any further comment from the dais? Commissioner Reyes: Just a simple comment. Chair Russell: Yes. Commissioner Reyes: Just a question: Who came up with 19 members, man? You will never get quorum. Commissioner Carollo: Yeah. That's crazy. Chair Russell: That was, I believe, the largest board in the City. Commissioner Reyes: I mean -- Chair Russell: And historically, in order to form the board, they felt they needed that many; that every restaurant and -- Commissioner Reyes: Wow. Chair Russell: -- store needed to be on the board in order to have representation. Now, after the years of going through the sunset, the board has proven itself effective, and a smaller board would be much less wieldy, so the board approved that. Thank you very much. Any further comments? All in favor of the item, say "aye. If The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That's FR. 1. City ofMiami Page 48 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 FR.2 ORDINANCE First Reading 5588 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 12.5 OF THE CODE OF and Mayor THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), "COMMUNITY TITLED REVITALIZATION," BY ESTABLISHING A NEW DIVISION 3, TITLED "LITTLE HAITI REVITALIZATION TRUST," AND DESIGNATING THE LITTLE HAITI REVITALIZATION TRUST'S ("TRUST") JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI; SETTING FORTH THE TRUST'S PURPOSE, POWERS, AND DUTIES, INCLUDING BUT NOT LIMITED TO, THE AUTHORITY TO SUE AND BE SUED, PLEAD AND IMPLEAD, AND PARTICIPATE IN FUNDRAISING ACTIVITIES; PROVIDING FOR COMPOSITION, APPOINTMENTS, PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, AND OFFICERS; PROVIDING FOR OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, A PRESIDENT/CHIEF EXECUTIVE OFFICER AND STAFF, COUNSEL, BUDGET APPROVAL, AND ANNUAL REPORT; PROVIDING FOR "SUNSET" REVIEW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item FR.2, please see "Public Comment Period for Regular Item(s). " Chair Russell: Commissioner Hardemon, would you like to take FR.2 at this point? Commissioner Hardemon: Yes. Chair Russell: FR. 2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Hardemon: Commissioners, this is a very straightforward resolution. The Revitalization Trust model was something that was established by Commissioner Arthur Teele, I believe. And I think the first Revitalization Trust that was created was the Liberty City Revitalization Trust. The purpose of this trust is to actually create a formal board that's going to make recommendations towards development and issues regarding the Little Haiti boundary -- within the Little Haiti boundary. So what you'll see is that there'll be representation from various people within the community. It's outlined here. The language that's here is not different from the language that would be in the Liberty City Trust, or at least substantially different. The same way that this board makes recommendations for membership onto that trust is the same membership recommendations in this trust. It will give -- They established policies for the revitalization efforts in the area. They advocate for the purpose of the Little Haiti Trust. They assist the City Commission, the City of Miami Page 49 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Department of Housing and Economic Development, and other departments, and public officials, and NCDs (Neighborhood Conservation Districts) concerning the revitalization initiatives in the area. They're going to promote, oversee, and assist in the redevelopment activities, and develop increased public awareness and interest in the area. So the point is, is that we're creating a formal body that is recognized by the City of Miami that will go and advocate for the issues regarding the Little Haiti community. There have -- there are groups that -- like some were just recently put together -- that advocate on the behalf of -- that are tasked with -- they've tasked themself [sic] with advocating on behalf of the Little Haiti area; there are individuals that also do it. What I'm trying to ensure is that there's a way that we can have the -- someone advocate for that community, but the benefit comes back to the community and not necessarily to that group. And so, it's important to understand that the Little Haiti Revitalization Trust will operate in order to bring a benefit to the Little Haiti community, and not necessarily a benefit to itself, because it is a board that is made, that has sunshine requirements, that's going to have -- that's going to be audited, that's going to have everything that any official board in the City of Miami has today. So I think it's imperative that this part of town has something that's going to advocate for smart development in that area, and for -- amongst other things. I mean, they could advocate for creation of jobs, they could advocate for housing. They could do a number of different types of things. So as you are aware, we have one in Liberty City. This would be one in Little Haiti. It's similar to what we have, also, when you think about in Overtown, where you have the Overtown Oversight Board. They have an entity like so. So we've been hearing for many, many years, for decades that Little Haiti is going somewhere. For decades, there have been Commissioners that have made -- that has said that, "We want to do something about the" -- "keeping the name of Little Haiti, but also moving forward with keeping the cultural destination of Little Haiti." And in the time that we've been on this dais, we've been successful in creating the only official recognized neighbor -- well, the only officially -designated neighborhood in the City of Miami, and that is the Little Haiti community, in an effort to preserve what the -- those who came from the Haitian community did for that neighborhood. We've also -- so what this would do is this says -- okay, besides what we've done in the City of Miami, which is like the Caribbean Marketplace, encouraged development there. We've made improvements on parks in Little Haiti by giving them multimillion - dollar turf fields, building soccer lockers; I mean, really enhancing that space. And so, this would give us another mechanism of being able to provide for the people that work or live within that space. As I understand, the Little Haiti community is about an 80 percent rental community, so it is a transient community in nature. We all know that any time you rent a space, you have a right to be therefor whatever that lease says; for residential space, it may be a year or less; for commercial spaces, it may be a year or longer. But whatever it is, we want to ensure that the footprint that is important for the community that are owners and that may be renters, but want to have a bigger influence in the area have a space to do that. We've -- this -- the -- this first came up in regard to the SAP (Special Area Plan) that is regarding Magic City, the Little Haiti Revitalization Trust, because it can be an entity that holds money, so it can be an entity that can receive dollars, and dollars can be expended from that organization with the approval of this body. However, even if the SAP is either granted or not, if it gets money or it does -- if it gives money to this organization or it does not, this body should exist; and so, that's why I'm asking to move this forward, and I move FR.2 for approval. Chair Russell: There's been a motion on FR.2. Is there a second? Commissioner Reyes: Yes, I will second it, but I have a question. Chair Russell: Seconded by Commissioner Reyes. Just a second. Seconded by Commissioner Reyes. City of Miami Page 50 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Okay. Mr. Mayor -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- Mr. Mayor, I mean, listen -- Mayor Francis Suarez: I yield, I yield. Commissioner Reyes: -- authority -- Mayor Suarez: I yield, I yield. Chair Russell: Mr. Mayor. Commissioner Reyes: I yield. Mayor Suarez: Well, I just want to say, I want to commend the Commissioner. I remember his first Commission meeting -- CRA (Community Redevelopment Agency) Board meeting, actually, in Overtown, when I sat next to him, and I challenged him, because Overtown had accumulated a significant amount of fund balance, and it was being heavily criticized. And I sort of put it to him, and he kind of looked at me, like, "What? Are you going to challenge me on day one?" Like, that's a little quick, you know. But to his credit, we changed those deals. He had the courage to change those deals from 9 percent deals to 4 percent deals. And Overtown is radically different today than it was on his day one, and that was his stewardship taking the bond money that we had bonded out, putting it to work, getting affordable housing. It was a food desert. It was a food desert. Unidentified Speaker: (UNINTELLIGIBLE). Mayor Suarez: Yeah, we're going to get there, too. It was a food desert; you know, bringing in and building out a supermarket in Overtown, first ever -- or at least first in probably our lifetime; revitalizing a cultural center in the Lyric Theater. He totally changed the dynamic. And by the way, the School Board helped by redoing a -- you know -- Frederick Douglas, the school. Obviously, we had spent before our time a ton of money on Gibson Park. So we had created a holistic mechanism for change in the Overtown community, led by the Commissioner. And frankly, people often ask -- because I go around everywhere in the country. I go around everywhere, wherever anybody will listen to me, and they talk about our first year here. We had the lowest homicide rate in 51 years. And I'm 41 years old. And people say, "Well, how did that happen?" And, yes, our police force is a big factor. We have a great Police Chief. We have great officers. We've increased our patrolling police force by 70 percent. We have a gunfire detection system. But when we created the Poverty Initiative, Commissioner Hardemon looked at me and said, "It cannot just be about policing; it has to be about more than that. It has to be holistic. " And frankly, there are pockets of our City that still have not gotten those benefits. And doing something like this, which is similar to the Liberty City Trust, as well, affords for the opportunity for neighborhoods that don't have CRAs, frankly, and, you know, maybe -- we all know CRAs are difficult. They're difficult. They're highly criticized. They're very difficult to implement. They're difficult to extend. It's hard to do that. But doing -- putting something in place that has a very specific mission to help revitalize an area is critical; particularly given the fact that we have the largest income inequality -- or one of the largest income inequality gaps in the country; 50 to 1, which is median income in comparison to top five income earners, and that's something that is -- we're grappling with. So I just want to say that I commend him. And, you know, like you said earlier, this has nothing to do with the SAP, whether the SAP happens or it doesn't happen, or what -- that's for City of Miami Page 51 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 you guys to decide. And I know that there's a -- you know, there's a lot going on there, but this is something that's important for the Little Haiti community. And also, I would remind everyone that he was the one who had the courage -- and I think you may have mentioned it, but I'm going to reiterate it if you didn't -- to designate the area, "Little Haiti." And that was controversial, because there were people that felt that you were trampling on other historic designations. And I was there with him as a Commissioner and I was proud to stand with him as a Commissioner, and I think he's done a marvelous job in those capacities. Commissioner Hardemon: Thank you, sir. Commissioner Reyes: Mr. Mayor -- Chair? Chair Russell: Commissioner Reyes. Thank you. Commissioner Reyes: I -- sincerely, I agree that we have to put our best effort to preserve the characteristic and the population of our neighbors; of all the neighborhoods, you see. That's my biggest concern, and I have stated to you when I've gone to the Overtown Redevelopment -- I mean, Overtown/Park West Redevelopment meetings. In order for us -- and I just want you to -- I want everybody in this Commission to be aware that doesn't matter how much we try to preserve the characteristics and integrity of the neighborhoods; if we don't allow those neighbors to live in that area, and some people from other areas come, and they are the ones that are able to afford the housing that has been created, we are not preserving anything. So what I want everybody here to know -- and you, Mr. Hardemon -- is that it is imperative that when we make -- or we build affordable housing, it has to be really affordable for the people of that area. When we build housing, we must strive into being -- building homes the people can afford and buy, you see. I'm very concerned. I'm very concerned about Overtown, even Little Havana. I'm concerned about areas that they are -- Little Haiti -- areas that are ripe for investors to come in, you see. I have nothing against an investment. I have nothing against development. But we have to provide those residents with a decent place to live which is really affordable. Commissioner Hardemon: Mr. Chairman? Chair Russell: Commissioner Hardemon. Commissioner Hardemon: I completely agree with you, and, you know, to speak specifically about affordability in Miami, you have to be very honest about some of the players that's --that are participating in the redevelopment of the City. And so, one of those big players is those who participate in short-term vacation rentals. So I'll give you an example. On my block, I watched over spring break last week where one of the homes that was there, every -- one of the homes that was there, I could see the tourist visitors go in and out of that space, right? If that -- Commissioner Reyes: Airbnb. Commissioner Hardemon: -- is a short-term vacation rental, that means that a family does not live there, because there had to be about 12 individuals that were going in and out of this space. And so, when someone who is investing in property buys a home and then chooses to rent it out as if it was a hotel, what happens is they're able to better afford that home, so the price gets pushed up to 400, 000. They can afford to buy it, because the rental income -- When they go to the bank and they say, "How are" -- "How can you afford this?" "Well, I plan on using short-term vacation rentals, and this is my financial model, and I can afford that mortgage payment," and they're right. But the problem is that those who live -- or City of Miami Page 52 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 who want to live within the area, who traditionally lived there -- they may have been renters; they may have been -- their family may have been owners, and they want to move back into the space. They can't afford that mortgage, because they can't take a mortgage for $500,000, because they don't have a job that will pay that sort of dollar for that particular home, or it may not even be smart to buy that particular home, because of the nature of its condition. So if you're making lots of money, you have the ability to, one, mortgage that home; and then, two, make renovations to encourage people to come there and rent with you, rather than renting from the hotel that's in a proper designated space. So that's -- we have to be very honest about that. So there's housing that's being taken away from us, extinguished, because of the short-term vacation rentals. I haven't heard anyone from the Little Haiti community, particularly -- I mean, because this is about Little Haiti -- really discuss that matter. Second, when -- you know, I think that the City of Miami, we have and we will continue to create some rental units. So this looks like the affordable housing buildings that you see get pushed into these different communities. And I've never been a big fan of them. I understand they're a utility; and so, there are going to be times where I will support them. I -- so I'm not blankly against them. But I like to look at those spaces as opportunities to increase the affordability of an area. However, we have to be honest about what we're doing. That affordability is tied to the area median income. And if people are buying homes in that area and the area median income is increasing, because an owner chooses -- now, he's not being pushed -- to sell his property, chooses to take a profit, does whatever -- and chooses to buy another home or not; maybe chooses to rent. Whatever that owner chooses to do, and a private person purchases that piece of real estate, now the area median income is increased. And as the area median income increased, because of the different owners in the neighborhood -- or even -- well, yeah, say "owners in the neighborhood" -- or even renters -- then the price of that affordable housing building increases; the monthly rent goes up. So 15 years from now, 10 years from now, 7 years from now, depending on the speed of -- in which people are moving to these areas, that housing is no longer affordable, either; and so, it is a -- because it is a function of the area median income. So an area that was once low income may not be low income in the future. And so, you know, I'm an advocate for increasing the earning potential for people who live in my neighborhoods, because ghettos should not be ghettos. You know, it's for certain reasons that they are. So the reason I want to say that -- and this is why I tie it into what you're saying -- is that's why I believe in homeownership. Commissioner Reyes: Yes, sir. Commissioner Hardemon: So you -- I've lived in public housing, right? My family lived significantly amount of time in public housing. I still have family that lives in public housing that I visited and I grew up in; and so, I'm uniquely situated on this dais because of that experience. And one thing I've learned, watching some of my family go from public housing to homeownership, is that now there is no landlord. They don't deal with the City of Miami. They don't deal with Miami -Dade County. They don't deal with someone who wants to improve -- or increase their rent every single month, but not make renovations to their home. It's -- it becomes a responsibility of themselves, and you have that pride in ownership. And the money that they've been paying every month now has value, because the value of their property has increased. And so, the poverty level of homeownership --people who have homeownership, it decreases. Their value goes up, because their property value increases. And so, they're able to send their children to college, because they may be able to take out a loan on the value that they put into their mortgage. So there's lots of things that increase that that homeownership should play a major part in. And so, if, for instance, there is an -- something like a --for instance, there would be an SAP later, and people want renters, you know, they want more affordable renting spaces inside of this SAP. You know, it does nothing for poverty City of Miami Page 53 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 levels. It does -- that place, no matter how you cut it, is going to be a space where the rents are a percentage of the area median income. And so, what we want to guarantee is that not someone has -- not that someone is able to live somewhere for a year or two years, or someone comes from -- wherever they come from -- Texarkana, or from Iowa, to live in a space for a year or two years. What we want to guarantee is that we have homeownership in the City of Miami, and take that rate from Little Haiti, going from 80 percent rental to a number -- I'm sorry --from 80 per -- yeah, 80 percent rental to a number that's more appropriate for a community. And so, that's why, you know, I believe in this sort of thing, because I want the people that live next door to me, like you want the people that live there next door to you, to be people who are really invested into that space. And people who are going to be invested into that space are going to be people who are going to be owners, and they're going to occupy the land that they own. So I appreciate what you said, and that's why I'm moving forward the way that I am. Chair Russell: Commissioner Gort. Vice Chair Gort: Look, before I became a Commissioner, I built a lot of affordable housing for homeownership and for rental. To really make it rental and available, you've got to have a lot of incentives. The East Little Havana CDC (Community Development Corporation) created an apartment building on Southwest Ist Avenue and 9th Street, one block away from Miami Avenue, and two blocks away from Brickell. Real affordable, because we were able to get tax credit. We made 170 units; 100 affordable, 70 market rate, and there's a waiting list for both. And I think -- the Commissioner was stating a little before; I went through gentrification back in the '70s, but the opposite way, the opposite way. So we got to maintain our neighborhood. We got to improve the income to the level on our neighborhoods. We have to educate; that's why I spent all my money in the scholarship, either for college or trade school. That's the only way we can improve a lot of that. But I'd like to see mixed use. And homeownership, I mean, I have meetings, two meetings a week with different neighborhoods, and you can tell the differences when there's ownership to rental, and that's something we got to continue to work with; giving the ability to be able to buy. Chair Russell: Thank you. There's been a motion and a second. Is there any further comment from the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That is FR.2. City ofMiami Page 54 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 FR.3 ORDINANCE First Reading 5549 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI/DIVISION 21/SECTION 2-1317 OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, ABSENT: COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD/COMPOSITION OF BOARD; TERMS, FILLING OF VACANCIES," BY INCREASING THE NUMBER OF VOTING MEMBERS OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") BOARD OF DIRECTORS FROM SEVEN (7) MEMBERS TO NINE (9) MEMBERS AND REQUIRING ALL MEMBERS TO BE COMMERCIAL PROPERTY OWNERS, WITH TWO (2) OF THE NINE (9) MEMBERS BEING EITHER ESTABLISHED RETAIL, CULTURAL ARTS, OFFICE, OR RESTAURANT BUSINESS OWNERS AS WELL; INCREASING QUORUM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item TR.3 was deferred to the April 11, 2019 Regular Commission Meeting. Chair Russell: Commissioner Hardemon, are you ready for FR. 3? Commissioner Hardemon: I believe there was some additional discussion that needed to be -- that needed to occur on FR. 3, so what I'd like to ask is that we defer this to our next meeting. Chair Russell: Is there a motion -- Commissioner Hardemon: So that's my motion. Chair Russell: -- to defer FR.3 to the next meeting, please? Vice Chair Gort: Second. Todd B. Hannon (City Clerk): That'll be April 11, sir. Chair Russell: April 11. It's been moved and seconded. Any further discussion from the dais? All in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. That's FR.3. IN1kiIexel0aI:RI9Nzr_lI]1►leyol N I]IkgWkiM** Citv of Miami Page 55 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 M:�9Elsie] ►1III N;fill]1►[eye]NCIki/_1►[@]*I SRA ORDINANCE Second Reading 5479 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Off -Street Parking ATTACHMENTS, PROVIDING FOR THE BORROWING IN THE Board/Miami FORM OF A REVOLVING LINE OF CREDIT IN A TOTAL Parking Authority AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TEN "LINE ABSENT: MILLION DOLLARS ($10,000,000.00) (COLLECTIVELY, OF CREDIT") FROM CAPITAL BANK, A DIVISION OF FIRST TENNESSEE BANK, NATIONAL ASSOCIATION, TO FINANCE THE PROJECTS DESCRIBED BELOW; PROVIDING FOR THE ISSUANCE OF THE CITY OF MIAMI TAX-EXEMPT PARKING SYSTEM LINE OF CREDIT NOTE, SERIES 2019A AND CITY OF MIAMI TAXABLE PARKING SYSTEM LINE OF CREDIT NOTE, SERIES 2019B (COLLECTIVELY, "NOTES"); PAYABLE FROM PARKING SYSTEM REVENUES OF THE CITY'S DEPARTMENT OF OFF-STREET PARKING A/K/A MIAMI PARKING AUTHORITY ("MPA"); PROVIDING FOR THE PAYMENT OF THE NOTES; AUTHORIZING THE NEGOTIATION AND THE EXECUTION BY THE CITY MANAGER, THE MPA'S CHIEF EXECUTIVE OFFICER, MPA'S CHIEF FINANCIAL OFFICER, AND ALL OTHER NECESSARY CITY AND MPA OFFICIALS OF THE NOTES AND ALL FINANCING DOCUMENTS IN CONNECTION WITH THE NOTES, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTES; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: 13827 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Chair Russell: Moving to SR. 1, please, MPA (Miami Parking Authority). The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there a motion on -- Vice Chair Gort: Move it. Chair Russell: -- SR.1 ? It's been moved by Commissioner Gort; seconded by Commissioner Reyes. Is there any further comment from the dais? Any questions for --? Art Noriega: I need to make one correction. At the request of the lending institution, they asked that we modem the name as referenced in the actual ordinance, so if I could do that on the record. Citv ofMiami Page 56 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: What would be the amendment? Mr. Noriega: It just extends the name. It's Capital Bank, a division of First Tennessee Bank National Association. They just wanted the full -- Vice Chair Gort: He's changing the name of the bank. Mr. Noriega: --full bank. Vice Chair Gort: Right. Okay. Chair Russell: For legal purposes. And the mover and seconder has no problem with that, I assume? Vice Chair Gort: No. Commissioner Reyes: I just want to make a -- Vice Chair Gort: No problem. Commissioner Reyes: -- comment. And Mr. Noriega, please try to use this money in short term as possible so we cannot waste so much money and interest. Mr. Noriega: Yes, sir. Commissioner Reyes: Okay? Pay it off as much -- as fast as you can. Mr. Noriega: Pay it off as fast as I can, and obviously, bring back to this Commission a bond issue towards the end of the summer; take all the money out. Commissioner Reyes: Okay. Chair Russell: Thank you. Any further comment from the dais? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, as amended. Mr. Noriega: Thank you. Chair Russell: That's SR.1. City ofMiami Page 57 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 SR.2 ORDINANCE Second Reading 5599 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO REQUIRE A MAJORITY VOTE TO SUSPEND THE "FIVE DAY RULE" AFTER IT HAS BEEN INVOKED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13832 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Gort, Carollo, Reyes, Hardemon NAYS: Russell Note for the Record. For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Item(s). " Chair Russell: SR.2, the Five -Day Rule. Commissioner Reyes: Move it. Chair Russell: It's been moved. Is there a second? Victoria Mendez (City Attorney): An ordinance of the Miami City Commission, amending Chapter 2, Article 2, Section 2-33 -- Commissioner Reyes: Well, let me -- Chair Russell: ,lust a moment. Let her read it into the record, please. Commissioner Reyes: Oh, okay. Chair Russell: She just has to read it into the record Commissioner Reyes: Sure. Chair Russell: It hasn't been -- we haven't voted yet, so. Commissioner Reyes: Sure. Chair Russell: There'll be plenty time to discuss. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: There was a motion. Is there a second on the item? Commissioner Reyes: I moved it. There's a second. Chair Russell: On the alteration to the Five -Day Rule. City of Miami Page 58 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: Yeah, because let's hear it. Chair Russell: Got it. So there's a -- who is our mover? Commissioner Reyes: I moved it. Chair Russell: Seconded by Commissioner Carollo. Commissioner Carollo: Did Commissioner Gort second before, or no? Todd B. Hannon (City Clerk): No, no, no. It was moved by Commissioner Reyes. It'll be seconded by Commissioner Carollo. Chair Russell: Got it. Open for discussion. For my part, gentlemen, I -- my preference would have been to amend the Five -Day Rule so that we clam, because I do respect and understand where Commissioner Hardemon came from with our difference of opinion on how it was invoked; whether an amendment would trigger it versus a written document presented, because I feel that by changing it to a majority to suspend the rule pretty much nullifies the rule, and I do think it does have merit in the future. So as it is written, I'll be a "no" vote. I would rather have seen it be amended in a different way to clam rather than weaken it, but that's just my position on it. Commissioner Carollo: Chairman -- Chair Russell: Commissioner Carollo. Microphone. Commissioner Carollo: Chairman, I'm sorry. As we discussed this the last time -- I don't know if it was for an hour -- it was along time. This had nothing to do with what happened before that day. This is something that I believe we should have had, because this is what was therefor day one -- Chair Russell: Correct. Commissioner Carollo: -- from when the City was founded to years after I left as Mayor, it was still there. And actually, what you have now is something that's, you know, been relatively new in the books. So I don't want to get into any deeper discussions. You know, it's the second reading. Whatever the will of the Commission is, it will be. Chair Russell: Thank you. Any other further -- Commissioner Hardemon. Commissioner Hardemon: I think it's pretty interesting how the rule actually works, because if you read the rule, the rule allows for us to make substitutions up until -- whenever. Like the day of the meeting, we're here and we want to make a substitution, the rule is always suspended in the sense that we can make those changes. So any item that's on this -- that comes on the agenda, there -- that's why there's always these last minute -- it could be last-minute changes that are included. However, what's unique about the rule is that it says that for a particular item --for instance, a Commissioner wants more time, because he believes that he didn't get the backup that he needed in appropriate time to review; that he's the one that invokes now the rule, so now the rule applies. And so, you know, and that makes sense. But what also makes sense is what Commissioner Carollo, you know, described about how we work and how this body works in the sense of we're a majority -rule body. And so, what this does, it says -- what this amendment basically says, "Look, I believe we need more time. I'm going to invoke the rule." And now, I need two other persons on this dais to say, "You know what? I think City of Miami Page 59 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 you're right; that makes sense. " And when I think about how all other matters are handled on this dais, they're usually by a majority rule. Chair Russell: Right. Commissioner Hardemon: And so, I'm amendable [sic] to SR.2. Commissioner Carollo: Okay. Chair Russell. Understood. Thank you very much. Any -- Commissioner Gort. Vice Chair Gort: Let me tell you, of all the time that I've been here, I don't remember anybody ever using the Five -Day Rules [sic]. I think we've had the courtesy -- any one of us that asked for a deferral, automatically -- the first time we ask for a deferral, automatically, it's granted. So to me, it doesn't make any difference if it's three, or four, or five, whatever the majority would like to do. But I think the -- as I recall, you know -- and Commissioner Carollo, I don't believe when we were together in the '90s -- Commissioner Carollo: We didn't have this. Vice Chair Gort: -- nobody -- it never happened. Commissioner Carollo: No. That's what I'm saying. Since the City was founded to --just until a few years ago, you know, we never had this type of rule. And all that I'm doing is bringing it back to what it was that worked fine for over a hundred years -- well over a hundred years in the history of Miami. Chair Russell: Thank you. There's been a motion and a second. Any further discussion from the dais? Hearing none, all in favor, say "aye." Vice Chair Gort: Aye. Commissioner Carollo: Aye. Commissioner Reyes: Aye. Chair Russell: Any opposed? No. Motion passes. Commissioner Reyes: That's it. Chair Russell: Thank you very much. That was SR.2. END OF SECOND READING ORDINANCES City ofMiami Page 60 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 1-11111211111-1llBiel NkI BU.1 BUDGET DISCUSSION ITEM 4961 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: We'll go with our budget, and just before you get started, Chris, if anyone has any pocket discussion items -- I heard there may be some for this morning. Some people wanted to talk about it -- just be prepared to speak on that before we close for lunch, along with any of the discussion items. And then we may, if we can, take up before lunch, as well, the board appointments, if anyone would like to make any today that were mentioned. Commissioner Carollo: Can we jump to the appointment that I think Commissioner Gort wanted to make for the Code Enforcement? Chair Russell. We're going to do -- Commissioner Carollo: Okay. Chair Russell: -- that, and we're going to also do any others, because I know there were some others with the Code Task Force, as well; there may be an appointment for that. Commissioner Carollo: Okay. Chair Russell: So we can do all those together. Commissioner Carollo: Okay. Chair Russell: But I'd just like to get -- let Chris be on his way about the budget -- Commissioner Carollo: Sure. Chair Russell: -- and any questions we have with that, and then we'll go right into those pocket discussions. Commissioner Carollo: Oh, by all means, Chris. Chair Russell: Chris. Christopher Rose (Director): Thank you, Commissioners. Chris Rose, Office of Management and Budget. We sent out the report this morning. The books closed on City of Miami Page 61 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 March 11 for the month of February, so we're five months in. A couple of highlights: We are projecting a budget -- Vice Chair Gort: Can I get a copy of it? Mr. Rose: Yes, sir. I will -- Vice Chair Gort: Please. Mr. Rose: -- I can give you my copy. Vice Chair Gort: Thank you. Mr. Rose: And it was emailed out this morning to all offices, all department directors, et cetera. I will get you a hard copy, as well, sir. So we have -- we are projecting a budget surplus -- and I want to be careful when we say it -- of $35 million. This is made up of a surplus of 37.7 in the general fund, and a deficit in the internal service fund, where we keep our healthcare and other insurance things that we spread across all of our departments. It is lower than the projection last month, but I want you to remember that since the -- it's a budget surplus, that doesn't mean that we're going to grow the City's fund balance, because we have used $33.1 million of prior year revenue for the damages and prior year expenses in the labor contracts that we approved earlier this year. So with that said, it looks like the overall fund balance in the general fund is only going to grow 1.9 now, so today, projection -- we're only five months in, and we're going to keep watching that as we go, and keep reporting back to you. So the highlights are in the report. I will also highlight that Parks impact fees continue to come in lower. I want to keep pounding that drum. We collected $1.9 million this year in the first five months, and we collected $3.6 million last year in the same timeframe. So I'll be happy to take any questions you have at this time. Commissioner Carollo: 1.9 in the first -- how many months? Mr. Rose: Five months. Commissioner Carollo: Five months. Chair Russell: Thank you very much. Any further questions for Chris? Hearing none, we'll move on. Thank you very much, Chris. Mr. Rose: Thank you, Commissioners. A►IOX01a-IIIBiel Ai City ofMiami Page 62 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 31aa]l;�9i11:9IQkiI k0kyJ 1.1 DIA DISCUSSION ITEM 5490 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor MOTION TO: Defer by Unanimous Consent RESULT: DEFERRED BY UNANIMOUS CONSENT Todd B. Hannon (City Clerk): And Chair, briefly, Dll and D3.1, Commissioner Carollo's items, will be deferred -- Chair Russell: Everything not -- Mr. Hannon: -- to April 11. Chair Russell: -- they won't be till the next -like meeting? Mr. Hannon: No. He requested April 11. Chair Russell: Oh, he did request? Mr. Hannon: Yes. And since there's really no opposition to it, they'll just be deferred to April 11. Chair Russell: Absolutely. That's fine. Thank you. We are adjourned Thank you very much. D1.2 DISCUSSION ITEM 5624 A DISCUSSION REGARDING A PRESENTATION BY THE City Manager's CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES Office CONCERNING THEIR ANNUAL REPORTS: - BAYFRONT PARK MANAGEMENT TRUST - CIVIL SERVICE BOARD - CODE ENFORCEMENT BOARD - COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE - EQUAL OPPORTUNITY ADVISORY BOARD - PARKS AND RECREATION ADVISORY BOARD RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item D1.2, please see "Public Comment Period for Regular Item(s). " City of Miami Page 63 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Now, if there's anyone here to represent any of the boards, we'll take them one at a time. I guess first, we'll be dealing with -- Which board are you here to speak on? Allyson Warren: Code Enforcement, Nuisance Abatement. Chair Russell: Code Enforcement Board. Thank you, Ms. Warren. Ms. Warren: Hi. Allyson Warren, 650 Northeast 82nd Terrace. I'm here on behalf of the Code Enforcement Board, as well as the Nuisance Abatement Board; we are both. In this past year, Code Enforcement met approximately 24 times. We meet -- two regular meetings per month, plus since the abolishment of the Masters, our third meeting of the month has been split between Nuisance Abatement and Code Enforcement. So on a regular Code Enforcement evening, we hear approximately 94 to 96 cases. On the Nuisance Abatement meeting, we hear approximately 40 to 45. In 2018, before -- what was -- while there still were Masters, we adjudicated 975 cases. The rest of those 1,486 were either put into compliance prior to the meeting, or voided prior to the meeting. We generated approximately $617,379 in mitigated fines on behalf of the City. This year, up until last evening, we had mitigated between 150,000 to 200,000. Last night, we did 77,500. Now, I have -- we have over the years -- I've been on the board since approximately 2000. We have mitigated close to a million dollars every year. In the earlier years, we were in meetings with the ongoing Managers to find out how those fines were being collected; if they were being sent to Collections, or what the process was. Up until the last Manager and a half, they were not being sent to Collections. We had no information. Then we were told, basically, that, "no," they were not being collected. We suggested, of course, that they be sent out, along with Solid Waste liens, to a collection agency, so the City would at least be making that money back. With a mitigated fine, the only time that gets paid -- people have up to two years to pay it -- is if they refine their house or if they sell their house. Then they come back. They want to get it taken care of, get the lien off of their property, and that's when that comes into compliance; when, in the meantime -- board counsel, sorry. We're generating money on behalf of the City, which could be spent for Code Enforcement things. But we have another issue right now. We're short of bodies. We've just lost two or three members, and we need you gentlemen, all of you, to please make appointments where the -- where your district appointee has not been reappointed. We've got one slot that's been open for close to a year. We're missing a regular at - large, because, unfortunately, after 20 -some years, our very esteemed Chairman retired this past week. But we've got some slots to fill. We have never had a quorum problem in all of the time that I've been on the board. I think maybe one or two meetings in all those years, we had a quorum issue, and one of them was after a hurricane. But we're a well -attended board. We've got two separate boards that we cover. Nuisance Abatement has even better teeth than Code Enforcement, because it's some -- it's a police issue. We need bodies to be sure that we can continue the work that we do, because it's serious. We're talking Building Code violations. We're talking about your neighbor's roof blowing off into your yard if there's a strong wind, or the pipes bursting, or -- heaven only knows. So we need serious bodies that don't have an issue meeting three nights a month. It is a serious business, and we're hoping that you will all step back up and appoint people where you have a district Commission vacancy, or to fill the other alternate slot, which has also been open for almost a year, and for the district slot that's been open almost a year. Chair Russell: Thank you. Ms. Warren: Thank you. Any questions? Commissioner Reyes: Yes, I have. City of Miami Page 64 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Commissioner Reyes. Commissioner Reyes: I have a question. Could you ident -- I mean, do I have any openings? Because -- Ms. Warren: You do not. Commissioner Reyes: Okay. Ms. Warren: Well, actually -- well, let me rephrase. You do, but you don't. You appointed me to the second regular at -large slot. Mr. Eduardo Moralejo is your actual district appointee. He needs to be reappointed. Commissioner Reyes: Okay. Ms. Warren: Now, he doesn't leave until he's replaced; or if he's reappointed, he just stays on, and that's the case with anybody that's -- you know -- where the Commissioner hasn't reappointed. But he should be reappointed. Chair Russell: Just so we can be efficient with this meeting, Mr. Clerk, could you meet with each interested Commissioner -- Commissioner Reyes: That's right. Chair Russell: -- and let them know what vacancies they have on what boards, especially this one? Commissioner Gort. Vice Chair Gort: No, I have an appointment, but -- Chair Russell: Yes. And so, we'll do that in a little bit. We'll do the appointments for the boards. Commissioner Reyes: Yes, okay. Thank you. Chair Russell: Message received. We're going to check all the vacancies and make sure these Commissioners -- Ms. Warren: Thank you very much. Chair Russell: -- fill our spots. Ms. Warren: No more questions? Chair Russell: Any other comments? I expect there will be a lot of new discussion coming out of the task force -- Ms. Warren: Okay. Chair Russell: -- and we welcome your recommendations toward that, which then come up to us as potential changes to the board, the department, and I'll wait for it on Code. Thank you. Commissioner Carollo: I do have one. Chair Russell: Commissioner Carollo. City of Miami Page 65 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: Is there anything more that we can do from up here to make the board more effective? Ms. Warren: Personal opinion -- and we've talked about this amongst the board members over the years that we've all been there -- the Code itself can be strengthened. We only see a case when it comes to us for it to be -- as it's being heard the first time, as they ask for extensions of time to continue, and then when it comes back in mitigation. There's nothing in between. Now, Nuisance Abatement has some teeth, because we can take a property. We -- you know, we can take a whole motel, even if it's room by room, and that's gone to the Florida Supreme Court, but it works, and we get their attention, because we have jurisdiction over single family and over multifamily and motels, commercial property. If there's a violation, then we can deal with it, and we're, you know, statutorily able to do that. The City Code could very well be strengthened, and that's where everything starts. You know, the requirements for whoever's in charge of Code Compliance overall, the very top of the food chain, needs to be the person that inspires the troops, that has the background and knowledge and training and certifications required to keep the troops going. Commissioner Carollo: Well -- Chair Russell: Thankyou. Commissioner. Commissioner Carollo: -- you're right in what you're saying there, and I fully concur with your statements. The -- well, thank you for being here today and giving the report. Ms. Warren: Thankyou, sir. Anybody else? Thankyou. Chair Russell: Thank you, Ms. Warren. Thank you, Commissioner. Is there any other representative, other boards here to report their annual report this year, please? Troy Sutton: Good morning, Mr. Chair, Commissioners. I'll be brief. My name is Troy Sutton, and as of May of '18, I serve as the Chairman of the City of Miami Civil Service Board. In accordance with City Code Section 2-809, we submitted our annual report for '18. I'm here to answer any questions for you. If you have no questions, thankyou for allowing us to serve. Chair Russell: Thankyou very much, Mr. Sutton. Mr. Sutton: Thankyou. Vice Chair Gort: Great presentation. Mr. Sutton: Thankyou, sir. Chair Russell: Is there anyone here to present from either Bayfront Management Trust, Commercial Solid Waste Management Advisory, Equal Opportunity Advisory, or Parks and Rec (Recreation) ? Commissioner Carollo: Chairman, the interim -- well, the new Director -- not interim anymore -- I believe is getting sworn in. I think that a report was passed. Chair Russell: Yes. City of Miami Page 66 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: If there are any questions, I could try to answer them. If not, if you would like to hear from the Director himself, we could defer this to the next item [sic], but I think the reports are self-explanatory. So if that's satisfactory to each member of this Commission -- Chair Russell: That's fine. Thank you very much. Commissioner Carollo: Sure. Thank you. D1.3 DISCUSSION ITEM 5182 DISCUSSION ITEM REGARDING A NOTICE TO THE CITY 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 FILED AT BOOK 12000, PAGE 2469, FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, COMMONLY REFERRED TO AS "BABYLON APARTMENTS." RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item DL3, please see "Public Comment Period for Regular Item(s). " Chair Russell: We'll take up now DL3, please; discussion, Declaration of Restrictions, the Babylon item, and this is a discussion item. Barnaby Min (Deputy City Attorney): Mr. Chair, do you need an intro on the item? I think we've -- Chair Russell: No. I think we've dealt with this a few times. We were looking for the Zoning Administrator to have some time to review further, and our Director to give us his opinion, please. Joseph Ruiz (Director, Zoning): Thank you, Chairman. To keep it brief, I reviewed the prior ZBL (Zoning -by -Law). I reviewed the Declaration of Restrictions. I reviewed the two conditions in which the property owner could be relieved of certain limitations set forth therein, and I believe both conditions for relief were met. Chair Russell: Both conditions for relief? Mr. Ruiz: Yes. Chair Russell: And what specific relief would it create? Mr. Ruiz: I'll leave that to the City Attorney to discuss what the effect is, but there were two conditions in which the declaration says the property owner could seek relief. Chair Russell: Could you clarify that just before I ask the City Attorney for the effect of that? Mr. Ruiz: Yeah. Chair Russell: Just from your opinion. City of Miami Page 67 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Ruiz: So it states the two conditions, and then it states, "The subject property shall be relieved of the limitations contained herein, which are more restrictive than the new district or regulations. " Chair Russell: Got it. And the two conditions were what? What were the two conditions that were met? Mr. Ruiz: The two conditions. The declaration set forth the subject area, and if the subject area should change to permit any structure within to be used totally for oq5rices, banks, or commercial uses, or combinations thereof, or the permitted FAR (floor/area ratio) applicable to such area increases above that presently permitted. Chair Russell: Thank you. And I'll ask the City Attorney, what relief does that create? Mr. Min: So pursuant to Paragraph "D" of the covenant that Mr. Ruiz is referring to, it specifically says, "The recordation among the public records of Dade County, Florida, of an ajfdavit or certificate from the City Attorney's Office of the City of Miami that such changes in the City of Miami ordinances, " which Mr. Ruiz referred to, "have been made will be sufficient to place all persons on notice that such changes" -- again, which Mr. Ruiz has referred to -- "have modified these covenants. " So Mr. Ruiz referred to the density increase and certain uses being allowed. Those are the conditions specified in Paragraph "D" of the covenant. Chair Russell: And then, so those I through 11 or 12 conditions, they are relieved of those, or they're only relieved of the ones that are more or less strict than the current zoning? Mr. Min: Paragraph "D" states that those restrictions herein. Arguably, that is limited to the restrictions in Paragraph "D" of the covenant. If the applicant wishes to be released from all of the covenants, there is a separate provision that they must go through, which is Paragraph "E" that says they have to get the approval of Point View Association, and then come before the City Commission for a public hearing. Chair Russell: So in your opinion, which conditions are they relieved of, and which are held? Mr. Min: So arguably, the ones that they're relieved of concern Paragraph "D, " which is the increased development capacity and the uses that were originally prohibited, which will now be allowed, pursuant to Miami 21, in Mr. Ruiz's interpretation. Chair Russell: And which conditions would remain in effect? Mr. Min: I don't believe Paragraph "D" addresses any other conditions in the covenant. Chair Russell: Okay. And so, to be clear though, it does not release the covenant; yet, it relieves them of certain conditions within the covenant? Mr. Ruiz: Yes, sir. Chair Russell: Is that--? Mr. Min: The covenant remains in effect, and it is not released unless the applicant wishes to go through a release process. City of Miami Page 68 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Understood. Commissioner Reyes: It is a relief instead of -- Mr. Min: It is a relief, and not a release. Commissioner Reyes: Its not a release. Chair Russell: Correct. Correct. Did you want to address the dais? Jeffrey Bercow: Yes, sir. Thank you, Mr. Chair, Commissioners. My name is Jeff Bercow. I'm an attorney with the law firm of Bercow Radell Fernandez and Larkin, 200 South Biscayne, in Miami, here today on behalf of the owner of this property, Babylon International. And I agree with the statements made by both Mr. Ruiz, and I believe I agree with Mr. Min. I'm not sure exactly what conditions he was referring to, but I do want to point out that -- I will be brief -- this is the sixth time this matter has been on your agenda. This is a property rights matter; it's not zoning. And this is not removal of a covenant, as Mr. Leal referred to earlier in his remarks during the public interest section. So this covenant was proffered in 1983 in connection with a rezoning from a pure residential district to the RO 3/6 District. The purpose of the rezoning was to allow limited commercial uses on the property, because the residential uses were not doing well. They either weren't leasing or they weren't selling. So they entered into this agreement. This covenant was an agreement with the Point View area in which the Point View area agreed to support the RO 3/6 zoning, provided that there were certain restrictions in this Babylon Apartments Building. These restrictions were along the lines of no medical and dental offices; you could only have residential on the top floor; could only have parking on the ground floor, et cetera. But you could have -- and they agreed to having certain limited commercial uses, like offices and banks, and those -- that's what was in the restrictions. And the property owner at the time was represented by Bob Traurig. And let me tell you why this man was the king of zoning attorneys. He was a genius, and he created something here that indicates why his firm is a great firm and is now internationally known. He recognized that if conditions changed, the applicant can come back, or if the applicant decided that he wanted a different use, he could come back and ask for a release of the covenant, and that would need a public hearing. Or he could come back and ask for a modification, and that would need a public hearing. But he also thought it would be a good idea, given where this property is located, virtually on the bay in downtown Miami to have a third remedy. I think he and his client recognized that Miami might someday become a great cosmopolitan international city. And if that was the case and the zoning kept up with the changes in the City, what would happen if the zoning for the area changed so that the FAR became five times what it is today? What would happen if the zoning uses changed so that a pure commercial building could be built in this area? Why should this property be burdened with some of these silly conditions in the covenant to the effect of, you know, you can't have dental or medical offices, residential only on the top floor, et cetera? And that, in fact, is what happened. We have Miami 21 that was adopted in 2009 in order to recognize the fact that this city is not a suburban city anymore. It is a major international city, and we have changes in the zoning that reflect that. And you have two Zoning Administrators who have issued separate zoning verification letters, each of which have said that the permitted FARIFLR (floor/lot ratio) on the property has substantially increased over what the covenant was anticipating at the time -- what was in effect at the time, and a structure in the T6 -8-R transect can be totally commercial. Therefore, the conditions in the covenant, which are more restrictive than the new district or regulations -- that's the language of the covenant -- those conditions, which are Conditions I through 11, should be --the property should be relieved of those conditions. That happens by the City Attorney executing an affidavit, and that document being recorded in the public City of Miami Page 69 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 records, and that's what we would like you to direct the City Attorney to do today. This is what we asked the City Attorney's Office to do in January of last year. And frankly, it shouldn't have taken six scheduled items on the City Commission's agenda for that to happen, but we'd like you to direct them to take the appropriate course of action today. Chair Russell: Thank you. Mr. Bercow: Thank you. Chair Russell: I -- it wasn't my intention to give direction to the Attorney, but really, this was the Attorney's discussion item, and they have their own administrative action to take forth. So is there -- do you have any response to that? Are you in accord with that? And what is your next step? Mr. Min: I would agree with the statement that you made, Mr. Chair, that there is no action of the Commission that is actually necessary. We've simply put this on the agenda to let you know, based on the Zoning Administrator's interpretation and concerning the two conditions that are found in Paragraph "D" of the covenant, our ojfice will now be filing a certificate with the public records. Chair Russell: Thank you very much. You hada comment? Mr. Leal: Yes, I do. Chair Russell: Regarding? Mr. Leal: The item that we're discussing right now, DI.3. Chair Russell: Briefly, please -- Mr. Leal: Of course. Chair Russell: -- because we're not here to try a case. This may end up in a court somewhere at some point, but we're not that court, so we have a Zoning Administrator's opinion, as well as the City Attorney's opinion, and then the applicant's opinion. Mr. Leal: I just want to make a few points clear. When you talk about silly conditions, the conditions that were voluntarily agreed are not silly for any of the neighbors that are here. First -- Chair Russell: Are you in disagreement that they would be relieved by the conditions that were --? Mr. Leal: Yes, I am. Chair Russell: Okay. Mr. Leal: And the reason is because actions speak louder than words. The certificate that was submitted provides for relief from I to 12 of the covenant. I think the position of the City Attorney's Office is that that would require a -- Paragraph "E" would require Point View's approval, and then a subsequent City Commission meeting. That has not happened here. Chair Russell: That's for release of the covenant, correct? City of Miami Page 70 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Leal: Correct. Chair Russell: This is not a release of the covenant, and I think that needs to be clarified. Mr. Leal: We haven't -- of course, Commissioner. Chair Russell: Yeah. Mr. Leal: But we have not seen what ultimately will be submitted by the City Attorney's Office as it relates to that restrictive covenant and that declaration that is required here. So we want to make abundantly clear that the reason that we're here is because they're not silly conditions, and what was proposed here, we strenuously object, which is there might be some. And we appreciate the Commissioners' additional time, and we also appreciate our Zoning Director reviewing this matter again, and drawing -- I think for different reasons -- the same conclusion. But if you read the letter that was provided to us yesterday, it's very different when it relates to the position that was taken of what gets released or what gets relieved. I think that it would be prudent if the City Attorney's Office takes a limited role in deciding what and what does not. And I would object for the record that the City Attorney's certification that was probably prepared by the developer is not the position that they're taking today, here, and not the one they're taking the last time they were here. It's very nice to come and say, "Eddy," or "Mr. Leal is saying this or that." The reality is -- the actions speak louder than words. If you look at what they submitted and you look how they've tried to rush this process, it's because they want to have the runaround and remove all of it. To be clear, there are certain provisions that remain applicable, and they have failed to do anything to get the relief and the release of those items. Chair Russell: Thank you. Mr. Leal: That's what I wanted to make sure that (UNINTELLIGIBLE). Chair Russell: Your statement's on the record. I appreciate that. Thank you very much. I think we're all good on this discussion item. Thank you. END OF DISCUSSION ITEMS City ofMiami Page 71 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 Itt0]NINZKO]A9:1;8DINA Chair Russell: Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute Section 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period 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 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 present its application and request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code, providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City 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, Madam City Attorney. Before we do the swearing in, Director Garcia and Administration, is there any -- are there any items for the Planning & Zoning agenda that you'd like to defer, continue, or withdraw? Francisco Garcia: Yes, please. For the record, Francisco Garcia, Planning Director. Items PZ. 13, PZ. 14, PZ. 15, and PZ. 16 have been requested for a deferral. These are the land use and zoning changes for the project known as Liberty Square. Chair Russell: Thank you, sir. If you're here to speak on that item, there's -- it's not necessary to speak on the substance. If you'd like to speak to the deferral, that's fully acceptable. But that's PZ. 13, 14, 15, and 16. I believe we also have to do something procedurally with PZ.5, 6, and 7? Ms. Mendez: Yes, but we'll wait till those items are actually dealt with, with 1, 2, and 3, when we start. Chair Russell: So we'll leave all six in play until 1, 2, and 3 are dealt with, and then City of Miami Page 72 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Ms. Mendez: Until 1, 2, and -- until that item -- until we start talking about 1, 2, and 3; at that point, we'll -- Chair Russell: Understood. Ms. Mendez: Thank you. Chair Russell: Are there any other items to defer, continue, or withdraw? That's it? Mr. Garcia: Not at present, sir. Chair Russell: Is there a motion to that effect, please? Todd B. Hannon (City Clerk): And so, Chair, 13, 14, 15, and 16 are being deferred till when? Mr. Garcia: To the next like meeting. I'm sorry; "continue" is what I meant to say. Thank you for the correction. Mr. Hannon: So then those items will be continued till April 25? Chair Russell: Correct. Mr. Garcia: Please. Chair Russell: Correct. Is there a motion, please? Commissioner Hardemon: So move. Commissioner Reyes: Second. Chair Russell: Moved by Commissioner Hardemon; seconded by Commissioner Reyes. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Russell: And we will start with public comment, please. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. Good afternoon. If you'll be speaking on any of today's Planning & Zoning items -- any of today's Planning & Zoning items -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Commissioner Hardemon: Thank you, Chair. Chair Russell: Thank you very much. We'll begin with public comment, so anyone who would like to speak on any of the items remaining from the morning agenda that have not been dealt with yet. Please don't address any of the items we've already dealt with. The only remaining from the morning is the DI.3 discussion, Declaration City of Miami Page 73 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 of Restrictions, which is also known as the Babylon issue; and then, any of the afternoon's agenda items, of course, you're free to speak on, as well. So if you would like to speak, please line up at either of the lecterns; that way, we'll alternate quickly back and forth between. As I mentioned, you each have two minutes. State your name and the item you're speaking on, and we'll go ahead and get started. Javier Soto: Thank you, Mr. Chairman, Commissioners. My name is Javier Soto, present CEO (Chief Executive Officer) of the Miami Foundation, 40 Northwest 3rd Street. I'm here to speak on Ordinance 5119, and to express the opposition of the Miami Foundation to placing amusement park -style rides on Ferre Park in downtown Miami. We believe that Ferre Park can bean iconic signature space for this community. We would welcome an opportunity to work on a comprehensive plan to develop that world-class vision for Ferre Park that has been lacking for so many years. We look forward to engaging in that conversation, but we believe that this would be a step backwards towards accomplishing that kind of world-class vision for this park that the residents of Miami have been promised for decades now, and I believe truly deserve. Chair Russell: Thank you very much. Mr. Soto: Thank you very much. Chair Russell: Thank you, Mr. Soto. Mr. Bercow. Jeffrey Bercow: Thank you, Mr. Chair, Commissioners. I don't know if you want to deal with this DI.3 item now or after the public comment is -- Chair Russell: Right after public comment. Mr. Bercow: Right after public comment? Chair Russell: Yeah. Mr. Bercow: Thank you. Pat Gajardo: Good afternoon, Mr. Chairman, City of Miami Commission, City Attorney, City Manager. My name is Pat Gajardo. I reside at 1432 Northwest 28th Street, and I'm here to speak on PZs.17 through 19, also known as the Miami Produce Center. I was born and raised in Allapattah, and I've lived here for over 40 years. I am Co -Founder of the Allapattah Neighborhood Association, and am currently serving as its President. As much as I would have liked to be here in full support of the Miami Produce Center SAP (Special Area Plan), certain actions, over the past week in particular, has forced me to rethink my position. Last month, we formed a coalition of Allapattah stakeholders in hopes of putting together a CBA (community benefits agreement) for the Miami Produce SAP. This diverse group is comprised of long-time residents (UNINTELLIGIBLE) renters, homeowners, business owners, laborers, community organizations, and faith leaders, among others. Our group has met over -- three or four times over the last month, working feverishly to create a pact that would be both beneficial and representative of the needs in our community. Last offer -- last Friday, to offer full and complete transparency with all parties involved, we agreed to hold a public negotiation between our coalition and the developer, with each side having one spokesperson to represent the respective group in the negotiations. Unfortunately, it got us nowhere. Without inundating you with the particulars, all I'll say is that they basically said, "no" to everything we proffered, except agreeing to commission public art by local artists. Many of us who observed that meeting walked away disappointed, and feeling the developer had no intention of negotiating with the community. With some City of Miami Page 74 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 grandstanding and condescending tone, they failed to take advantage of a great opportunity to possibly gather from those in attendance full and complete support of this project in time for today's Commission hearing. Oddly enough, it seems we found a way to create a bigger wedge between the community and the developer. Chair Russell: Thank you very much, sir. Mr. Gajardo: I'd like to end -- Chair Russell: If you could just wrap it up. Mr. Gajardo: All right. I'd like to end with this: If your goal as a Commission is to empower the people of the community of Allapattah in helping define a true community CBA, then I request that you either postpone, continue, or defer this item until that takes place. Thank you for your time. Chair Russell: Thank you very much. Sir. David Holtzman: Good afternoon, Commissioners. David Holtzman, 590 Northeast 59th Street. I am the past President of Morningside Civic Association. I remain a board member till this day, and I'm here speaking in that capacity today. Morningside has come to various -- by the way, I'm here on PZs.1, 2, and 3, Magic City. Morningside neighborhood has come to PZ -4B (Planning, Zoning and Appeals Board) meetings, City Commission meetings, and placed their concerns on the record a number of times, and I wanted to do that again today. I also am here speaking on behalf -- or in unison with Palm Grove and the Bay Point neighborhoods that are also aligned with some of the concerns that we have as Eastside neighborhoods, Upper Eastside neighborhoods. The one thing I want to focus on today -- because I know you'll hear about a number of other development issues -- is the request for liquor licenses, or the ability to have establishments that are open till -- I till 5 a.m., and, I think, 10 till 3 a.m. These establishments are businesses that derive 51 percent of their revenue from alcohol sales. That is different from restaurants that derive 51 percent of their sales from food sales. And those liquor licenses can be achieved in addition to the 11 that are being requested. So -- and the reality is, is that in Magic City, there may be 20 plus restaurants, nightclubs, and bars. But these 11 in particular that are requesting 3 a.m. and 5 a.m. liquor license is nothing other than the creation of a nightclub zone. And it is that thing that we would ask that the Commission think about today if it's taking action. We can look quickly at South Beach, for example. South Beach has been dealing with this conflict for 25 years. They have taken at least three of the neighborhoods that are constantly dealing with this conflict between residential and commercial uses and restricted liquor licenses so that they are stopping sales at 2 a.m. They stop outdoor sales at 12 a.m. We would ask that you enter into any development order or condition from the Commission that restricts alcohol and outdoor noise activities; no later than 12 p.m. outside and 2 a. -- 12 a.m. outside; 2 a.m. inside -- Chair Russell: Understood. Mr. Holtzman: -- so that the neighbors of the Upper Eastside can sleep in peace. Chair Russell: Thank you, Mr. Holtzman. Mr. Holtzman: Thank you very much. Chair Russell: Thank you. Sir. City of Miami Page 75 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Andrew Velo Arias: Good afternoon, Commissioners. My name is Andrew Velo. I'm with Related Urban. I'm here in support of Item PZ.20, 5310, which is an amendment to Section 3.15 of the Miami 21 Zoning Code, which would allow for developments that abut T3 zones to go by -- via an exception. We are in support of this ordinance, given the fact that we are in the midst of an affordable housing crisis in the City of Miami, and in an effort to increase that supply, we are working on various developments that in part of the site abuts T3. As you may know, several large sites that we have with -- in partnership with Miami -Dade County Public Housing abut multiple zones, and some parts of those sites may abut a T3 zone. This ordinance would allow us to carry forward with the development plans that we have for those sites, and allow us to continue delivering affordable housing units to the City of Miami. We ask for your support for Item PZ.20. Thank you. Chair Russell: Thank you. Anda reminder: After you speak, please exit so that others may come in to speak. Thank you. Mark Billings: Commissioners, welcome. Thank you. My name is Mark Billings, 5960 North Bayshore Drive; ex -President of Morningside Civic Association; current board member; speaking personally for today. So from -- speaking on PZ. 1, 2, 3, Magic City. There is a significant amount -- I haven't done the calculations -- of unused FAR (floor/area ratio) in the 79th Street Corridor that is yet to be developed. It is the high-density zone for the Upper Eastside. We haven't even begun to see permitting get started in that 79th Street Corridor, and when it starts, it's going to be extremely, extremely significant. Any consideration of up -zoning of the support in residential neighborhoods of what is Magic City planned is a significant oversight, and just out of sequence to the development in the future of the Upper Eastside, and we simply lack the transportation planning to be able to handle that as it stands today. We are actively working with the Florida Department of Transportation to reduce speed and increase residential and retail zones along Biscayne Boulevard. To throw more traffic and more height zoning at this time into the area could just be the tipping point for the neighborhood, and when 79th Street comes online, create a level of gridlock that is impossible to call it quality of life. Thank you very much. Claudia Roussel: My name is Claudia Roussel, from 10 Museum Park, and I'm an opponent for PZ.12. Commissioners, parks are not for rent or sale. When one puts structures in a park, it isn't a park anymore. Residents living downtown moved there in part because of those parks. Please respect their needs and their wishes. Chair Russell: Thank you. Kitty Roedel: Good afternoon, Chairman Russell and Commissioners. My name is Kitty Roedel, 4181 Malaga Avenue, Coconut Grove, Florida 33133. I'm speaking here today to request a modification to Ordinance 5119. Specifically, I am requesting that Maurice A. Ferre Park be eliminated from this ordinance. In January, the City Commission unanimously approved the renaming of this park. At that time, each of you spoke eloquently and respectfully about making sure the park lived up to the standards of the man you were naming it after, and each of you pledged to make that happen. So today, we request that you not endanger the Maurice A. Ferre Park with even the possibility of any permanent future amusement park attraction. And if the language remains in the ordinance, it will be law, and that could happen. So please strike Maurice A. Ferre Park from the ordinance today. Thank you for your consideration. Chair Russell: Thank you very much, Kitty. Horacio Aguirre: Chairman Russell, Vice Chair Gort, good afternoon. Two items, sir; one official, one personal. First one -- Horacio Stuart Aguirre, as Chairman of City of Miami Page 76 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 the Miami River Commission, here on Item PZ. 11, reminding you that we have a very serious flooding problem. We had one just 10 days ago when we had a beautiful, wonderful, but very powerful supermoon shining over Miami, and the banks of most of Miami River and the canals, tributaries, and many of our City parks were flooding that beautiful evening. We're hereto request that you seriously take this up today and raise the freeboard. And the freeboard is what we define as the level of the floor from the flood plain, five feet. That's a small price to pay when you consider the cost and damage of a flood, and you consider the savings in flood insurance. On a personal matter, sir, Horacio Stuart Aguirre, proud resident of Allapattah, District 1, Miami River District, 1910 Northwest 13th Street, here on the matter of the Miami Produce Center. This is a wonderful project. No project is perfect. This one has things that need to be tweaked and improved. I am concerned about gentrification in my community. I love Allapattah; intend to live there another 20 years. So here's what I propose, sir: I propose we pass this today on first reading, request that all sides go back to a voluntary mediation. And I stress "voluntary," because my legal advisors tell me that we have no authority to mandate a community benefits agreement. But I do believe the developer has every desire to be a good neighbor. Let's hammer something out, or better yet, negotiate something out, and bring it back to a second reading. Thank you, gentlemen. Chair Russell: Thank you, Mr. Aguirre. Deborah Stander: Good afternoon. My name is Debby Stander, 830 Northeast 74th Street. I'm here to speak today on PZ.2, the Magic City Special Area Plan, and I would like to request a deferral of a vote on the plan today. Commissioners, I'm here to just make one point today, and that point is that the process that we're now participating in to consider this Magic City Special Area Plan is deeply flawed. I would like to request that any vote on this or any other future special area plan be deferred until the flaws in the process have been corrected. Specifically, Commissioners, it is a mockery to use the term, 'public benefits," when the actual public, who will be impacted by the project, has been denied any opportunity to engage in a meaningful discussion of what those benefits could or should be. I asked for a town hall meeting months ago, without result. And I know of others who share my frustration. What other opportunity are we going to have to be able to ask questions, get answers, and discuss the finer points of what the project is going to mean for the community, at length? To ask us to come here on the day of voting, and in two minutes, somehow or other to be able to resolve all the issues that a community has for projects of this magnitude is a flawed process. On its face value, it's clearly unfair that the public should be shut out of the process and denied the opportunity for a public hearing to discuss a project of this size. I'm asking that the Commission defer its vote on this special area plan until a sufficient number of duly noticed public hearings have been held to allow the voice of the public to be heard loud and clear. Chair Russell: Thank you. Thank you very much. And it should be noted this is the third hearing of first reading of this particular item. And so, I just want to -- everyone to recognize that there has been significant public comment each time, each and every time this has been brought up. You're welcome to speak your mind; of course, that is your right. I would encourage you to speak about the new elements that have been brought about. If you could -- it would be more productive for your comments to go that direction rather than repeating what we have heard on the record. Ms. Stander: But there's no give and take -- Chair Russell: I'm sorry, ma'am, please. City of Miami Page 77 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Ms. Stander: -- in a forum like this. Chair Russell: This is -- that -- this is the way we operate as a city, and it is a proper forum. This is a public hearing where everyone has a reasonable right to be heard, but it is not necessarily a town hall or a roundtable. Ms. Stander: This process is flawed. Chair Russell: Please, ma'am. Ma'am, you've stated your case on that, and I understand your opinion, but I'm here to tell you this is the process of Miami that we have for the community to engage with this dais at the time of voting on an issue. You're welcome to have other community meetings within the community that are more roundtable and town hall style, but here, we have a two -minute -per -person limit. But each time this has been brought up, we have had hours and hours of public comment for us to take input and consider your positions, your opinions, your opposition, your support. So I do stand by this process, but I certainly respect your opinion. Thankyou very much. Eileen Silio: Good afternoon, Chairman Russell, Commissioners. Thank you for the opportunity. My name is Eileen Silio. I am a resident at 2925 Northwest 24th Avenue, in Miami, Florida, City of Allapattah. I'm also a real estate broker, and I'm also one of the co-founders of the Neighbors of Melrose Park Neighborhood Association. I am here to speak in favor of Item PZAB.17 through 19, which is known as the Miami Produce Center SAP. One of my fellow community members spoke earlier and mentioned that they had set up a coalition to discuss bringing forward the community benefits agreement in unison, as a united entity. However, what I found from attending many of those meetings was that we ended up in completely opposite sides of the spectrum. We had an entire side of the table saying that we were completely in favor of the project. We had the other side of the table demanding some pretty incendiary language within this Community Benefits Agreement. I stated many times that I was not in favor of that language. We also stated many times that we'd like to see it removed. However, none of our opinions were taken into consideration, and the actual agreement that was presented had even more -- I wouldn't even say "teeth" -- it had more fish hooks. And coming from a commercial real estate lending background, I can tell you what they are doing to try and stall and defer this project is going to ultimately cause this project to be completely un -financeable. As a resident in Allapattah, growing up and trying to raise a family here has been extremely challenging. I was actually gentrified from Shenandoah into Allapattah, and I found that there are -- a lot of the things that I had access to services that were mainstream services, they were not offered or allowed, or present in Allapattah. A project like this one will wake up the economic need that is in Allapattah; hopefully, will encourage other projects to surface in Allapattah, such as this one, and it'll continue to encourage private development. If we agree to start stalling and deferring projects by agreeing to outrageous demands, that is a message that I prefer we do not deliver. Thank you for your time. Chair Russell: Thank you very much. Emilio Calleja: Mr. Chairman, Commissioners, my name is Emilio Calleja, 401 Biscayne Boulevard, speaking to the amusement ride in the parks. I guess I'm here wearing two hats. I was part of the effort to rename Museum Park for Maurice A. Ferre, which all of you voted unanimously for; and part of the celebration that we did in his naming ceremony in the park on January 31, which I think went rather well, and the Mayor deeply appreciates. I'm here to speak against the amusement ride in Maurice A. Ferre Park. And wearing my other hat as a merchant at Bayside for the last 30 years, I am in favor of a Ferris wheel behind Bayside, which was the original purpose. I don't know how all the other parks got dragged into this and has City of Miami Page 78 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 created all this controversy, but it's a simple Ferris wheel that can provide an added attraction to Bayside, supported in concept by the neighbors, by the merchants, by management, in a place that's a grassy area, right behind Bayside; not part of either park. So again, I urge you to not allow the amusement ride in Maurice Ferre Park. I think there's other great uses for it. I'm in favor of allowing the process to go forth to build a Ferris wheel behind Bayside. Thank you. Chair Russell: Thank you very much. Damian Pardo: Good afternoon, Commissioners. My name is Damian Pardo, and I sit on the board of the Morningside Civic Association. I represent an area of about 80 homes. Basically, every neighbor I've spoken with is concerned about the height and density for Miami [sic] City District. We would ask to defer Items PZ.1 through 3, Miami [sic] City District, mainly because, number one, the traffic. If you have any doubt, please go to Biscayne Boulevard and 36th Street, between 4 and 7, any day of the week, and you will see what it's like to try to get anything through there. Aside from that, the overflow from Biscayne Boulevard cuts directly through our neighborhood, so we don't have sidewalks. We have cars zipping by with strollers and kids, and dogs, congestion. It's changing the quality of our lives. We're very concerned about the safety and the livelihood of the neighborhood. We object to the entertainment and nightclub zone issuance of 5 a.m. and 3 a.m. liquor licenses. We're concerned with late-night noise. It's not a family friendly environment. We're concerned about the drunk driving, perhaps crime, unruly behavior that that kind of permitting brings. Our neighbors are also very concerned with the unplanned gentrification. We think long-time residents and boutique neighborhood shops, like the Honey Tree, have already been displaced. We think the SAP will further erode the very fabric of what makes our neighborhood attractive. We need better community-based planning. Thank you. Chair Russell: Thank you very much. Alexander Afanasyev: My name is Alexander Afanasyev, and I'm a owner and resident in Blue Lagoon Condominium, and I'm speaking here to oppose the Item PZ.8. While I'm in general support of new developments in the community, as it would definitely improve our lives and improve properties that -- property values, I'm quite opposed to this specific item as there was a problem in the first place, and no substantial progress to resolve the problem. Specifically, the new property is like -- I think it's proposed seven new buildings, so it's supposed to share the same narrow access road to -- as our building. And from the latest information that I kind of heard, even though this information very, very scarce, available, the proposal is to increase lanes, like three lanes, but the new configuration of all this road, it will substantially increase the traffic, the complication of the traffic, and I have never heard -- haven't heard about improvements of bicycle access, pedestrian access. So this is like for me completely unacceptable, and I'm really, really scared to walk, like right now, already, and I'm not sure how the situation will worsen with the new construction and (UNINTELLIGIBLE) improvement, substantial improvement of the access road. Chair Russell: Thank you very much. Mr. Clerk, if you could reset the clock, please. Thank you. Warren Perry: My name is Warren Perry. I reside within the Little Haiti neighborhood; not Lemon City, not Magic City; Little Haiti. So far, all I been hearing about, that the housing in the area is affordable housing and workforce housing. There's no mention of low-income housing, and those are the people who'll be displaced if this development is allowed to go forward. I think the belief is that the neighborhood is just illegal residents or TPS (temporary protected status) City of Miami Page 79 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 residents, and people -- and since no other neighborhoods are built out or already built out, this might just be the last frontier. We have empty lots all along 62nd and 12th, 62nd and 22nd, 62nd and 18th. Magic City people, if you want to develop something, develop something in those areas. Those are areas that have been vacant and empty for years. Commissioner Hardemon, we can do better. $31 million is not enough. Also, if you decide to go forward with this development, look forward to nonviolent protests. We will sit in, we will lie in, we will drive our cars at two miles an hour down the street to keep your trucks from getting into the development. Mr. Ken -- Mr. Russell, thank you for holding the line. I'm quite sure if you acquiesce to Magic City, your issue in the West Grove might get resolved at your next Commission meeting. Commissioner Hardemon: Sir, sir, sir -- Mr. Perry: Thank you. Commissioner Hardemon: -- sir -- Chair Russell: Commissioner Hardemon. Commissioner Hardemon: You said $31 million wasn't enough. What's the number you propose? Mr. Perry: Depends on the number that they -- Commissioner Hardemon: What's the number? Mr. Perry: -- ultimately decide to spend. Commissioner Hardemon: What's the number you propose? Mr. Perry: A hundred million. Give us a hundred million. Our neighborhood needs it. Commissioner Hardemon: And then you would vote for it if you had a hundred million? Mr. Perry: A hundred million. Give us a hundred million and low-income housing for those that are going to be displaced, because there's definitely going to be displacement; whether they say it's going to be that or not, low-income people will be displaced. We need more low-income housing; not just affordable -- Commissioner Hardemon: You mean -- Mr. Perry: -- not just workforce. Commissioner Hardemon: -- rental housing? Mr. Perry: Rental, yes. Commissioner Hardemon: So you're going to be able to live in it for a year, and be moved out the next year? Mr. Perry: We'll see. Thank you. Chair Russell: Thank you for your comments. Ma'am. City of Miami Page 80 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Fran Fenton: I'm Fran Fenton. I'm a board member on the DNA (Downtown Neighbors Alliance), and also today speaking as a private citizen. I live in I Miami, which is on 335 South Biscayne Boulevard, in downtown. I'm here to oppose Ordinance 5119, PZ.12. Good afternoon, Mr. Chairman and Commissioners. Frankly, I'm surprised we're even discussing allowing amusement park rides in our cherished Bayfront Park and Maurice A. Ferre Park. At least twice a week, I walk up the bay walk from Chopin Plaza to Bayside Market, where I have to cut across to Biscayne Boulevard before rejoining the bay walk, after passing American Airlines Arena, and continue on the bay walk to the PAMM (Perez Art Museum Miami), and then turn around and retrace my steps. Do you not realize that thousands of landlocked cities can only dream of having a peaceful waterfront trek to cleanse one's soul and enjoy Zen moments? I'm plagiarizing another writer who called these rapidly disappearing green spaces "sacred ground." After considerable planning and expense to construct this amazing bay walk, does it make sense to pollute the sacred ground with noise producing amusement park rides? Once this park is converted to an amusement park, it's gone forever; like allowing the arena to occupy waterfront property, permanently depriving taxpayers and visitors a good chunk of uninterrupted waterfront walking. The noise associated with amusement parks is incompatible with the enrichment activities, like opera, Shakespeare, yoga, and even dog -walking, and the children's playground. Please vote "no" on Ordinance 5119, PZ.12. Thank you. Chair Russell: Thank you very much. Ma'am. Shelia Quigley -Martinez: Good afternoon. I'm here to speak on PZs.17 through 19, the Miami Produce Center Project. I reside at 2460 Northwest 29th Street. My name is Shelia Quigley -Martinez. I'm a long-term homeowner and residents of Allapattah for the past 22 years. Thank you for the opportunity to speak in support of this project. Additionally, I'd like to thank the developer for venturing into our neighborhood and proposing such an Avant guard and non precedent project in the City of Allapattah. As a resident, the project will provide great economic impact and higher quality of life for homeowners; providing additional options in retail and restaurants that has, in more recent years, been minimal choices. I'm hopeful that the impact fees and additional tax revenues from this project will trickle down to the local schools, police, and governmental services; thus, providing all residents a safer and better community. While I acknowledge the housing rates are a concern, we must face reality that this is not only an Allapattah problem, but a problem across our entire country. To demand that one developer solve our country's housing costs and living issues is ludicrous. We are in desperate need of workforce and market rate housing in the community so that we can have more dispersion of economic populations, and we won't remain flat -lined. It is basic economics that a vibrant and successful community must have a dispersion of residents. Additionally, Miami's Health District is within Allapattah, serving the international community, and this particular project will attract additional medical communities as far as medical research and workers, providing them housing nearby, as well as business occupancies. I should note that I, too, have been participating in the coalition meetings for the past month. I was present at the meeting on Friday. I personally do not feel that the developer was rude or degrading in his presentation. Vice Chair Gort: Thank you. Ms. Quigley -Martinez: So I ask that you approve the project. Vice Chair Gort: Thank you. Chair Russell: Thank you for your comment. City of Miami Page 81 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Joseph Louis: Good afternoon, Commissioners. My name is Joseph Louis. I live in Little Haiti more than 18 years. I got my family live in that community. Like me, I have chance to work at the Fontainebleau so that Magic City SAP, when I look, I see good things for our community. So, like me, I have chance to at the Fontainebleau, like 16 years. Like every day, every night, you see so many people that have no job in this area. They have a problem to pay rent. So that project is going to help more people have job. You going to see less people on the street. So, Commissioners, please, I ask your support, to vote 'yes, " to have Magic City. In the next few years, less people be on the street, less job for the police if more people going to have chance to have job. Thank you. Chair Russell: Thank you very much. Yuval Ofir: Chairman Russell and Commissioners, staff, thank you for your time, for your service. I'm Yuval Ofir, 294 Northeast 62nd Street, abutting -- adjacent the Magic City Project, which is the one that I'm here to speak about. I guess, you know, I'm not -- brevity is not my forte, so I'm going to try to do my best with the two minutes I have. I've spoken before when this issue was at Planning & Zoning, and I've spoken with the principals involved, and people in the community. I've been -- at the location I mentioned, my family's been there since the tail end of the '90s, and I've been running an artist co -working space therefor going on 10 years now. The issue -- like you said, this issue, Chairman, has come before your board, I believe, three times now; before Planning & Zoning, two times. Everybody's, I think, tired of kind of a back and forth, and I think it's important that we don't lose sight of the fact that it's because we kind of keep spinning around the same issues, and no one wants to come out as anti -development, anti -improving the neighborhood, or anti -- you know -- bringing jobs, and we kind of keep focusing on those three or four issues. But let's make the argument to say, rather than continuing to ask for deferrals, like we say, we keep -- can defer for another five years, 10 years. I don't think we're going to get anywhere. I think it's time to take a position and say, "Deny the SAP, " and do what should have been done, or should at least now be done, or just for the City to take responsibility for the growth of the neighborhood, whether you want to look at examples like Wynwood that has (UNINTELLIGIBLE), a BID (Business Improvement District), and that has a master plan for the entire neighborhood that creates a level playing field for the small businesses that have been working therefor decades, and been working to nurture the neighborhood, and to create growth, and the ones that create actual jobs that are sustainable, and create opportunity for growth, and the employees that are working them, and not migrant positions, construction work, server jobs that, you know, as soon as you speak up, or -- you know„ it's great we have the unions here -- but, you know, as soon as you step out of line, you're replaced. So it would be good to look at the businesses like (UNINTELLIGIBLE) Records that has been therefor over a decade, like Churchill's, like places that have stood the test of time and created jobs for the people in the community. And in closing, I ask that you please deny the SAP, in favor of creating a master plan for the neighborhood. Chair Russell: Thank you very much. Johnny Sanchez: Good afternoon, Chairman, Commissioners. My name is Johnny Sanchez, and I'm hereto speak in behalf-- opposition to PZ.8. I currently am a unit owner at the adjacent property, Blue Lagoon Condominium, and have been so since 2011. From 2011 to the current date, I could only tell you that the traffic has gone substantially worse. I don't know if you're familiar with our property at Blue Lagoon. There's one entrance, one exit only to Northwest 7th, only to go east or west. It's a nightmare getting in and out of there at peak hours, and it just -- in my mind, it's -- trying to use that same road in and out, whether it's two lanes, four lanes, six lanes, really, it -- in my mind, it doesn't make any sense, because I don't City ofMiami Page 82 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 see how you're going to alleviate the traffic. There's other properties going up on Northwest 7th Street, eastbound and westbound, and they're building more condos, and it's -- the traffic's just getting worse and worse. And I cannot see how there's a solution to a problem, other than maybe in the future widening Northwest 7th. And I don't know how they would do that with how -- with the proximity of the buildings and the properties, and the commercial properties that are there. And I -- you know, I look for a future of living there, hopefully, for the rest of my life. I love the property. It's improved tremendously since I've been there at Blue Lagoon, and I just -- in my mind, I don't see how that's going to get better, or how there's going to be a solution for me to get to work and back -- or get anywhere out in the morning, in the afternoon, because as it is right now, getting in and out of the property alone is a nightmare sometimes. So I just wanted to voice that, and thank you very much for your time. Chair Russell: Thank you for your comment. Hello. Maria Sanchez: (As translated by Seany Gault, Official Spanish Interpreter): Good afternoon. My name is Maria Sanchez. I belong in the district -- Chair Russell: Please raise the microphone just a little more; no, yours. Seany Gault: Oh, mine. Chair Russell: Thank you. Ms. Gault: Sorry. Ms. Sanchez: (As translated by Seany Gault, Official Spanish Interpreter): My husband also works in the Jackson Hospital. I come to talk about the PZ. 17, 18, and 19, in order for -- Miami Produce Center. I'm not really interested in everything that's happening right now. Okay. The City let this project advance with the application, with the special plan, without having the nine acres required. If you guys do approve this application, you will be giving the developer the opportunity to gain millions with this amount of land. Together with this, the developer has given the City very little benefits. This develop -- this Miami Beach developer does not want to contribute not even a cent to the affordable housing. He does not want to fix the Santa Clara Station, and he has not guaranteed the point of giving jobs to the residents ofAllapattah. We have seen that the -- this Commission has stopped other projects in order to give the opportunity to negotiate with this developer. He only got together one time with the community, and he was very -- he was not respectful at all. This should not be a very quick and easy process, because at the end, the only people that will be losing are the poor people from the area. Please do not give -- make any decision about this project today. Give us the opportunity to negotiate, you know, some correct and better benefits. Thank you. Chair Russell: "Gracias a usted "; a little extra time for translation. Deepak Matta: Good afternoon, respective Commissioners and the Chairman. My name is Deepak Matta, and I have a place in Blue Lagoon, 5085 Northwest 7th Street, Unit 601. I sent emails to everybody. As it is now, the ingress and out-gress [sic] to the condominium complex is a nightmare, especially in the morning and evening. And with our respective neighbors bringing more accommodation, more buildings and units, I don't know -- I cannot call it a nightmare. It's been much, much worse. So I'll make it short and sweet. I just respect everybody's opinion, and I respect the neighbors; I wish them well, but please do not allow this project. That is all I can say. Thank you so much. Thank you very much. City of Miami Page 83 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you very much. Sir. Jean Luc Adrien: Jean Luc Adrien, 3000 Biscayne Boulevard, Miami, Florida. Mr. Chair, I would just like to supplement the record on behalf of FANM (Family Action Network Movement) with a third amended statement of objections and evidence to reflect the changes in the application that the applicant has made since the last Commission hearing. I have copies ready to distribute to the City Clerk, the City Attorney, the Planning Director, and one copy for each of the City Commissioners. I realize that this would be right now the first time that you'd see this version of the statement of objections and evidence, so in that vein, we have prepared a very brief one-page cover sheet that summarizes our main concerns with this new, I guess, application, and what it contains. Mainly, it's the sum of $31 million in terms of community benefits; specifically, the fact that from that sum of $31 million would -- that sum would account for affordable and workforce housing, but also a variety of social programs, training programs, and the beautification of Northeast 2nd Avenue; whereas, I believe we are going in the wrong direction. From the developer's own words in their presentation that they made in November of 2018, there was a figure of $41 million for affordable and workforce housing that would create an engine, an affordable engine. And there -- in the -- and they had other ways to account for other social programs. For example -- lastly, to finish -- the beautification of Northeast 2nd Avenue was -- there was $50,000 guaranteed, and another $50,000 available through matching funds. And so, I just believe that this is going in the wrong direction. Thank you. Chair Russell: Thank you for your comments. Sir. Wilson Dorestant: Good afternoon. My name is Wilson Dorestant I have been in Little Haiti since I moved to the United States 11 years ago. I have raised my daughter here, and go to church on Northeast 2nd Avenue and 73rd Street, in Emmanuel Baptist Church. Today I am here to support, in favor of the Magic City SAP, because they have done the right things by negotiation with the community. Please approve this project. Thank you. Chair Russell: Thank you for your comments. Mr. Rattner. Sherman Rattner: Good afternoon. Sherman Rattner, 1809 Brickell Avenue. If I may answer your question, Commissioner Hardemon, on what would be acceptable - - well, I'll try to -- what would be acceptable to me, anyway. Chair Russell: Please address the Chair. Thank you. Mr. Rattner: Every project that comes before you, given the scale of the problem we face in the City, the County and the City is among the worst in the nation in regard to affordable housing, and we are getting worse. And this kind of project, essentially, they are offering 3 percent of the deal. That's even less than what you proposed in your inclusionary housing bill that you recently passed, where you said 7 percent would be affordable housing, or 14 percent would be workforce housing. So in my mind, given the scale of the problem, the simple reality of if you're serious about doing something about this, then you have to make developers -- whatever the project; whether this SAP project where essentially, the SAP is worth a hundred million dollars to these people, and you're taking back $33 million, I don't see how that's a very good deal. But in my mind, if you're going to begin to work through this problem, you have to demand 20 percent inclusionary housing from virtually every project that comes before you. Obviously, there are specific situations. So that's my answer to your number. You probably also recently saw that in an article, prosecutors, attorneys are being driven out of the County, because they cannot afford to live here; teachers, police, every level. How can you expect to do City of Miami Page 84 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 something about it when you are approving a project like this and you're taking back 3 percent out of the project? I feel great empathy with the people in Little Haiti, because the people in my building, the seniors there are being driven out. They're being driven out to Allapattah. People should not be driven out of their community to make room for giant, multimillion, profitable projects that you're giving away to them. Thank you very much. Chair Russell: Thank you for your comments. Michelle Relats: Hi. My name is Michelle. I work at District 1, and I lived in Miami all my life. I'm speaking about all Mia -- the Miami Produce Center. Let's talk about who this project is really for. In the developers' own economic analysis, they estimated that all 1,200 households will have a combined income of 83.6 million, which comes out to roughly 70, 000 a year per household. This also estimate that each household will spend approximately 13,000 a year in stores and restaurants, totaling about 16.7 million in spending. The average Allapattah household will need to make three times what they currently make to afford the average apartment at this development. Taking it a step further, the amount they expect each household to spend is the same as what some residents make an entire year. It is a lie to say this project is for us. This Miami Beach developer is offering very little in community benefits. This will not benefit the many residents living off Social Security or the single mothers struggling to raise their family on minimum wage. We are being told that this project will better our lives. The truth is this is a massive zoning increase to put millions of dollars in developer's pocket, and will increase the likelihood of people that look like me having to move. Please defer this project. Also, there are some residents that are on their way. I was wondering, would they have the opportunity to speak about this, as well, if they -- when the item comes up? Chair Russell: At this point, this is our moment for public comment, but we'll -- looks like we've got quite a while to go here, so perhaps they'll be here in time. Ms. Relats: Okay. Thank you. Eddie Arroyo: Hello. Yes, my name is Eddie Arroyo. I'm a resident in Little Haiti. I'm on -- live in 401 Northwest 42nd Street, and I'm speaking out against PZ. 1, 2, and 3 for the land use and special area plan. I think it's not beneficial for the community as it is. I think something like this, this massive in scale, the traffic, the displacement that's inevitable that everybody's been speaking out against, people say it is going to be inevitable, and I think it's not if it is not passed. So in terms of the comments about having this more of a transient neighborhood, because of rentals, this is a poor neighborhood. It's a working-class neighborhood. These people are human beings. They should not be displaced. If there was a plan that was offered that was given enough time to review to allow to have land and homeownership, then that would be something to consider. But the urgency, the rush to approve this SAP with the money that's being offered is highly suspicious, and also something I'm very concerned about. I think it should not be passed today, and hopefully that it'll be given more consideration as more people speak out against it. Thank you. Chair Russell: Thank you, sir. Victor Gadino: Hi. Victor Gadino, 50 Biscayne -- Chair Russell: A little closer. Sorry, I can't -- Mr. Gadino: -- Boulevard. Victor Gadino. This is my worst nightmare, public speaking, and I feel like I was just here fighting Ultra, and I'm having the nightmare City ofMiami Page 85 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 again. That's so soon. I feel like I was just here. But thank you for Ultra, for moving that monster. Okay. So I lived my whole adult life on the Upper East Side of Manhattan, because I love the energy of a big city. And then I left New York, and bought -- spent all my money to buy a home at 50 Biscayne. But after living therefor three years, I feel sometimes like a second-class citizen. I mean, downtown has so many problems, between the dumping of the homeless population in our area, the traffic nightmares that are constant with the arena; and Flagler Street, which is becoming a ghost town. In three years, it's shocking how it's gone down since -- even since then. I just feel like the park is one of the few positive things that downtown residents have going for us, so please protect it. Please save the park. That's it. Thank you. Chair Russell: Thank you for your comments. Sir. Eugene Walton: Chair, Commissioners, good afternoon. My name is Eugene Walton. I live at 900 Biscayne Boulevard. I'm here in opposition to PZ.12, the amusement park ordinance. Bayfront Park and Maurice Ferre Parks are the life blood of downtown; they're our lungs; the place we go to for quiet walks, contemplative times; not to be on some amusement ride. Save that for Coney Island. We don't have a Coney Island here, and I hope we don't -- I hope we never will. Please keep our parks green, keep our waterways clean, and vote "no" on PZ. 12. Thank you. Chair Russell: Thank you. Jose Colon -Villanueva: Good afternoon, Commissioners. My name is Jose Colon - Villanueva. I'm a homeowner at 900 Biscayne Bay. I'm here to oppose PZ. 12. And I moved here three years ago, so I love the City of downtown Miami, and what it offers. Having parks in front of home -- of my home, it's a blessing. I also work for the airline industry, so I'm constantly traveling. And when I come home, the parks -- not only Bayfront Park, but Museum Park are a blessing for me, and it's a place for me to disconnect and be connected to nature. So I ask for your help so you can protect the parks and keep them green and safe. Thank you for your time. Chair Russell: Thank you. Michael Loveland: Morning --or afternoon. My name's Michael Loveland. I'm a resident of Palm Grove, Northeast 64th Street. And as well, I work in Little Haiti, near this -- the PZ. 1, 2, and 3, Magic City Development. I've been going to a lot of these meetings when they came and did outreach in the beginning, about a year or two ago, and it was kind of pledged as innovation, retail, residential. My biggest concerns right now are the multiple 5 a.m. liquor licenses that aren't being talked about; what the conversion of the warehouses less than half a block from my house could possibly be. These questions were brought up at different meetings, to no answer. It's -- to me, the SAP at this point hasn't been explained enough to give the community assurances that it's not going to turn into a crazy all-night nightclub/restaurant/bar scene, and for that reason, I can't support this at all. So thank you. Chair Russell: Thank you, Mr. Loveland. Daisy Mera: Good afternoon, Chair and Commissioners. My name is Daisy Mera, and I live on 5624 Northeast Miami Place. I'm here to speak on PZ. 18, the Miami Produce Center SAP. I originally was going to talk about the list of promises that we had heard developers give before. We don't have time for that, so instead, I'm going to focus on Allapattah. You know, a few years ago, the River Landing developers came with promises, as well, and they promised two major things. The City of Miami Page 86 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 first one was if -- they told the City if they were granted a waiver, which is similar to what the Miami Produce Center is requesting, they would attempt to acquire a parcel of land that would be used for open space, and then report back with progress to the City every single year. We've submitted a public records request for annual reports --for those annual reports -- excuse me -- and have received no answer; I assume because there is no answer; broken promise number one. The second thing they promised was that they spoke about how River Landing would bring jobs to local residents and committed to some outreach to Allapattah for employment, which would be a plus, except that we have no idea right now if any single Allapattah residents have been employed for this project. The City has yet to tell us how many Allapattah residents are working at the River Landing construction site, and the truth is that there was no reporting mechanism in the SAP Development Agreement, and there is no way of actually knowing how many Allapattah residents are working there at the site now; I'm assuming broken promise number two. So both of these are examples in Allapattah and reasons why we're asking for this project to be deferred, because we need to make sure that the projects that come in are -- have enforceable commitments and a community oversight board that is going to be responsible for keeping developers accountable for the promises that they're making to our City. We can't change what happened before at the River Landing Agreement, but we can do something with what's in front of us now. So we're asking for you to defer the Miami Produce Center until they make a commitment to the community's demands. It is at least what the community deserves. Thank you. Chair Russell: Thank you. Ital Benosh: Good afternoon. Ital Benosh, 50 Biscayne; in opposition to PZ.12, amusement ride ordinance. Mr. Chairman, thank you for the opportunity to speak here today. This is really a simple case of good intentions, and highly flawed process, resulting in a bad legislation; so bad that it shouldn't have seen the light of day, yet here we are again. The ordinance, as it stands today, took basically -- City Administration took the request of one business owner for a relatively small amusement ride, and produced an ordinance that allows any type of amusement ride, from a kiddy ride or a carousel all the way to a Disney -style rollercoaster, anywhere in multiply City parks; no protections to residents, around noise, around height, around distance from residential communities, and left it to this Commission or any future Commissions, in their wisdom, or lack thereof, to approve such exception. It is further confounding that after this very Commission a month ago identified the flaws in that ordinance and instructed City Administration to come up with a different path for that business' specific request, the ordinance that the City Administration came back with is virtually identical to the one that was placed before you a month ago, with the exception of removing a few Coconut Grove parks from that ordinance, and again identifying the downtown residents as a second-class citizen in the City. I ask you to send a very clear message to the City Administration by voting "no," and sending them back to the drawing board to find a solution for this particular business owner that will not jeopardize our City parks, our public parks, and our downtown residential communities. Thank you very much. Chair Russell: Thank you, Mr. Benosh. Matilda Kalaveshi: Hi, everyone. My name is Matilda Kalaveshi, and I'm a resident of 50 Biscayne. I am here today to ask your support to vote "no" on Item 5119, PZ.12. I thought getting through the hurdle of Ultra would mean having an opportunity for our green spaces to serve our community. Instead, here we are with a proposal of placing an amusement park in our backyard; not very amusing. I fail to understand how replacing a music festival with an amusement park is the solution in ensuring residents reside in a quiet and peaceful area. I fail to understand how we're so selective with the decisions we make about the parks, yet cannot even make City of Miami Page 87 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 the obvious choice when it comes to downtown families. Greater Miami downtown parks are treated as proverbial red-headed stepchildren. More importantly, I fail to understand how our elected officials look at Bayfront Park and think it's acceptable in this day and age to have a major city park look so decrepit and downtrodden. I fail to understand why we don't invest on improving Bayfront Park and have it cater to our community through educational events and gatherings instead of cheap thrills and disruptive affairs. I fail to understand how we call Miami a metropolis; yet, our decisions are so shortsighted, and we lack major vision. Today I ask you, Commissioners, to take a step back and re-evaluate. Why don't we strive to rival Hyde Park or Central Park, instead of rivaling mediocrity at best, and abject filth at worst? I think it's time for us all to up our standards. Thank you. Chair Russell: Thank you. Sir. Bean Blackett: Good afternoon, Mr. Chair, Commissioners. My name is Bean Blackett. I live at 5708 Northeast 2nd Avenue, and I am soon to be living at 5824 Northwest 5th Court. Both of those are in Little Haiti. My current address is about three blocks from Magic City. My new address will be about eight blocks from Magic City. And I'm here in opposition to PZ. 1, 2, and 3. I will reiterate some of the things that I said last time, but I will do it reading from a much more eloquent statement that Meena Jagannath has submitted to this body. So some specific aspects and questions that must be resolved before moving forward with this project include lack of onsite affordable and workforce housing. $31 million is less than the total value of benefits for the previously proposed benefits package. In fact, in the developer -- in developer's attorney, Neisen Kasdin's PowerPoint presentation, submitted into the public record for the November 15, 2018 hearing on PZ Items 1, 2, and 3, the estimated value of the housing benefit the developer intended to provide is listed as $41 million. See Neisen Kasdin's -- okay. Appendix "B. " The payment schedule of any funds to be given as a community benefit through the DA (development agreement) should disburse more money upfront, and any forthcoming money should be disbursed by calendar year, and not as building permits are issued to ensure that there is clarity on when new payments will come, and that the existing residents actually benefit from the money placed into the to -be -formed Little Haiti Community Revitalization Trust. While theoretically, there's value to establishing such a public trust, transparency and accountability must be paramount in its establishment. An arbitrary calculation of total benefit amount in exchange for allowing the developer to build its full request to development capacity -- Chair Russell: Sir, your time's up. Mr. Blackett: Okay. Thank you. Chair Russell: Thank you very much. Niels Johansen: Chair, Commissioners, good afternoon. My name is Niels Johansen. I'm a downtown Loft 2 resident, and I'm here to speak about PZ. 12. Quite frankly, I'm very confused and very saddened that we even have to talk about this. This is a repeat of what everybody else is saying. But we just got rid of Ultra. We finally got -- we -- I've been therefor 10 years and we have had nothing but problems with Ultra, and we finally got them out. And now, you want to put a permanent --you want to put a permanent amusement park in its place. I find it very sad that you could even think of doing that. We have so many other things that we need to focus on. We have -- first of all, we don't have the infrastructure in downtown Miami to support this kind of event. It's bad enough as it is. And till they invent flying cars, you know, then maybe we should hold off on putting more things into downtown Miami. Maybe we should look into -- invest your money and your efforts into a public transportation system that works. It works in other civilized City of Miami Page 88 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 cities around the world. Why can't we have it work here in Miami, as well? And finally, I just want to say I don't think that an amusement park could ever be approved to go into Coconut Grove and -- or down here, where you guys -- most of you guys live. Please respect our park in downtown Miami. It is a jewel, and it's so sad to see greed going forth in front of preserving that natural space and -- which is Bayfront Park and Museum Park. Thank you. Chair Russell: Thank you for your comments. Sir. Dawson Allen: I'm Dawson Allen. I work at 5706 Northeast 2nd Avenue. I'm here speaking in opposition to the SAP proposed for the Magic City Project. I guess that's PZ. 1, 2, 3 -- 1, 2, and 3. I think that because the exemption being asked for is so colossal that there ought to be a commensurately large allotment of low-income and affordable housing interspersed with the palatial condominia [sic] that are going to shoot up from the ground in Little Haiti, and potentially detonate a refugee community, a resident community that we have here in Miami that's not super - common around the country. And I think, also, that allotments of the workforce to be contracted ought to be obliged of the developers in any special area plan that goes through, hiring from the census area, the zip code folks from Little Haiti, as well as a whole lot of mandatory job training, and a wage floor that will allow people to benefit from whatever kind of development is going through. I'd like to continue a reading from Ms..7agannath's submitted statement. If they're allowed to build to full capacity without tying the actual development to firm, enforceable commitments, like onsite affordable housing, the City will be -- will likely be granting more value and entitlements than it is receiving from this deal. $4.03 per square foot figure is not the product of any reasoned methodology about how to ensure a cash in lieu payment is adequate for the goals of community benefits, such as inclusionary housing. Even if we were to assume the $31 million were being disbursed all at once, and all dollars were to be spent on affordable housing, at a very conservative estimate of the construction cost of each housing unit at $150,000 per unit -- yeah, good luck -- the full amount of the benefit will produce only 207 units. This is compared to the 21 percent total number of affordable workforce units previously offered -- Chair Russell: Thank you. Mr. Allen: --which would have yielded a total 552 units out of 2, 630 proposed units. Chair Russell: Time's up. Thank you, sir. Mr. Allen: Thank you. Pat Santangelo: Good afternoon. My name is Pat Santangelo, 7100 Biscayne Boulevard, Miami, Florida. I'm not being paid by anybody to be here. The reason why I'm here, 30 years ago, I was reading Miami Herald, and I saw that Rouse was getting ready to build a big development in downtown Miami, what's called Bayside. Being familiar with Quincy Market, South Street Seaport, Harbor Place in Baltimore, I realize this is a transformational project. I ran down to Rouse. I was one of the first people ever to sign a lease. I had two stores at Bayside when they were originally built, okay? The only reason why I had to leave, I had health problems. I developed cancer, and I had to sell the stores. But Bayside gave an opportunity to so many people. And today, the Bayside Trust is still helping people. Now, when I was growing up, when I saw rich people, I didn't look at them and say, "Oh, man, I hate those people. " I looked at them and I said, "How do I become like those guys?" Okay? And you don't get like those guys by working in minimum wage jobs and not having a good education. My parents never even went to high school, never mind graduate high school, but all four of their children graduated college. City of Miami Page 89 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 So, therefore, why not give the people in Little Haiti an opportunity to have a job that makes real money; not like the Amazon that you have over there in Opa Locka? They were paying people $12 an hour. Right now, because they were forced to, they're paying $15 an hour. You work there, you're still going to be poor at $15 an hour. That's why I have the same gut feeling about these people that I had about the Rouse Corporation. You have to look at the people that are behind the product; that's why I'm in favor. Thank you. Chair Russell: Thank you for your comments. Michael Louis: Good evening. (UNINTELLIGIBLE). Chair Russell: You need translation? "S'il vous plait." Mr. Louis (As translated by Cassandre Saint Louis, Official Creole Interpreter): My name is Louis Michael. I live in Little Haiti, 94 74th Street. Me and my kids, we grew up there. Now, they're letting me know that I need to leave the area. Where am I going to go? I've been in the country; that's where I've been living. When Igo to work, after work, I come back home. Now, if they ask me to leave the country, where am I going to go? I don't know what to do. I'm asking for support so you guys can tell me what to do; me, my kids and my wife. This is the reason why I came before you today. Thank you. Chair Russell: Thank you very much. With the permission of the public, I'd like to recognize Commissioner Eileen Higgins, who's visiting from the County, overlapping many parts of our City. If you'd like to address this body, please, we want to respect your time. Commissioner Eileen Higgins: Thank you very much. Good afternoon, everyone. Commissioners and City of Miami residents, thank you very much for letting me be here. I have two items that I would like to bring to your attention today. The first is PZ.20, which looks at how we can build more workforce and attainable mixed - income housing to allow a bit more density bonuses to do these things. And as Commissioner in District 5, I am fortunate enough to have quite a bit of underutilized County land that we are right now planning for both senior housing, very low-income housing, low income, workforce housing. And we have a very large piece of property, about 33 acres, where there are three buildings; that if we can just get a few extra floors on them, we would probably be able to build between 800 and a thousand additional affordable housing units. So this kind of flexibility is really important, because we all know that, quite frankly, a lot of the problems with affordable housing here is we don't have the land. And in our case, the County does have that flexibility. So I'm hoping that you will support that. The plans would still have to come back to you for approval, so there would not be any incentive for anyone to bring an outrageously, terrifically, horrible design to you. We would have to do it right, or you would not approve it, so I'm hoping you'll support that. I'm also here on behalf of PZ.12, both as a resident of downtown and elected official, who represents that area. And also, Mayor Ferre asked me to also come today just to remind you that downtown may look like a bunch of tall buildings when you live in a house with a backyard, but to those of us that live there, we walk our kids to school there, we go to church there. There's a daycare center right across from the park; there are two senior citizen centers; there's the oldest Catholic church in the City of Miami, and there are tens of thousands of us who call that home. And as we struggle in this County to talk about traffic, I will tell you that you want more people calling downtown and Brickell home so that they can raise their kids there and enjoy a park there, and get a good night's sleep there. And you, as Commissioners, have made amazing progress in toning down Bayfront Park from essentially being an events venue that's 24/7 to a place where this winter, we have been able to use the park, City of Miami Page 90 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 because it wasn't under construction as a concert venue for three months, and we appreciate that. So I do believe many of the residents are pretty open-minded about a nice, quiet Ferris wheel, but the idea of calling it an amusement park and basically, the only green space that's available to the people who live, worship, go to school, walk, and work, that wording and sort of the broadness of it is still not narrow enough. And my constituents are hoping that you will continue to work with them, as you already have, to make that as restrictive as possible, and as quiet as possible, so we might get a nice Ferris wheel, but we won't get one that's out of control, and we won't ever, ever create our parks as amusement parks when they are in residential neighborhoods. So thankyou very much. Chair Russell: Thank you, Commissioner Higgins, and thanks for visiting. The Attainable Housing Ordinance has been in place for a couple years now, and has been an incredible tool that has been underutilized, because it needed more flexibility and options, and this amendment will address that. So we look forward to working with you at the County. Commissioner Higgins: And we'll build them if you let us. Chair Russell: Thank you very much. Vice Chair Gort: I have to talk to you about 16th Street Northwest and 23rd Avenue. We got to discuss that one. Commissioner Higgins: (UNINTELLIGIBLE). Vice Chair Gort: Yeah. Chair Russell: Thank you, Commissioner. Orestes Bermudez: Good afternoon, Chairman and Commissioners of the City, and everybody present. I'm here talking in behalf of Blue Lagoon residents for the development next door, PZ.8. And it's already been a few times that we already have come here, presenting our case. If the development is allowed to be built in the conditions that they imply, there's no way nobody can move in and out of Blue Lagoon; and not only at Blue Lagoon, the whole 7th Street. Because of all the tolls that have been placed in 836, and all the things that are getting worse in the traffic, 7th Street will be like a parking lot, no matter how many lines you put in and out of Blue Lagoon. All the new buildings that they're putting up, and like two or three blocks from us, and in 42nd, they're going to build up a high-rise now in LeJeune and 7th Street. So for us, the quality of living is -- forget about it. And I just hope that the City Commissioners, the Chairman, and the Planning will take into considerations the situation and the conditions of living, and all the neighborhoods around the City; not only in our area, in Allapattah. It's everywhere in the City. Our transit system does not work, in my opinion. The 836, 112, turnpike, I-95 is a nightmare at all times. It took me an hour and a half to get here from where I came from, my work, to get to the City of Miami, because there were two accidents, and the traffic construction, and this and that, and it's impossible. So please take in consideration that the developments -- if you don't improve our quality of street and transit, you can build all the high-rises you want and you can get a lot of taxes, but a lot of empty places, too, because there's no way anybody here can live comfortable or at lease minimal conditions. Thank you. Chair Russell: Thank you, sir. Vice Chair Gort: Appreciate it. City of Miami Page 91 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Good afternoon. Jack Lieberman: My name is Jack Lieberman. I own a printing business in North Miami Beach. I'm also a member of the board of FANM, and I was a founder of the Haitian Refugee Center in Little Haiti. At that time, Little Haiti didn't exist, in 1978. And I'm here today to speak against the Magic City SAP and to ask for a moratorium. First thing I want to say is this: It should be obvious that the community is far from accepting this, and the community must have a seat at the table. They've repeatedly asked the developers and the Commissioner to have community meetings, and they've refused to do so. Therefore, even if you pass this today, this fight will not end; I can guarantee you that. It won't end in the streets, and it'll probably --legal action will betaken, as well. There has been, from what I understand, no impact analysis or impact statements made on this, which are required, both environmentally and as far as keeping the neighborhood intact, and benefiting the residents. Therefore, the community benefit agreements that might exist really can't be seriously negotiated, nor can you seriously deal with the zoning issues if you don't have those statements. And I want to say, I was active in a fight around Greynolds Park. We've stopped the development there, because there, there weren't adequate impact statements created. Also, there is no guarantee here for affordable housing. You all know about the situation in Miami. What type of city do we want to have? Do we want to have a city for -- where poor people and middle- income people can live, or do we want to push them out? Based on this development, it seems like we want to push them out. There must be onsite low- income and middle-income housing, and placements for Haitian businesses onsite, as well. Therefore, I suggest -- I would highly recommend that you put a moratorium until Miami 21 is revisited. Chair Russell: Thank you very much, Mr. Lieberman. Mr. Lieberman: Okay. I just want to say this won't end today -- Chair Russell: Thank you. Mr. Lieberman: -- if you vote for this. Thank you. Chair Russell: Thank you; you stated that. Is there anyone else outside the building still who hasn't gotten in yet? Everybody who wants to be in is in? Thank you very much. Please continue. Mark Call: My name is Mark Call, and I live at 50 Biscayne Boulevard. And before I start whining and complaining about the amusement park at Bayfront, I would like to say -- and thankfully -- you guys did the best things in your whole life when you voted down Ultra, because I feel so great now. And last year at this time, I was under attack. I could not live in my unit. I had to abandon my apartment. I had to take my grandkids to -- an unexpected trip to Disney World, and it was much better than being in my apartment. And so, thank you so much for getting rid of that atrocity, okay? Now, to whining and complaining about an amusement park at my front door: I'm against it, because, number one, I wouldn't want to wake up every morning and go to sleep every night looking out at an amusement park, because that would be really ugly. I think that's true. Number two, I wouldn't want to hear the noise of an amusement park from morning until night. Ferris wheel: I'm thinking somebody's going to go out and get one of those supersonic noise systems or sound systems, and they're going to be banging that from morning until night, because that's what they do at Bayfront Park. That'll be really bad. Most importantly, an amusement park at Bayfront would kill my property value. I paid premium value when I bought the place 10 years ago, because it was near an urban park. I'm from Boston, Boston Common. You pay premium prices to be off of Boston Common, City of Miami Page 92 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 because they treat it like a jewel. Here I am, Ultra. And I'm going down the elevator feeling great, and I see in the elevator, "Come to City Hall. There's a meeting about an amusement park at Bayfront " I thought it was some -- really, a cruel joke. I couldn't accept it as reality. But it's true. I'm here, and it's just unwarranted. And could I take -- Chair Russell: Thank you. Mr. Call: -- a vote here? Would anybody -- Chair Russell: Sir, we're -- time's up. Mr. Call: -- want an amusement park, you know, at their front door? Could I have a show of hands? Anybody first -- Chair Russell: Thank you. Thank you for your comments, sir. Mr. Call: -- would anybody want an amusement park? I take that resounding "no" as a thumbs down -- Chair Russell: Of course. Thank you. Mr. Call: --for an amusement park at Bayfront Park. It's official. You can gavel. Thanks for the -- Chair Russell: Thank you for your comments. Mr. Call: -- thank you, folks. Wendy Stephan: Hello. Good afternoon. My name is Wendy Stephan. I live at 101 Northeast 43rd Street, in Miami. I'm here on behalf of the Buena Vista East Historic Neighborhood Association. We've already submitted our letter of opposition to the Magic City SAP in writing from Robin Porter, our President, and I just wanted to add a few specific comments about our neighborhood's experience. We are firmly opposed to the Magic City SAP. We have very strong concerns long term about not just this SAP, but the whole series of others that are proposed, one after another, behind it. We haven't seen any evidence presented of an impact statement or a need for this project. What we see is a lot of high-density condos, and we don't see how that is going to benefit the community. So we have the experience of having lived next to the SAP, the Design District; which, of course, as you know, is dramatically less dense than what's being proposed here in Magic City, and there are costs to the immediate neighborhood. So we endured probably five to six years of construction; it's still happening; tremendous amount of noise, displacement. You know, low- income families have left the neighborhood. Price values -- a starting home in our neighborhood just sold for over $500,000. When my husband and I bought our first home, it was $54,000 in that neighborhood. So things have really dramatically changed, and this project really threatens our community. We also do not have a level of comfort with the proposal in terms of the disbursement of funds. We just don't have comfort with that, about how that's going to be done, and it sounds to us - - it makes us uncomfortable, and it sounds like a payoff, so we're asking you, all the Commissioners, to consider this proposal and to reject it. Thank you. Chair Russell: Thank you for your comments. Hello. Rebecca Yu: Hi. My name is Rebecca. I'm a resident on 50 Biscayne. I'm here to say two things. First of all, I'd like to show my sincere appreciation to any or all of you that were involved in the Museum Park beautification process. The other day, City of Miami Page 93 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 they opened up after they did the landscape of the north side of Museum Park, along with the science museum. What a beauty. I walked by. I sat on the bench and just took it all in. And this is what Miami really mean to me, and that's why I moved here. With that said, I move on to my second thing, which is please vote "no" on PZ.12. We don't need an amusement park. We need a quiet neighborhood where residents can raise their families, and people can have walks along the beaches, and this will attract people to come in; not the amusement park. They can go to an amusement park anywhere in the country, but they come to Florida for a different beauty. Thank you. Chair Russell: Thank you. Hello. Jessica Saint Fleur: Hello. Good afternoon. My name is Jessica Saint Fleur, and I am here to oppose the Planning and Zoning 1, 2, and 3, for Magic City. I live on 155 Northwest 64th Street, a couple blocks from the development plan. I've been -- I was born and raised in Little Haiti my entire life, and I can already see the drastic changes that has occurred in the neighborhood. It's no secret that Little Haiti is small and historically neglected. It's currently a food desert, and we don't even have a Federal bank in the area. And the main streets that come that -- in the area -- Northwest -- North Miami Ave., Northeast 2nd, Northwest 2nd -- all that extends from downtown, Wynwood, and comes all the way up north, and as well as from east to west; it goes from Biscayne all the way out west. And it -- not to mention, it's the first exit from downtown into the area. So when we think about it, the residents of this area is not --we're not stupid. We can see that this is prime real estate. We can see that there's development already happening. Corner stores are already getting turned into 7 -Elevens. That is something monumental for the area, right? So we can see that traffic is already going to be a big deal. It's going to be -- it's already gotten worse. Rent has already gone up in the area, and policing of the people in the area has already increased. We need proper guidelines for -- and efforts of these like SAPS to -- towards the community benefits agreements. The residents of the area will continue to be at a disadvantage if we don't increase these benefits. Running out of time. All right. So in terms of the plan, as is, it was previously proposed at 7 percent. We need that to at least be 20 percent. I agree with FANM in their efforts to increase that, and as well as the $31 million. That looks good on paper. For people who are making under 25K a year, that's not acceptable. If we're not even at least getting half of what the investment that is going into this neighborhood, it is not fair to the people that has been historically at a disadvantage, and it's up to the City to --for us to deserve this justice. Thank you. Chair Russell: Thank you very much. Petro Martinez: Dear Commissioners, I am Reverend Martinez, a resident of 50 Biscayne, located on Biscayne Boulevard and Flagler, right across Bayfront Park; now renamed Maurice Ferre Park. I am here to speak on PZ. 12. As a resident of Miami since 1968, I have seen the growth of our City and our County. The growth and development of new buildings in our community has absorbed many of the waterfront areas, and has reduced the beauty of our green zones. Bayfront Park, Bayside Mall, Museum Park, and Parcel "C" are located in some of the most beautiful areas of downtown Miami. These areas -- and in particular, the Bayfront Park area, where the Miami River meets Biscayne Bay -- is the historical site of the first inhabitants, the Native American Indians. Julia Tuttle, Henry Flagler, the Burdines family, and the founding fathers of the City of Miami settled and began businesses in these specific locations. Bayfront Park and the adjacent area should be considered sacred and holy ground. Today thousands of people have moved to the inner city, to downtown Miami, and have made it their home, our home. We need green areas, places of rest, peace, and natural beauty. The children, adults, elderly, and pets depend on the opportunity to enjoy our green spaces to relax, meditate, and City of Miami Page 94 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 renew our spirit, mind, body, and soul. We, the community, should not allow these historical landmarks to be used and prostituted for the benefit of making money. Please, we, your constituents, implore you to vote "no" on PZ. 12. If you feel the need to open an amusement park, find another area. If you want an amusement park in Miami, perhaps you could find a place near your homes since none of you live in downtown, and you may enjoy the amusement park -- Chair Russell: Thank you. Mr. Martinez: -- as much as you desire. Thank you. Gilbert Placeres: Hello, Commissioners. Chair Russell: Hello. Mr. Placeres: My name is Gilbert Placeres. I'm here to speak in opposition to PZ. 1, 2, and 3. I live at 169 Northeast 44th Street, just a little bit south, a few minutes south from the Magic City site. And I work for -- in North Miami, and we're located north of that site, so I pass by the site every day on my way to work. I was looking at the Miami 21 Code, since SAPS are supposed to fulfill the intent of that Code. I saw that it says that any developments aren't to result in development that is out of scale or character with the surrounding area, and it speaks about preserving neighborhood character as one of the main goals of that Code. This project is wildly out of scope, both in terms of the size of the buildings and the incomes of the people it will attract from the neighborhood. With no affordable housing onsite, Magic City will be an island of affluence that will overrun the area and displace others instead of integrating itself into the community in a cohesive, healthy and beneficial way. That Code also speaks about not creating situations where you have any investments being in single use offsite places, and that's exactly what seems to be being facilitated with how this process is going down. By the way, the signage on the Magic City site still says that there will be 500 plus units of affordable housing, even though we were here a month ago, and we pretty clearly knew that that was no longer to be the case. So for a month, there's been false advertising on that site, all over that site. It's a huge site; have a lot of signage all around it. Even though, as someone already cited earlier, they had cited the cost of that affordable housing to be more than the 31 million that's now being proposed, I think that is indicative of how the community's being treated in this whole process, and part of that is because even though SAPS are supposed to be a give and take with the community, we don't have any guidelines as to what that community engagement is supposed to be like. We don't have guidelines of the studies that have to take place, and we need those things. And we need mandatory affordable housing in these SAPS, and we need a venue of benefits for the developers in the community to negotiate something that's mutually beneficial for all. Thank you. Chair Russell: Thank you. Carlos Caballero: Hello. Hello, Commissioners. My name is Carlos Caballero. I live in District 1. I grew up in the Allapattah area. My parents owned a small business in La Veinte y La Veinte. And my concern is about the Miami Produce Center. Every time a developer comes anywhere near our communities, they always come with the same promise that they're going to build this nice big building, we're all going to get great jobs, and all our lives are going to change for the better. But this doesn't happen. This -- they must think that we're dumb. Right now, the unemployment rate in Allapattah is 14 percent. That's the fourth highest in the City of Miami. These Miami Beach developers have put forward an agreement that, if passed, would allow them to build without hiring a single Allapattah resident. There are no enforceable commitments to hire locally. There are no job guarantees for the City of Miami Page 95 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Allapattah residents. We are experiencing these consequences with the River Landing. River Landing promised jobs for Allapattah, and now no one could tell us how many are working there. It was a scam. We cannot wait around and hope developers will follow through with their promises. We need enforceable commitments to make the developers hire from Allapattah residents. We need community oversight to keep them accountable. We need resources for job training. We need more than talk. We should never trust a developer whose sole purpose is to profit off our community. That'll --they'll never have our best interest at heart. We are not fools. This project should not be fast -tracked. This project is not ready. Please defer until the developer commits to this. Thank you. Chair Russell: Thank you for your comment. Joy Prevor: Hi. Joy Prevor. I reside at 50 Biscayne, and I'm really just disappointed to be here. I'm disappointed on several levels. First and foremost, I'm opposing PZ.12. You all have seen me here many times. You definitely know what Bayfront Park means to the residents of downtown Miami. You definitely need a decision that impacts downtown residents. But yet, here we are again, having the same conversation. So we verbalized our concerns to all of you. We verbalized our concerns to the people planning this, but yet, the only feedback we got was that they changed the language to exclude the other parks that had originally been included, and the only parks that they kept were Bayfront Park and Museum Park. And as downtown residents, we feel not only like second-class citizens, as was referenced before, but quite frankly, we feel abandoned by you, our elected officials. We feel like we have been singled out, like something like this amusement park idea can't be done in other parks, but in our park, oh, yeah, that would be okay. So I think that this is a really important moment; not just in terms of PZ. 12, which I really hope that you're going to deny, but I really hope that you see this as a moment in time where you understand how differently you've been treating downtown residents. I know that, you know, this is not traditionally a residential community, but it has changed. We're there. We're families. We have approximately 13,000 children. We don't even have schools to send our kids to. It's really time that all of us change the way that we think about it. Chair Russell: Thank you. Mr. Crespo. Al Crespo: Well, it's me again. This morning while I was watching you all on TV (television), around 11:30, and the Chairman said, "Well, it's time to go to lunch. We'll have 2 o'clock call back. " And I heard my pal, Commissioner Joe, said, "Can we make it 2:30? Because I got a long of things going on. " Well, here it is, 20 after 4, and my pal Joe is not here, which leads me to believe that he's still giving them lie detector tests to his staff to try to find out who's been snitching about the things going on in his office. So Joe, wherever you're at, I miss you. You should be sitting right here. Now, to the lady who said, "Impact fees trickle down," not in this city. A lot of things trickle down in Miami, but impact fees are not one of them. You know, there's no sense in my talking about "Don't do this, or don't do that, or do this, or do that," because, you know, at the end of the day, today, folks, you're going to get screwed. They're going to pass this. So I'm going to tell you the best thing -- the only thing that you do if you -- since you've been getting screwed for -- year after year, issue after issue -- when you vote next time, vote everybody out of office. Vote the State Attorney out of ojfce for refusing to prosecute crooked politicians. Vote all of these people out of ojfice. Vote everybody on the County Commission out of office, and then organize, take to the streets, do whatever you have to do. These people are not going to look out for your interest. They haven't done it for 10 years that I've been writing about the corruption in this City. They're not going to do it today. If you want to do something, stand up for yourselves, because the screwing City of Miami Page 96 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 you're getting is the screwing you deserve for coming in here and just saying, "Oh, please. If Chair Russell: Thank you, Mr. Crespo. Mr. Crespo: It's time to get over 'please." Stand up and take it back. Chair Russell: That's fine. Thank you for your comments. Amal. Amal Solh Kabbani: Hello, Chairman. Commissioners, City staff, my name is Amal Solh Kabbani. I'm the President of the Downtown Neighbors Alliance, and I reside in 50 Biscayne. I'm not going to repeat what you heard from the residents. It's a "no" to PZ.12. What I would like to do is use my two minutes to pre-empt what might become questions that you will ask later on, and here are the answers: "This is the only way we could do it." If truly this was the only way you could write the ordinance, then you must be thinking about something else that is going to surprise us later on, because to expose three parks -- and I repeat, Maurice Ferre, the American Airline Lot -- Heat, as well as Bayfront -- to expose them to the amusement ride language means there is more to come than an innocent Ferris wheel. So there must be another way to write the language. The second thing that I would like to pre-empt is the residents will have enough time to react when a vendor or an applicant will come and, you know, present us with a ride to be put up. A letter that comes out of the Zoning takes about 10 days to be received by a property manager that has no clue what that letter is about, and by the time a resident realize what it is, it will be too late. Thank you for listening to me. PZ. 12, "no. " Thank you. Chair Russell: Thank you for your comments. Brian May: Mr. Chairman, members of the Commission, Brian May, representing Jungle Island. I'm just here to register that, you know, my client has some concerns with PZ. 12. You know, the -- a lot of our master plan, which was the basis for our lease extension last summer, and also for our referendum approval, we are unclear whether we would actually be in compliance or could be in compliance with the ordinance, as it's currently drafted, and as such, we respectively [sic] at least request a deferral so that we could, you know, work with staff and work with the sponsor to try to work out whatever concerns we have. Chair Russell: Thank you very much. Mr. May: Thank you. Chair Russell: Mr. Dubbin. Commissioner Carollo: Mr. Chair? Chair Russell: Yes, Commissioner Carollo. Commissioner Carollo: I apologize. I don't like to do this, especially when we have a lot of people that are going to make comments, but there was a chap here -- apparently, someone hasn't told him that Christmas has passed -- dressed like Santa Claus; not the outfit he was used to wearing about a third of his life -- that made some comments. Now, he had his two minutes. He's got his blog, or whatever you call it, that he lies on anyone that he could grab a hold of,• that says whatever he pleases, and we don't have any way to respond. But let me give you a little history of this pillar of the community, this anti -corruption -- Mr. Crespo: What are you talking about? What are you talking about? City of Miami Page 97 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: -- ex -con. Mr. Crespo: Talk about me. Commissioner Carollo: Now he has bragged in the past that, "Oh, yeah, I've been arrested once or twice, robbing banks." Well, I believe it's actually closer to about seven times he's been convicted. It believe it's in three States: Florida -- and not necessarily one jail; numerous places -- Connecticut; Ohio. But you know what? The brave anti -corruption Charlie, he could only be brave with a handgun in his hand; that he would put it on defenseless women in banks, men that were unarmed, jewelry stores, employees there, and others. This is the hero, anti -corruption pillar of integrity that we have in Miami. That doesn't say much for this City. Now, every now and then, he goes off and he starts harping on Cubans, and lumping every Cuban as corrupt and bad, and everything that he could say. Well, if he would say that against any other group, I think people would be raising their voices much differently. But I guess this is the one area that maybe I should be a little understanding, because Bubba, one of his old buddies in the big house, sent me a message that he just had a real bad go at it with some Cuban fellow while he was in the big house, and he hated Cubans ever since that happened. And he was known as "Charlie" then; not the name he uses now in the blog. But so you could see what this pillar of the community is all about, he doesn't live in the City of Miami. He lives in Miami Shores. Why is he interested in Miami? Where does he have all this time to do all this? And since April of last year, more or less, May, is when he took an interest on me. And I know and he knows why he took an interest on me. It's not because he really believes all this crap that he writes about me or anything else, because I remember when he introduced me to you, Commissioner. You were getting sworn in. He told you -- Chair Russell: Commissioner -- Commissioner Carollo: -- that I could be given $2 million, that I was so honest, and if someone give me $2 million to hold for them, and then when they come back and get it, they would get every penny back. But now, I'm a bad guy, like the rest of my colleagues and everyone else that's convenient for him. Chair Russell: Commissioner -- Commissioner Carollo: But just one -- Chair Russell: -- he took a shot at you, so this is definitely fair, but -- Commissioner Carollo: -- last thing that I want to say. Chair Russell: -- at this point, we're just doing free advertising for the Crespo blog. Commissioner Carollo: One last thing that I do want to say; how Charlie -- bright Charlie, with a handgun, used to end his blogs in the first two years was that he did not save money for his retirement -- I think I told you why he didn't save money -- so that he would do anything, say anything against anyone for the right price. Mr. Crespo: That's a lie. Chair Russell: Commissioner, can we get back to public comment, please? Commissioner Carollo: So this is how he used to do that. Mr. Crespo: That's a lie. City of Miami Page 98 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Let's get back to public comment, please. Commissioner Carollo: You had your two minutes. Mr. Crespo: Yeah, "come (expletive). " Commissioner Carollo: Charlie, you're going to need more than one gun to deal with me, Charlie. Chair Russell: Gentlemen, please, let's move on to public comment, please. Mr. Crespo: (UNINTELLIGIBLE) every day; every day, Joe. You ain't got no balls. Commissioner Carollo: Mr. Chairman -- Chair Russell: All right. Gentlemen, we're going to recess for five minutes, please. Five-minute break, and we'll be right back. We'll be back in five minutes. We are not going to go round and round this. Five minutes and then we will be back. Later... Chair Russell: Thank you for your patience. If we could come back to public comment, please. We're in the middle of public comment on the PZ agenda, and the remaining item of the morning's agenda. Thank you very much. Mr. Dubbin. Sam Dubbin: Thank you, Mr. Chairman. Commissioners, City staff, my name is Sam Dubbin, 1200 Anastasia Avenue. I represent the Downtown Neighbors Alliance, here speaking on PZ. 12. As you've heard from my clients and the residents, there are a number of very, very grave concerns about this proposal, and in a nutshell, it has not gotten the focused attention it requires from those who are going to be most affected by it, which is the downtown residents. And so, as my -- as Mr. Benosh said, voting it down with an instruction to really get it right would be the right result here. And there's a history here of non -transparency. This entire ordinance sort of showed up out of nowhere about a week before second reading on February 25. When it came up before the PZAB, nobody knew about it. It was when Mr. Althabe from the PZAB asked questions, the proponent of the ordinance represented that my client, the DNA, had approved the proposal. That wasn't true, and I provided you with the documentation of that exchange. Chair Russell: Quiet, please. Mr. Dubbin: That exchange was part of the letter that we sent on February 28. And I do have a new letter that I'd like to add into the record. So -- and the PZAB voted it down without anybody there to oppose it; just to give you an idea of the lack of understanding and transparency, and the sort of, "What the heck is going on here?" So once we got wind that it was on the agenda for second reading -- Chair Russell: Please. We still have a lot of people talking in the chambers; if we could keep it down just so we could hear public comment, please. Thank you very much. Mr. Dubbin: -- the community mobilized. Now, and fortunately, thankfully, the Commission deferred a vote on this proposal on February 28. But Mr. Chairman, you specifically instructed the staff to go back to the drawing board and get it right. So they did a few things that are on the affirmative, like taking it away from Jungle Island and Coconut Grove. However, they are now concentrating the impact of this right in my client's neighborhood in downtown Miami. So the only affected residents City of Miami Page 99 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 are the people who live downtown, and they have not been given an opportunity to have any direct interaction with the staff about what's going on here. So Mr. Benosh pointed out that there are grave concerns about noise, about speed, about height, about making sure this is not located too close to residential properties. And Mr. Pathman is the lawyer for the applicant here, and, you know, we're friends, and we've talked to him; however, that's no substitute for having a direct interaction -- Chair Russell: Thank you. Mr. Dubbin: -- with the members of the staff who are dealing with this, and have supposed reason. So we're entitled to know what they're doing and why, and what the impact of it is before it gets voted on here. And that's -- Chair Russell: Thank you. Mr. Dubbin: -- so the major concerns remain. Chair Russell: Thank you, sir. Mr. Dubbin: Thank you. Chair Russell: Hello. Leonie Hermantin: Good afternoon. My name is Leonie Hermantin, of Concerned Leaders of Little Haiti, here for the third time to again reiterate our support for the project, Magic City. I guess it's PZ. 1, PZ. 2, PZ. 3. Chair Russell: Correct. Ms. Hermantin: We supported the project the first time, we supported the second time, and we're supporting it again today, because we think -- we feel that in light of the existing state of gentrification of Little Haiti, we support the opportunity to create, and we thank the Commissioner for having created the trust, which, you know, we hope to work on, you know, between first and second reading. But we feel that is a great strategy to really offer businesses in the community, homeowners, renters the opportunity to really benefit from what is going to happen. We know that -- you know, we're still concerned about the affordable housing issue, and we hope that that can be addressed through the trust, with the support of the City of Miami, particularly the housing bond. We hope that we can leverage some of the resources to really address what is a housing crisis in our community and Miami -Dade County in general. So I think I've said it all. I'm here again to support the Magic City Project. I think that in terms of gentrification, this is one of the first opportunity to have people who change the neighborhood actually contribute something, because when we look at all the companies that own over 70 percent of properties in Little Haiti and are sitting on them for speculation, none of them have been asked to give a dime, and the neighborhood is changing as we speak. So that's it. I support this project, and thank you, Commissioner. Chair Russell: Thank you for your comment. Hello. Nancy Niemes: Hi. Good afternoon, Chairman Ken Russell and Commissioners. My name is -- I'm sorry. I'm here for PZ Item Number 21. My name is Nancy Niemes, and of Cooper City, Florida, and I have been visiting the neighborhood many times since relocating to South Florida from Denver, Colorado, last year. The property in discussion here has many inappropriate issues. They have -- rising to your level for decisions that address matters with the best interest of everyone who City of Miami Page 100 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 live around and visit these many neighborhoods. The property owner is Ms. Pitman and -- Chair Russell: Just to clarify, ma'am -- I apologize to interrupt; just I want to clarify. This is PZ.21, which is a HEP (Housing and Environmental Preservation) Board appeal. Ms. Niemes: Correct. Chair Russell: That'll be a quasi-judicial item. You're not either the appellant or the appellee, are you? You're just here for public comment on the item? Ms. Niemes: For public comment. Chair Russell: Correct. I just wanted to make sure that the actual parties involved can wait until the item comes up, as they will deal with at the time, but, of course, you're very welcome to speak now. I just wanted to understand exactly -- Ms. Niemes: Okay. Chair Russell: --what your involvement was. Thank you. Ms. Niemes: All right. So -- Chair Russell: Please continue. Ms. Niemes: -- continue. Thank you. So the property owner, Ms. Pitman, has intimidated me, made video recording me on sidewalk as I come and go, and has bullied two of my children, and even video-taped my toddler. I have three --four grandchildren; it's three toddlers, one infant, so -- while roasting marshmallows in the backyard next door at the home of Geoffrey Bash. So this happen Friday, March 22. All of that side -- it's a fact the sidewalk area is dark and overgrown, like a forest, by the historical house. It is simply not safe to walk by this property, and the lady is known to video-tape, intimidate, bully, and even bar people from parking in the street by her house. Personally, I'm afraid to park near her house. She has used profanity towards one girl who live down the street. By her own behavior, she has created any number of enemies on the block, by banning, from taping, stalking people using the sidewalk. The sidewalks has plants reaching far over that are sharp, and also from above, like a tunnel. I mean, it's very difficult to walk through safe. The other side had vines and plants growing in a disorganized manner on the trees and on the ground. It is the only space like in the area. Everyone else has clear sidewalk, or path very open and wide. Overgrown area should not be allowed for safety purposes. Chair Russell: Thank you for your time. Ms. Niemes: Okay. Joamice Jeole: Good afternoon, Commission, and good afternoon, Chairman. My name Yanique, from Video 54. So I've been Miami 1979. I'm fight with the Father Jean Juste. Everybody know that Father Jean Juste fight for immigrant when they come in America, even Haitians, Spanish, everybody. So I'm here because everybody have kid, they have children, you got your family. You need it more now, even if everything change. Little Haiti, when you pass 36th Avenue, you feel good. When somebody fight for Little Haiti, because now when we finish, everybody take it. Now you -- people want to fight. But I support Magic City, because it put the -- create job for everything, and housing for the poor people. Everybody different for City of Miami Page 101 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 the (UNINTELLIGIBLE) by yourself, but you don't talking about for me. You talking about by yourself. But I support Magic City, because it create the job for the people, for poor people. That's why I'm here, second -- one time, two time, three time, I'm here. I support Magic City, because I need a job. Every day, you can go to people house and say, "I'm hungry, I need some money. " But I need job. That's why I support Magic City. Thank you very much. Chair Russell: Thank you. Sir. Rex Huaman Sanchez: Good afternoon, City Commissioners. I am here for PZ Item Number 21. I feel a little nervous, because it's my first time here. My name is Rex Huaman. I live in Magnolia Park, neighbor one more year. The neighbor, Mrs. Pitman, worries me, because many times, she ask me my name. When I plant flowers in my garden, she use the phone to record me. When Igo to my mailbox, she comes around the corner from -- to the street, and she use her phone to record me, and ask me many questions. I don't walk by her house alone. I don't go into the park by the water, because I am afraid that she is going -- and she told me American -- African- American neighbor that she has to walk on another side of the street. I am -- I walk on the street to pass her house because I don't want to be any trouble with her. When she made a video, I put my hand and tell her, "Stop to record me, " and I go inside to my house. Thank you. Chair Russell: Thank you for your comments. Hello. Ron Blomberg: Good afternoon, Commissioners. My name is Ron Blomberg. I'm here to speak for a moment on PZ.21, as well. I am a fellow who's owned some property in this area going back to 2003. I'd like to put those addresses on the record. 3801 Biscayne Boulevard, 455 Northeast 38th Street, 428 Northeast 38th Street; 430, 448, and 454 Northeast 38th Street, as well as 457 Northeast 37th Street. I've listened to a couple of things. I'd like to say something constructive about Ms. Pitman for a while. I, at a point in time, had a relationship with her husband; that was from a neighborly standpoint. I had met her a couple of times. I'm not sure what some of the things are that are being precipitated regarding some of these accusations that are being made. I have found her property to be an asset to the Magnolia Park area, and it's a home that has pre-existed for quite some time. It seems that there are some neighbors that are upset with the way hedges are being maintained and some other types of things, but if -- within the HEP Board's infinite decision, as well as meetings with the City, they saw it upon themselves to furnish some form of modest relaxation of landscape or hedging requirements that might help with some privacy -related issues. I fail to see the logic of trying to undo that, and from that standpoint, I would be radically against granting the appeal of the HEP Board's decision. Once again, I've been in the neighborhood since 2003. I find her to be an excellent neighbor, and some of the things that are mentioned sound somewhat surprising now. I will also add that the properties that I have mentioned are a mix of residential and commercial properties. I am not -- it's not my primary residence in this area, but I do have a number of residents that are tenants in there, and it would be nice -- Also, I've noticed a few of the folks that have made comments here have not furnished their addresses or at least -- Chair Russell: They don't have to. Mr. Blomberg: Oh, they didn't have to. Okay. In any event, Commissioners, thank you for your time -- Chair Russell: Understood. Mr. Blomberg: -- and once again, I would be seeking to not grant -- City of Miami Page 102 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you. Mr. Blomberg: -- the appeal. Thank you very much. Paula Munoz: Good afternoon, Chair and Commissioners. My name is Paula Munoz, and I work in 2800 Biscayne Boulevard. I am a community organizer with the Florida Immigrant Coalition, and I'm here to talk about PZ.1, 2, 3. I'm concerned, because with the way the project is currently designed, it is hard to see Little Haiti surviving the full buildout of a project of this scale, density, and character. We cannot support something of this density and scale that is not built with the community of Little Haiti in mind. A project of this size will irreparably alter Little Haiti and displace the community. It will change the face of the City of Miami, and with all the construction going on elsewhere in the City, it is difficult to understand how a project of this size will be sustained by current infrastructure. Also, with 31 million to be disbursed as permits are being pulled, who is this going to benefit? We need to have a plan that guarantees protection for the community in Little Haiti that protects current small businesses, encourages more opportunity for these businesses, and extremely affordable housing. Thank you. Chair Russell: Thank you very much. Sir. Erick Jules: Good evening, Chairman and all staff. My name is Pastor Erick Jules. I am the Pastor of One God in Three Person First Baptist Church, located in 495 Northwest 77th Street. I would like you realize this afternoon there is so many game the people try to play. I'm coming this afternoon again to support Magic City, but according to my experience, I see a lot of game play over here. One thing we have to realize, some of them, they don't know nothing. They don't know the reality of Little Haiti. Some of them got a grant on their hand. They never give any report to the community, and they try to -- against that. One thing you have to realize, also, when some people against that project be against the City, because when the City receive the tax from any organization or from the people, they help them to get a grant. You got a grant in your hand. Why you want to fight? You don't want the City collect the money, and the people can breathe. So I would like you support that project this afternoon to let Magic City breathe. When Magic City breathe, the community and the Haitian community breathe. I'm not ready to put Magic City in the cemetery. So if you see many parking lot in Little Haiti, they look like they die already. We need some people come to help us to bring the community really clean, the way Magic City have a project. So I don't fight to protect Magic City, but I fight for the new generation. I'm old. I got more than 50 years. I'm already done. But what about the next generation? Some of them fight, because they cannot got -- accessing that money. My Commissioner, I would like you to look closely that money, the way they going to spend that. They have to use for the community specially. Chair Russell: Thank you. Mr. Jules: The people, sometime they like the money. They want to put their hand in that money to do whatever they want, some private thing. That thing is not private thing; it's for all community. May God bless you. Let the Magic City go forward. Let them breathe, and the community -- Chair Russell: Thank you. Mr. Jules: -- will breathe. God bless you. Chair Russell: Thank you. Time's up. Thank you. Mr. Clarkson. City of Miami Page 103 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Michael Clarkson: All right. My name is Michael Clarkson. I'm here as a community organizer, and someone who works in Ti Ayiti every day. I must say off the bat, I am against Magic City, and I'm against your trust. And the reason why I'm against these is because history has shown that when these type of developments come into a community, the community is no more; it is erased. You can look at Atlanta, you can look at Chicago, you can look a Detroit, you can look even in Maine. When the community benefits agreement really works, it has the whole community involved, and the community must be able to participate in that process. So since there's a lot of debate on this, I'm going to give y'all opportunity to get out of this, and I know one way you can get out of it, and that's by invoking the Fifth Amendment of the Constitution. It's called "the taking clause. " Are you familiar with that, y'all? You need to look it up, because this City needs to take control and help Ti Ayiti, help Little Haiti, and the way you can do that is pin them off. Get Magic City out of it. Give them their little $15 million back and -- plus interest, and then what you do is with that trust you're talking about, make that trust apart of the community. Do -- How dare somebody come in and say -- Would you like for somebody to come in your house and tell you how they're going to develop your house, how they're going to make your house better? The community has the responsibility and the obligation to do that; that's what CBAs (community benefits agreements) are about. They're community benefit agreements; not individual agreements. So let us come to some type of understanding here. Let us look at what has worked and what has not worked. And community benefit agreements, that created by the government, cities, have not worked. They work when they come with the community. I talked to you earlier about this, Mr. Reyes. I've talken [sic] to you, I've talken [sic] to you. I'm asking you, please do not let these people come in and destroy this community. Let the community have a say on how they want it built. Chair Russell: Thank you, Mr. Clarkson. Thank you. Applause Chair Russell: Please. Hold your applause, please. Thank you. Jean Borcelien: Good afternoon. My name is Jean Borcelien. I lived in Little Haiti and I have family in Little Haiti. I'm here today and support the Magic City Project. I believe that with their investment; and with us, the community; and with you all, the experts, I believe that we will come out; the Little Haiti community will come out the winner, and I'm asking you today if you would please support the project. And what we need to do is put ourselves together and come out with the best package for the community of Little Haiti. Thank you. Chair Russell: Thank you for your comments. Ma'am. Elizabeth Kristen: Hi. My name is Elizabeth Kristen. My homestead for the past 45 years is located at 520 Northeast 38th Street, Apartment 12, in Point Bay North Condominium, of which I'm a board member. My neighbor at 452 Northeast 39th Street designated the Walter Flanders house as historic in 1989. He enjoyed the benefits of discounted tax bills for many years in exchange for ensuring the property would remain intact, well maintained, and visible to the public, for everyone to admire. At that time, there were no fences anywhere around the property, and there were no perimeter plants blocking the views to the architectural gem in Magnolia Park. Please apply the historic designation guidelines of our Zoning Code, as they were intended to provide visibility to the 103 -year-old house. Please remove the vines growing on the house. The fence along the front is falling apart, and was erected outside the property line into the public sidewalk area, and should be removed, because chain-link fences are not permitted in front of historic sites. Please require plants to be no higher than five feet, as allowed in the Zoning Code City of Miami Page 104 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 for historic desig -- excuse me -- designated properties. There should be openings in the layers of plants that currently block the views of house on the front and both sides. Not too long ago, when a lot of construction was happening in the area, the drive along the east side of the property was taken over by the current owner, who has planted trees, tall Fichus hedges, and wood -- high wooden fences over the drive that belongs to well over a hundred residents of the neighborhood. As per the second amended plat of Magnolia Park -- Chair Russell: Thank you. Ms. Kristen: --which is dated 3/22. That's it? Chair Russell: Thank you for your comments. Ms. Kristen: Don't want to hear any more, huh? Chair Russell: Two minutes. I'm sorry. We have so many people. Thank you so much. Reginald Jean-Marie: Good afternoon, and blessings to you all, my Commissioners. My name is Father Reginald Jean-Marie, and I'm the Administrator of Notre Dame d'Haiti Church, located at 130 Northeast 62nd Street. I am here for the third time to reiterate my support of the project of Magic City, and also to support the trust of my respective Commissioner. The rationale behind my decision is simple. I have been the minister at Notre Dame d'Haiti for the past 19 years. I have heard the cries of the people. I have felt the pain. I have seen the anxiety of so many young people who are eager to see a change in the face of Little Haiti. Personally, as the pastor, we built a church five years ago that lifted up the dignity of our community. And if you look at the condition of Little Haiti now, it is not pleasant. And I truly believe that this project will bring a new face to Little Haiti. I believe also that Magic City is not the answer to all the problems that we are facing in Little Haiti; the housing problem, the problems of jobs. But what I believe is that what that trust is going to be able to do for us, it is not a handout, but it can be a way out. What is important for us as a community is to be able, all of us, to understand the need to come together; not to wait for people to fix our problems that we, ourselves, as leaders in the community can find a way to rebuild Little Haiti, and to make it what it must be. What I'm hoping from you, Commissioners, that you are going to invest in Little Haiti and I hope that Magic City will keep the promises to the people, and you will help us to hold them accountable to their words. God bless you. Chair Russell: Thank you for your comments. Thank you. Next speaker, please. "Hola. " Sonia Toledo (As translated by Seany Gault, Official Spanish Interpreter): Good afternoon. My name is Sonia Toledo. I'm here to talk about the Miami Produce Center. I moved to the United States in the year of 1990. I'm from the Dominican Republic. For me, Allapattah has been a cultural center for many Dominicans in Miami. I have seen the different benefits that this project offers, and I believe that this is a lack of respect to a working community like Allapattah. I am not in accordance -- or the accordance does not justify the 20 -level floors that they want to be able to build. I have assisted these different -- I have been part of these different meetings from the City before, and I have seen the Haitian community working hard to assure the different financial contributions for the Little Haiti. The Commission has given time to be able to negotiate. I do not understand why this project is working so quickly. Our community has serious needs. We need different works that are -- different jobs that are guaranteed to -- City of Miami Page 105 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Job security. Ms. Toledo: -- secure jobs. I am here to say that we are not going to be quiet. You cannot come here asking for a special treatment and leave us with empty hands. This community is no different from the Little Haiti. Chair Russell: Thank you. Ms. Toledo: This should not move forward. Vote "no" towards this project. The City deserves it. Chair Russell: Thank you for your time. Rolande Richardson: Good afternoon, Chairman and Commissioners. My name is Rolande Richardson. I am with Unite Here Local 355. I am here to support the Magic City SAP. Our union represent over 300 families in Little Haiti. These members are some of our toughest members and the backbone of the tourism industry. We take our work in South Florida very seriously. The hospitality industry can be widow [sic] for those that work in it. Too many people work on holidays, work two jobs. They are the invisible army that make our City work. We understand how hard it is, and we know it doesn't have to be this way. We are --this project will provide a path for Little Haiti to benefit from the hospitality job created. Thank you. Chair Russell: Thank you for your comments. Please step up to the lectern on both sides so we can get right to the next speaker, and we'll finish up soon. Dulce Barnes: Hello. My name is Dulce. I'm speaking upon PZ.18, which is the Miami Produce Center. My family has been a part of the unique working-class neighborhood known as Allapattah since my grandparents exiled from Cuba nearly 40 plus years ago. We are located on 1882 Northwest 22nd Street. And before buying my warehouse, my parents and my grandparents owned seven smaller warehouses, or they rented them out in hopes of starting off their legacy in Allapattah. Allapattah was the first tri -ethnic neighborhood, and I believe that this project does not encompass that at all. I would hope that you guys don't vote on it today because of the lack of studies, and public notices that there's been. I heard earlier that there was some sort of meeting on Friday, but the community has not known at all, at all. I -- La Plaza is the center of Allapattah, so to kill that off would be historically incorrect, and I would really, really hope that you guys would vote with your best --your good conscious [sic]. Thank you. Chair Russell: Thank you for your comments. Hello. Sandy Dorsainvil: Good afternoon, everyone. My name is Sandy Dorsainvil. I am the Executive Producer of Sounds of Little Haiti at the Little Haiti Cultural Complex, as well as the community liaison for Magic City. I'm here in support of the project; not only as a young professional working in Little Haiti, but also as a young person who attended Curley Notre Dame High School in Little Haiti, and who has worked in several organizations in that community for most of my professional life. I think the project will help the community evolve like no other project. And more importantly, I think it will set a foundation for other projects to come after it in terms of how much contribution they need to make to the development of neighborhoods, and how much involvement the community should have as these neighborhoods evolve. So I ask you to please consider this project strongly, and to support it, because it will help this neighborhood evolve, and all the people living in the neighborhood participate in the evolution of this neighborhood. Thank you so much. Chair Russell: Thank you. City ofMiami Page 106 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chase Williams: Good afternoon, Chairman, Commissioners, members in attendance. My name is Chase Williams, and I am here in opposition of the Magic City Development. I believe that the $31 million trust plan that you guys have in store for the citizens of Little Haiti is simply not enough to keep what makes Little Haiti Little Haiti; you know, like the key elements, the art, the infrastructure; it's not enough. And I'm hoping that if Magic City wants to move into this community, then they have to be willing to give the community, the citizens -- not citizens -- the residents of this community what it needs in order to stay afloat. Thank you. Chair Russell: Thank you for your comments. Henry Pino: Good afternoon, Commissioners. My name is Henry Pino. My address is 207 Brickell Bay Drive. I'm here today with Mr. (UNINTELLIGIBLE), who is also a neighbor in the Brickell Bay Drive area. We came here basically for Item DL3, Discussion Item 3, and it's in reference to the covenant removal for the Babylon. This morning, President Richard Marks of 1430 -- as is on your record -- is the President of 1430. He is also in favor of the relief of the covenant. Also, as being passed out by my counsel, Iris Escarra, from Greenberg Traurig, you'll see that Corta Bella, 1450 Brickell Bay Drive, is also in support of the relief, as is the Commodore Condo at 1402 Brickell Bay Drive. And basically, obviously, the Babylon is (UNINTELLIGIBLE). So out of the seven buildings, we represent four of them at this point as for support for the relief. Thank you very much. Chair Russell: Thank you for your comments. Is there anyone else who'd like to speak? Iris Escarra: I'm very excited to be here on behalf of the public speaking component this evening, and not making a full presentation. My name is Iris Escarra, with offices at 333 Southeast 2nd Avenue. I represent Henry Pino, who is a property owner -- a unit owner on 1430 Brickell Bay Drive. One of the things that we are here is to seek support of the relief that the covenant is seeking. We're also seeking support of the City Commission to look at this area and consider the zoning for this area. It seems to bean enigma in the sense that you are abutting T6-48 on one side, which allows 80 stories; T6-24 on the other side, which allows 48 stories. However, this little portion of Brickell Bay Drive is on T6-8. It's one of the things that we haven't been able to figure out why it was down -zoned some time ago, but we ask the City to give those property owners the consideration to be able to seek to up -zone that area and redevelop it. Thank you very much. Chair Russell: Thank you. Gabriela Betancourt: Hi. Good afternoon, Commissioners, Chairman. My name is Gabriela Noah Betancourt. I'm here to speak on the Miami Produce Center SAP item. I just wanted to put a couple of concerns on the record, mostly related to the co -living units. Right now, co -living units are not permitted in the City of Miami, and we would be giving this developer the right to do something that we have never allowed. So I'm wondering if we've studied the potential impacts of these types of units. I know this developer is from Miami Beach, where there's particularly a really bad Airbnb crisis. I personally live in North Beach, and I know that there are some developers that are planning on building similar micro -units that they could basically Airbnb year-round, instead of providing them as housing for residents. Right now, the City of Miami's short-term rental policy only covers T3 -- at least that's my understanding -- and this project would be zoned T6. As you all know, our City is in a really big housing crisis. It has been proven that short-term rentals drive up the cost of housing in neighborhoods by replacing long-term rental properties with short-term rentals. This makes it difficult for families to find affordable rents. I want to make sure that real Allapattah residents get to live in this project, and that City of Miami Page 107 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 requires set -asides for affordable housing and protections against short-term rentals. What protections are there to prevent this developer from abusing the co - living units and turning them into a giant Airbnb? This is just one of the many problems with fast -tracking this project. We need more time, so we ask you to please defer this project today. Thank you. Chair Russell: Thank you for your comments. Is there a speaker at this lectern? If there's anyone else who's here for public comment, please approach the lectern so we know about how many more folks we're dealing with here. Eddy Leal: Okay. Good afternoon, Commissioner Russell and everybody here. It's Eddy Leal, on behalf of a number of residents on the DI.3 matter that was continued before. We have representatives -- and I would ask everybody to stand, because they've been here for a long time on this issue. I know that you've heard from some representatives, but we have only a sliver of folks from Emerald, Brickell Shores, Bayshore Place, Point View and Point View Association, and the Four Seasons, as well. And we oppose the removal of those restrictive covenants that were voluntarily agreed by that owner. I just want to bring that to the court -- excuse me -- to the chambers. I'm used to the court. -- to the Commission's attention. I know that will be the item that will be addressed shortly. I have a board meeting in my building at 7 o'clock, and I have an engineer. I ask that we be taken at the conclusion of the remark -- of the public comment section, Commissioner Russell. Chair Russell: Thank you. Mr. Leal: Thank you. Ringo Cayard: Good afternoon, Chairman Russell and gentlemen of the Commission. My name is Ringo Cayard, 6400 Northeast 4th Avenue, in Miami. I'm looking at the crowd here, the people sitting here. I do not see the face of Little Haiti; I just don't. Maybe I'm blind, but when you see that -- May I ask how many people -- Chair Russell: Please address the dais, please. Mr. Cayard: --from Little Haiti? How many people live in Little Haiti over here? Five. My family is one of the founder of Little Haiti. We created -- the Haitian Refugee Center was created by my family; Cayard Supermarket, my family; Cayard (UNINTELLIGIBLE) Market, us; dry-cleaning, and you name it; hardware. And we have many, many property in Little Haiti. We been -- we care for our community. We've been there for years, 44 years. It's amazing to see people from different neighborhood who come now and telling us what is good for us; doesn't make no sense. I hear people, their address is in the Gable, 38th Street. Little Haiti stop on 54th Street, going down to 79th Street, from Northeast 4th all the way to 7th Avenue. So all the other people who's talking, we don't joke in their community and tell them what they need. We have a representative here, which is our former Chairman Keon Hardemon, Commissioner; that's why we elect him, to see what's happening. We also have 10 Haitian elected officials in Dade County. If that was not good for us Haitian, you would have seen them parading here, telling you, "This is not good for us. " We have a State Representative, which is Haitian. She is not there, simply because this is the right thing to do. She don't think it's bad for our community. Magic City is the key to help us going forward. 44 years, no development, beside the church and Pinnacle Building. Nobody never care. Now we have a group who comes and say not only they going to build; we going to have kids who going to be tech savvy. They going to put $31 million in the community. Any of the naysayers who don't live there will say no. Please, find out where they live before you make your -- you talk to them. City of Miami Page 108 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you very much. Mr. Cayard: Thank you so much. Chair Russell: Thank you for your comments. Mr. Cayard: And vote 'yes "for Magic City. Chair Russell: Thank you for your comments. Did you speak this morning on this item? Marleine Bastien: No, sir. No, sir. Chair Russell: Oh, I thought you did. Ms. Bastien: I did not. Chair Russell: Thank you. Ms. Bastien: Good afternoon, Mr. Chair -- Chair Russell: Hello. Ms. Bastien: -- members of the Commission. Mr. Chair, I have a few people here who have not spoken. However, I'd like to ask them to stand up, because I have one letter, a two-page letter I'd like to be able to read. (UNINTELLIGIBLE). Chair Russell: I believe some of them have already spoken though. Ms. Bastien: Yeah, some, but not all, not all; only the ones who haven't spoken yet. (UNINTELLIGIBLE). They haven't spoken. They haven't spoken. All right? Chair Russell: How long is the letter, Marleine? Ms. Bastien: Only two pages, yeah. Okay? Chair Russell: And so, these people are giving their time to you, basically? Ms. Bastien: Yes, sir, and they have not spoken. Those who have spoken left already, for the most part; and then, they have not, yeah. Chair Russell: Okay. Ms. Bastien: All right. Chair Russell: I'll allow it. Ms. Bastien: And then these are homeowners and business owners in Little Haiti, all right? Honorable Chair Ken Russell and members of the Commissioner -- City Commission, Carollo, Gort, Commissioner Hardemon, and Commissioner Reyes, we write to you today to request a moratorium on all special area plans in Little Haiti. The City of Miami was recently considering three SAP plans just for Little Haiti alone. We feel that this particular fast-track mega development model of urban development is unwise, unethical, and should not move forward as it stands. More importantly, it goes against our current City Code. It is not resilient, and it defies many points within our current Comprehensive Redevelopment Plan. Furthermore, we feel this space and size of this proposed development in Little Haiti is not what City ofMiami Page 109 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 was intended in City of Miami -- in City's Miami 21, which safeguards communities from displacement, encourages economic development, and is there to serve the people. We ask for complete pause on SAPS in Little Haiti, until the City can conduct an impact study on Magic City's proposed 25 -story, 10 liquor licenses, nine - acre mega development. We feel this moratorium is warranted, given how grossly out of sync Magic City -- the Magic City proposed development is within the two- story building neighborhood, and the main street it's overtaking. Why the rush? Why the rush? Why, in all these months of heated concern that I've been -- there has been no impact studies? Why is the timeline of the City's own soon to launch $4 million climate gentrification study -- why not wait for that study? Isn't this gentrification study going to focus in large part on this very neighborhood, Little Haiti, where the City had until recently been considering these SAPS? What's the safeguards we have in place? Why the rush to fast-track Magic City when hundreds of City of Miami residents cry, 'foul"? The concern is really growing, and it will continue to grow. The present impact of the Magic City SAP in Little Haiti will not only set a precedence for SAPS in Little Haiti, but also in Allapattah, Little Havana, Overtown, Liberty City, and so forth. It will also define the very future of the City of Miami. Will Miami be a city in which private, colors, billionaires trump the public good? Will we allow unbridled development to uproot historic communities, and private interest to control public assets at the expense of our constituents who have been paying taxes in the City of Miami for over 40, 50 years? Will Miami be a city in which under -invested community's voices, but their future go unheard and unrepresented? Will Miami choose to be a city in which entire neighborhoods are sold; are sold by their elected representative to the highest bidder, against the protest of residents, workers and business owners? Together, we, the undersigned of this letter, ask our elected representatives to consider the following requests when reviewing the Magic City SAP Development Agreement and Community Benefit Package: A seat at the table. Community members are not merely token voices to be heard at the end of the year-long negotiations. Community members are critical stakeholders that should be present when the genesis of any development process is being considered. Miami's future may not -- must not be drafted solely by outside investors and billionaires. Residents and community leaders who built this community must be at the helm and the businesses and the residents must be at the helm, and that position should be codified in Miami 21. Number two, impact analysis and impact statements. Racial and social impact statements are a key step in planned neighborhood change, and should be required in the special area plan application process, along with existing economic, environmental, traffic, and density analyses. These have not been done. Such reviews should analyze not only the impact on development site, but the effects of rising rents in the surrounding area; eviction rates, which we see from every day, and displacement of communities of color, in complete violation of the Fair Housing Act's affirmative requirements. If two or more special area plans are proposed in one neighborhood, (UNINTELLIGIBLE) studies of the totality of the impact should be required before proposals with the City of Miami Commission, and it has been -- it has not been done. Fair -- number three, fair and equitable zoning in community benefit agreements. Community benefit agreements should be a required element of any major development in the special area plan; in particular, within the City of Miami 21. The City should articulate a clear baseline of expectations from developers, which can be adapted to specific neighborhood needs through these agreements, rather than leaving the process up to lop -sided negotiations late in the development process that puts residents at a disadvantage, yes. Affordable housing onsite, and the right to remain. I'm going to read a few lines, not everything; and, of course, I'm going to give you a copy. The Commission that built Little Haiti and other neighborhoods, which will come after that, should not be forced out, just as investment in long (UNINTELLIGIBLE) infrastructure improvements arrive. The City has a responsibility toward the residents of Little Haiti to invest. In Little Haiti there's been years and years of dis-investment. And now we want to accept $31 City of Miami Page 110 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 million to change zoning. Zoning should not be for sale, should never be for sale. We are asking for a moratorium until Miami 21 is revised. I won't read it. We're asking community control of the land. We are ask -- also asking, in addition, economic empowerment with the participation of Little Haiti residents; investment and preservation of cultural heritage; reduce incentive for speculation that narrow margins for public benefits. And I'm going to end by saying I know that we've come again and again, and I know probably -- I'm pretty sure that, Commissioner Keon Hardemon, maybe you really mad at us, because we keep coming back, back and forth. But we want 20 years from now, when we look at what happened here, when we look at -- when we -- I heard that, you know, "Oh, this book is" -- "Oh, it's going to pass. " But guess what? We want to be able to look back or to look back and see - - and say, "We did the right thing." And up to now, this process has been defective, it's been behind closed doors, and it is undemocratic, and not transparent. Chair Russell: Thank you. Ms. Bastien: This is not a legacy you want for Little Haiti, and I hope that you will put a pause on all the SAPS, and then you will create a space for the residents who are here, who left their businesses to be here tonight, all right? For the residents who could not be here, that they are engaged in the process. The City of Miami must respect its own laws, and zoning -- Chair Russell: Thank you, Marleine. Ms. Bastien: -- should not and cannot be for sale. This $31 million deal stinks, and it should be voted down. And then, I would ask Commissioner Keon Hardemon -- Chair Russell: "Merci, Madam. " Ms. Bastien: -- to recuse himself from this vote. Chair Russell: No. "Merci, Madam." Thank you. Applause Chair Russell: Thank you for your comments. Next public comment, please. Please, no applause, please. Kristine Hammatt: Good evening, Commissioners. Chair Russell: A little closer to the mike. Ms. Hammatt: Little closer. Chair Russell: Thank you. Ms. Hammatt: My name is Kristine Hammatt. I live at 1430 Brickell Bay Drive. I had been a resident of 1430 Brickell Bay Drive since 1971. That's 48 years, okay? I do want to stay, and I have served on the Board of Directors several times, and I am not currently on the board, but I have kept up with everything that has been going on. I want to make a statement that a previous speaker here tonight does, in fact, own a unit at 1430, but he does not live there. He has never lived there, okay? A previous speaker has intimidated the board members by suing them, and has made forceful offers to purchase the entire building, and they have not been accepted as of yet. It is my understanding as a resident that a majority of the stockholders, in fact, do not support resigning, and do support the D-1-3 covenant. And I thank you very much, Commissioners. City of Miami Page 111 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you for your time. Sir. Applause Muhammad Tarsha: Good afternoon, Mr. Chairman, distinguished -- Chair Russell: Thank you. Mr. Tarsha: -- members. My name is Muhammad Tarsha, and I live at the Emerald Building, 1501. Me and my beautiful wife, we moved to the area because we truly fell in love with the community. We love the neighbors. We love the family-oriented neighborhood. It's just absolutely gorgeous. It's nothing like I've ever -- you know, I've been all over the countries. And I want to speak on behalf of preserving the restrictive covenant of the -- that's attached to the property at the Babylon. I mean, the previous owner who voluntarily engaged in restrictive covenant that is transferred to the current owner, and the owner bought it, whether he was knowledgeable or did not know, but regardless, that covenant still is legally bounded, because, you know, it's still active. Now, the developer, if he -- if we let him do what he want to do, he's going to build a monstrous atrocity that basically will block the sun of some of the residents at the Emerald, number one. Number two, it will like really make -- the bad traffic that already exists, it's going to make it like unlivable, you know, because it's -- already have been exaggerated over the years. Third, it will permanently and really egregiously change the neighbor -- the nature of the neighborhood, you know, which I really love and adore, and I think everybody in the neighborhood agree. So, please, I want to ask you to preserve the legal document that was legally entered, voluntarily entered by the owner of the Babylon, and is still attached to the Babylon. And I want to thank you for your help. Chair Russell: Thank you for your comment. No applause, please. Thank you. Megan Tamacero: Hi. Megan Tamacero, resident of the Emerald at Brickell, and the area of -- we're talking about the D1.3 covenant. Chair Russell: Yes. Ms. Tamacero: I'd like to thank the Commissioners very much for deferring the item before, because the neighborhood had not been -- well, I wasn't. I know there are people in the neighborhood that knew about everything, but we took the time and we were really able to dig in because of the time you guys gave us, so thank you for that. The agreement was made in good faith with the neighborhood. There are portions of the covenant that I don't understand. There's zoning things, and I'll leave that to the zoning lawyers to figure out. But what I'm here to say is I've lived in the neighborhood for 10 years. I bought in the neighborhood when Miami 21 was put in place, and I've lived with that covenant as a part of my life for these past 10 years. So I take a particular offense to the lawyers of the Babylon coming in and saying, "Oh, just disregard all of the items of the covenant." How can you say that? Some of the items of the covenant, especially Number 10, say that any changes to the building must be made with the agreement of the neighborhood and of the President of the Point View Association. So for them to just come in and say, "Oh, throw that out, " that's -- for me, I'm here speaking against that. So I'll leave the lawyers to settle the details about the zoning, but I just wanted to let you know that myself and the people that stood up before are in the neighborhood. I don't know who the people who spoke here were for. I've never seen them before. Again, I've been there for 10 years; never saw them before in my life. So we are here speaking on behalf of the covenant, and we thank you for your time. Chair Russell: Thank you. City of Miami Page 112 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Ms. Bastien: Mr. Chair, Mr. Chair -- Chair Russell: Sir. I'm sorry -- Ms. Bastien: -- isn't it a conflict of interest for (UNINTELLIGIBLE) to be talking? Chair Russell: Not at all. This is public comment. Please -- Ms. Bastien: Oh. Chair Russell: -- this is time for public comment. Ms. Bastien: (UNINTELLIGIBLE). Chair Russell: Please, please. Jean Souffrant: Good afternoon, everyone. My name is Jean Souffrant, and I've been going to Notre Dame for the past 27 years. Notre Dame is located on 110 Northeast 62nd Street. I've been -- I practically grew up in Little Haiti, and I've been going to Notre Dame since I was a child. Yes, Marleine, I am a consultant for Magic City. And the reason I chose to work for Magic City, because I believe that they're going to be doing great things for the community, and being at the table is the very best place to be. And I've been there, and I have seen what they are doing for the community, what they plan on doing for the community, and I support the project. And I want to bring your attention to one thing that has been said tonight by the opposition. Little Haiti has been, since I've been growing up therefor the past 27 years, where it's at. A lot of the people that are speaking against Magic City tonight, it's only because they stand to gain as long as Little Haiti stays the way it is. All the organizations that are speaking, how would they apply for their grants? How would they get their money if Little Haiti was to be developed? How would they? Who would give them money to say that the people in Little Haiti needs help; the people in Little Haiti is dirty; Little Haiti is underdeveloped? As long as Little Haiti stays where it is, a lot of the people that are speaking against development, it's because they will all be applying for funds to put Little Haiti down. I want you to think about that. Thank you. Chair Russell: Thank you for your comments. Please hold your applause, please. Is there anyone else here to speak on public comment for our agenda? This is your last chance if you're here to speak to this dais. We won't be opening public comment again after this. All right. We're closing public comment. I really thank you all for your involvement and your patience, and your civility. City ofMiami Page 113 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 PART B: PZ - PLANNING AND ZONING ITEMS) The following item(s) shall not be considered before 2:00 PM PZA 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," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. A motion was made by Commissioner Hardemon, seconded by Commissioner Gort, and was passed by the following vote: AYES: Commissioner(s) Gort, Reyes, Hardemon; NOES: Commissioner(s) Russell; ABSENT.• Commissioner(s) Carollo; to deny Family Action Network Movement (FANM) intervener status pursuant to Section 7.1.4.3(d) of Miami 21. For additional minutes referencing Item PZ.1, please see "Public Comment Period for Regular Item(s), " and "Public Comment Period for Planning and Zoning Item (s). " Chair Russell: Final three items; PZs.1, 2, and 3, please. Victoria Mendez (City Attorney): Chairman, if I may? Mr. Court Reporter? Mr. Court Reporter? Unidentified Speaker: Yes. Ms. Mendez: Over here. Could I have your card, please? Thank you. City ofMiami Page 114 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Are we ready? Neisen Kasdin: We are ready, Mr. Chair. Chair Russell: Good evening, Mr. Kasdin. Mr. Kasdin: Good evening. Neisen Kasdin, Joni Armstrong Coffey, Ben Hedrick, of Akerman, representing Magic City. As you know -- I think many of you know Neil Fairman, who's the managing principal of Magic City. One thing I would like to mention just for the record is that we have had discussions, either directly or with staff, myself, or principals of Magic City, with all of the members of the City Commission, so I wanted to disclose that for the record. I think that there's, you know, nothing -- you're all, I think, well -versed and have -- and familiar with this item at this point in time. The only additional message that I would deliver, I was very heartened by the discussion this evening, as well, with respect to Allapattah and, of course, Little Haiti, which is that there's a strong desire to uplift and improve these neighborhoods. And the Magic City Project is a rare opportunity to provide economic development, good jobs, opportunities for jobs and job training, with priority and preference to residents of Little Haiti and the surrounding neighborhoods, and restart and revitalize the economy of that neighborhood, and improve everybody's lives. And so, this project is designed to do that. It is a job - generating project at its core, with office and work space and creative space to create jobs, and will create enormous spinoff in terms of the immediate neighborhood and area. So there's really nothing more to add at this point in time. We're here to answer any questions that you may have. But we would -- we're anxious to move forward and have this adopted on first reading, and to continue working with staff and with the neighbors, as we've been working, making this the best project possible. Commissioner Hardemon: Mr. Chairman? Chair Russell: Thank you very much. Commissioner Hardemon. Commissioner Hardemon: I've been hearing this statement -- I've heard it time and time again. I've heard it rebutted in many different ways, but I still continue to hear this statement, and even -- it's an expanding statement, because I think now it's been included to say that I've been requested to have meetings with the public for you all and your project, and the community. I'm trying to understand -- because, by no means, is it -- well, I'm just trying -- I'm trying to understand what type of public outreach that you've had, because there's still people here -- and I'll tell you, people aren't sworn to tell the truth when they come for public comment. I know the Clerk likes to have everyone stand up and raise their hand and swear to tell the truth, nothing but the truth, but that really only applies to the applicant and -- responding on the appellee and appellant, et cetera. It doesn't really apply to those who are coming to give facts for public -- what they determine to be facts for public comment. And so, you know, I've always taken what people say to me on the dais with a grain of salt, because sometimes they're not truthful. So I'm trying to really and truly understand. When we talk about public outreach, can you describe to us what the public outreach has been on this project? Mr. Kasdin: Yes, Commissioner. The public outreach has been extensive, and we have had four community meetings. We have met with dozens of neighborhood organizations and other local organizations. There have been probably literally hundreds of meetings with neighbors and Concerned Leaders. We have also worked -- and they have written about it to the Miami Herald, and it was recognized today in the paper, as well -- with a group -- the Concerned Leaders: Father Reggie, Leonie, Gepsie, Francois, and other leaders of the Haitian community, who have met City of Miami Page 115 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 numerous times with us. The outreach has been extensive. I could provide you -- we actually did provide you before with a list of all of the meetings; literally dozens and dozens and dozens of meetings over the last almost two years now. So -- and I know you, Commissioner, you know, are aware of it and -- as well, but it does bear mentioning, the outreach has been -- it's probably been as great an outreach as I have on any project that I've ever participated in. Commissioner Reyes: Do you have an attendance sheet of people that were there? Mr. Kasdin: We have a complete list of all -- we do have attendance sheets for many of the meetings. We have a complete list of the meetings, including the four public meetings, which were -- You know, some people just want to go to a meeting to be able to scream and yell, and that's it. Their meetings were actually much more constructive and productive. They had sessions, invited hundreds of people, were attended by hundreds ofpeople. City staff attended two of those sessions, where they set up stations, basically, and booths, where the project principals would go through exactly what was being proposed and answered individual questions, and it was a unique and more -- a deeper kind of outreach, candidly, than I have ever seen. Now, if you just wanted to be able to stand up in a meeting and scream and yell and stomp your feet, well, no. That wasn't the process for it. But at the same time, in addition to all those community meetings and all the additional outreach to -- and I can list to you all of the organizations, but I won't take the time -- they have been meeting for months, as well, with the Concerned Leaders and the constituent groups and the Concerned Leaders, as well. So the outreach has been -- as, Commissioner Hardemon, you asked, has been extensive and long -- and over a long, long period of time. Commissioner Hardemon: If you had a meeting that was not as constructive, that was an opportunity for people to come and to voice their objections to -- as you put it, you know, kind of stomp around, if you will, do you think that there's anything from that meeting that would be productive, that you could all use? Mr. Kasdin: Well, Commissioner, I think we've had three of those; maybe four of those, including today. We have heard from the people who have -- who are in opposition to the project, and we've heard their -- them say, candidly, the same thing over and over again. We're always open to hearing constructive guidance and advice, of course, but I think we've heard from the objectors repeatedly in this forum; four times before the Planning, Zoning and Appeals Board, as well; before the Urban Development Review Board. There have been -- just in the City side, there have been -- I think this is the sixth public hearing at which -- or hearing at which public input has been received. Commissioner Hardemon: There's a group that you described earlier called the "Concerned Leaders of Little Haiti, " and I know -- I believe at our last meeting, they were very respectful of a certain individual that they basically named is one -- the impetus of them all coming together. That person is by the name of Marleine Bastien. As I understood it, she was the person that bought [sic] the issue to the light, if you will, that they all needed to organize; and from there, you had a collection of different people who are very well-respected within the Little Haiti community, including, you know, like -- individuals like Gepsie Metellus and Father Reggie, et cetera. So my point there is that, you know, before you all had an opportunity to ever sit and meet with me to really discuss your idea, I've always been a proponent of going to the neighborhoodfirst; going to the communities to see what it is that they want, what they desire, et cetera, moving forward. And so, Marleine made a statement; that she wants a seat at the table, and I'm trying to understand this concept of "seat at the table, " because as it appears to me, there was a seat at the table for the leadership of Little Haiti to make -- to have discussions with you, City of Miami Page 116 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 and come up with some sort of agreement as to what they believe was necessary in order to move this item forward and for it to be acceptable within their neighborhoods. And so, I know you don't probably know what happened between Marleine Bastien and the Concerned Leaders of Little Haiti. But would you consider the role that the Concerned Leaders of Little Haiti has as -- and I put my fingers up for quotation marks -- right? -- "a seat at the table?" Mr. Kasdin: Yes, Commissioner, very much so. And I think representing the major interests within Little Haiti, and starting with, first and foremost, Notre Dame d'Haiti, which is the largest, most important institution in the community, so they have had a seat at the table. And I would -- I don't want to get too in the weeds, Commissioner, but, you know, Magic City has had -- the ownership has had tremendous outreach and dialogue with the Concerned Leaders. Marleine was able to -- was asked to be able to participate, but the structure that they came up with was a working meetings, and sometimes they would -- you know, there would be contentious issues, but where they -- 10 or 12 people would sit at a table and go through item by item by item by item. Marleine would not meet unless it was a large public forum, where she could speak. And so, the Magic City ownership, as well as the leaders -- the Concerned Leaders thought it was better to have constructive, multiple working sessions to go through their -- the needs and interests, and what would be done. Neil Fairman: Just a little bit of the history in regard to Marleine Bastien. I met her originally -- Chair Russell: Your name, please. Mr. Fairman: Can I address the --? Chair Russell: Yes. Your name, please. Mr. Fairman: Neil Fairman. I met her for lunch and discussed the project with her about over a year ago. Prior to meeting her, I met her counsel, Meena Jagannath, twice. Then we had a public meeting, which Marleine attended, where there was about a hundred people, and she came with Mr. Mapou to the meeting, and we walked around, and I showed her all the exhibits. Meena Jagannath was there taking pictures of all the exhibits, and we walked through that. I tried a couple of times to meet with her again, but her schedule wasn't available. She canceled on me a couple of times. After that, we had another meeting with Marleine, who actually was part of the Concerned Leaders at the time, at a church, and met for about two hours after that. And that was the last time, actually, that I met with her. After that, the meetings were between my staff or I and the Concerned Leaders, but Marleine had left the group. Commissioner Hardemon: Why do you think it was important for you all to meet with the Concerned Leaders of Little Haiti? Mr. Fairman: We were looking for -- to try and get a consensus as to what were the most important items that the community wanted, and that's why we met with them. And many of the items that the community wanted were incorporated in the agreement that -- the Development Agreement that we have today, and I feel it's been -- you know, there have been some tough negotiations, but I really feel that we've accomplished a great deal together. And besides just meeting with the Concerned Leaders, we've also taken a hand, trying to learn about the community. We've done business management sessions. We've done educational sessions. We've done programs for the children, gang alternatives, so that the kids could learn computer skills. We've sponsored the soccer team, and got to meet some of the people there. City of Miami Page 117 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 We've done some programs at the church. So we've been trying to meet the community and understand the community, and it's a very culturally rich community with a great heritage. And I respect the people who have come to this country; many of them in very, very difficult ways, and have made a home in Little Haiti, and the idea is for them to feel comfortable culturally, but at the same time, be able to have the next generation have the ability to be at Magic City and be able to get educate -- some educational programs, be able to work there, and the whole area become a culturally rich area, and at the same time, become -- let this tide float all the boats. Commissioner Hardemon: Is there someone from Concerned Leaders of Little Haiti that'd be willing to take a question from mel Mr. Fairman: I think there would be. Commissioner Hardemon: You can approach this -- you can approach a different lectern. You can approach this one over here. Chair Russell: Over here to the other lectern, please. Commissioner Hardemon: Come to this lectern. Chair Russell: Thank you so much. And just state your name again, please. I know you spoke during public comment. Leonie Hermantin: Leonie Hermantin. Gepsie Metellus: Gepsie Metellus. Commissioner Hardemon: Can you tell me a reason why you would feel that the comment would be made that there hasn't been any outreach to the Haitian community regarding this project and there hasn't been any major public outreach, when the applicant is saying that there has been this public outreach? Ms. Hermantin: I really can't answer that question. I know that, as far as Concerned Leaders is concerned, we've not only met with Magic City; we've also conducted multiple community meetings to discuss the project and to even talk about solutions that would be possible, you know, through -- you know, when resources would be available. So we have met with the community. We have had forums, where about 200 plus people attended, where we discussed the project. We had Jeremy -- I think from the City of Miami -- come in and talk about the project. So I can't answer anything for anyone who says that there were no meetings. That's not - - that's something that we can't really say. But I know that, as far as we're concerned, we are pretty satisfied that we have held community meetings in the heart of Little Haiti. Commissioner Hardemon: Ms. Metellus, is there any --? Can you tell me why the Concerned Leaders of Little Haiti is uniquely positioned to advocate on behalf of this community? Ms. Metellus: Well, Mr. Commissioner, Commissioner Hardemon, I believe that we're uniquely qualified, because we represent, I think, a broad segment, a cross sector of the community; legacy stakeholders, current residents, current business owners, church congregams, business people, cultural entrepreneurs, so on and so forth. So I think we can state that we have a stake here. We have the -- we've earned the right to speak for and with the community, and we -- I think we've proven ourselves. City of Miami Page 118 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: Thank you. I was concerned, you know -- I'll address them now. Mr. Kasdin: Thank you. Commissioner Hardemon: You know, I was concerned really about the constant statement that there hasn't been any true opportunity for people in the community to speak about this project; and, you know, I've witnessed people from the community come here for the third time; and, of course, you've had PZAB (Planning, Zoning & Appeals Board) meetings, et cetera, where they've had an opportunity to also come to express how they feel about this project. I think today was the first day that there were probably actionable items that were being presented, but they were read off so quickly at the very end of a long speech that I'm not sure if I actually captured any of them. I'm not sure if my colleagues did either, because they were -- there was a long monologue that was pretty much the exact same thing that we've heard in the past, besides some different iterations that were obviously written by attorneys. And so, I had a -- part of me wants you to kind of just put that nail in the cojfin, in the sense of individuals are saying that they haven't had an opportunity to be heard. I don't think that that's true. I think that that is a misstatement. I think that those are intentional misdirections by the people who are saying it; I really do. But there are people that don't take time to research facts, and take what people say as gospel, and then, therefore, they create negative, really, ideas about how things are moving forward. I'll give an example. There was a gentleman that thanked Chairman Russell for, as he put it, holding the line, if you will -- I think it was his statement -- at the last Commission meeting for ensuring that we're here today discussing this item versus having first reading the last time we were here, but obviously, we continued this twice before that meeting. So there were two opportunities for you all to be heard. I remember very distinctively that one of your investors, who's world -known throughout the world, was very upset because he had -- I think he had rented a private jet, as well. He took a private flight in, and he wanted to speak; he wanted the item to move forward, and it didn't. That continuance was at the behest of the district Commissioner. The next meeting that we had was another continuance to further discuss items, et cetera. That continuance was at the behest of the district Commissioner. I've --you know, I've never --I know, from my perspective, I'm going to be attacked for whatever position I end up taking ultimately, but procedurally, as things move through the agenda, I just want to ensure that people who actually do want to give meaningful discussion, input, et cetera, to a project have an opportunity to meet, and I'm not quite satisfied that those who have spoken outwardly in opposition of this project really and truly want to create any meaningful input. I think I described it before; sometimes people want to just be known as, you know, fighters. They -- you know, you're not really concerned if something is passed or not, if there's a effect -- if there's a benefit to the neighborhood or not, because at the end of the day, I want it to be very clear that I'm not requiring you to do anything to make any payment. There's a -- there was a document that kept being referred to early on the record, saying that there were more dollars that were being put into the Magic City development than the dollars that had been negotiated -- they like to say by me, but really, it was a community effort that negotiated those dollars. And so, can you first describe -- because I -- when -- the first -- one of the first times that I met with you all, I said to you all, "What you have described here in your list are public benefits, and then there's a concept called a 'community benefit,' and I don't see many community benefits, and I'm not really that interested in public benefits. " And I've always taken the stand that the public benefit is something like, you know, you may have an improved street, or you might have new trees planted, or you may have additional green space. I mean, all these are benefits to the public, but the community may not have any true -- it may not really, truly help the community. And so, can you describe better for me what that difference was in the public benefits that City of Miami Page 119 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 you had versus the community benefits that the community was able to negotiate this far? Mr. Fairman: Well, I think the public benefits were partially based on the design of the project, where we decided to do a linear park through the center of the project, and be able to save a lot of the specimen oak trees and other trees that were on the project. Secondly, the other public benefit I believe is the employment that we're going to create. We're also going to open up two new streets that is going to allow the public to both communicate with the -- what we hope will be the new railway stop there to the church. And then, from the Caribbean Market and the Haitian Cultural Center, we're opening 3rd Avenue, which will be able to run right through to the Little Haiti Park. So I -- there's many other items, but that's what I'm considering to be public. The community benefits I think are -- Commissioner Hardemon: So let me ask you a question. With the public benefits then, you consider the cost of producing the things that you've just described as part of that number that was named earlier? Mr. Fairman: No. That's in addition to the number that -- the previous number had included the park -- some credits for the park. And also, the most important credit that we were receiving was for the office buildings. We were receiving three feet -- three square feet of credit for every office square foot that we could use, and wouldn't have to pay on the $11 a square foot. So we had about 20 -- almost $20 million worth of offsets on the $41 million in offsets that were the pub -- doing the public spaces, doing the offices, and also the trans -- some of the transit -- transport features. So if you took a look at -- on top of it, $10 million of the $41 million was the loss of profit in doing workforce housing versus doing normal housing that was considered as part of the $41 million. This particular $31 million today is an actual bottom line; $10 million more -- approximately $10 million more than what the 41 million was previously, because of the offsets that would have been had with the $41 million program. Commissioner Hardemon: On the record, you've described what you had to be workforce housing that was going to be built, and I'm assuming then, also, some other type of housing besides that workforce housing. At what point in -- say, for instance, your 15 -year outlook, were you're looking to actually build that housing? And second -- my second question -- housing in general. And then the second question is, at what point would you have been required to actually build workforce housing if you, in fact, decided to build workforce housing? What would be the trigger point for that? Mr. Fairman: The workforce housing would have been built in proportion to the residential housing that we would have been building, even though it may have been offsite. So it was going to be 7 percent. So if --you know, if we built -- that's for the affordable housing; pardon me. It -- we would have built 7 percent of affordable housing, but it would have been built at the same time as we were actually doing the first building. So if a building was a hundred thousand square feet, we'd build 7, 000 square feet of affordable housing. So the last of the affordable housing would have been done when the project was being completed. Commissioner Hardemon: So when you said, "the project was being completed, " how many years from today are you anticipating the project being completed that you would build affordable housing? Mr. Fairman: You know, we're saying that it could take as long as 30 years to finish this project if -- you know, depending on what the economic cycles are; and, you know, if we go through a period like 2007, 2008, and you get a five-year, six-year City of Miami Page 120 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 hiatus two or three times, during -- you know, if you have five years that it's great and five years that it's not. If we had a great economy through 15 years, I think we'd been finished through 15 years, but I think it's going to take at least five years to start residential in that area, because there's no market for that residential, so -- and another probably 15 years to finish the residential, and that's without any financial hardships. Commissioner Hardemon: So tell me, then, when you envision developing this site, how do you envision it occurring, in what type of sequence? Mr. Fairman: We see having to start the office buildings, which would encompass, initially, incubators, accelerators, and then those tenants would also be in the office buildings. We feel that the only way to be able to make the residential component work is to have the working office buildings drive the demand for the residential component. So I see us starting on the office buildings as quickly as we can possibly start on them. Motorsport.com, providing everything works out well here, is going to be kicking off their first building about the same time as we're going to be kicking off our first office building. They'll both be on 4th Avenue, and I see them taking about two and a half to three years to build. As those fill up and we start the third ojfce building, I would say that that's when we will be -- have a little bit of a market for the residential, for the people who are working in the office buildings. Commissioner Hardemon: So -- and what --? Vice Chair Gort: Let me ask a question. Incubators, that's one of the first phase, right? Mr. Fairman: Pardon me? Vice Chair Gort: Your incubators, that's the first phase --part of the first phase? Mr. Fairman: Yes. We're planning on having some -- we want to bring in some educational institutions, so that post -university or even post -other -- maybe even post -high school, in some cases, there will be courses for people -- The model is something that we've been looking at in Paris right now, where educational institutions -- and in that particular one that we've been visiting, there were six or seven educational institutions who were doing sort of post -graduate. Well, even -- and when I say, "post -graduate, " I don't necessarily mean post -university graduate; it could be even post -high school; having kids apply to them, and they work in this incubator. At the same time, we have commercial people in the accelerators, and there they had 30 different companies that were sponsoring the programs; each one of them would have about 30 desks in them. They would make application from the incubator to the accelerator, and these companies would accept their applications when they saw -- with the projects they're working on. At the same time, there's a venture capitalist component, and the venture capitalists get to see what's being produced in that, and that starts this ecosystem, where we can start to -- they're -- In Paris, the idea was a thousand startups, and that's what we're aiming at, also. We'd like to have a thousand startups go through this facility. Vice Chair Gort: Thank you. Commissioner Reyes: Done? Commissioner Hardemon: The -- You want to --? Go ahead, if you have (UNINTELLIGIBLE). City of Miami Page 121 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: No. I just wanted to -- I'm glad that -- because that was the first thing that I asked when we met -- Mr. Fairman: Of course. Commissioner Reyes: -- you see, that you are going through that route, and then you are training and giving them the first -- I mean -- I would say, trying to employ people from the area, you see; giving preference to the people from the area, and I'm glad to hear that. And also, that you're going to train those that doesn't have any -- the expertise, so they can be in the job. I have to ask this question, because I've been asked by the media, you see. One of your partners was -- I think it's Zangrillo, right? Mr. Fairman: Robert Zangrillo. Commissioner Reyes: That's right. I mean, he hasn't been charged with anything, but he was accused of doing something, but I don't want to go into it, but I just received information that he resigned from it -- Mr. Fairman: That's correct. Commissioner Reyes: -- because it was a concern, and that doing business with a person that could be indicted, but that -- the City Attorney will have some objection to that and -- I mean, for the record, the person is no longer with the company. He's not part of the ownership, right? Mr. Fairman: They're no longer a director. Commissioner Reyes: A director with your -- Now -- Commissioner Hardemon: But before you move further with that, I kind of want to make this -- because I've heard this sort of statement before. I want to make this clear, so that we're all on the same page. Commissioner Reyes: Yes. Commissioner Hardemon: He still has ownership in the company. Mr. Fairman: He does have ownership -- he does not have ownership, personally. He -- there's a company called Dragon Global, of which he owns 20 percent of -- Commissioner Hardemon: Okay. Mr. Fairman: -- that owns shares in -- Commissioner Reyes: Okay. Mr. Fairman: --Magic City. Commissioner Hardemon: In Magic City. Mr. Fairman: Now -- Commissioner Hardemon: And the Dragon -- City ofMiami Page 122 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Fairman: -- he also has a family trust that his family owns that is -- excuse me - - yeah, I think he -- pardon me. I think he owns 50 percent of Dragon Global, and his family owns about 40 percent. His children own about 40 percent of it. Commissioner Hardemon: Okay. Mr. Fairman: He has appointed a new director at Dragon Global. I don't know if it's a director or a managing member. That managing member that he's appointed will be the person who will be interacting with us. Commissioner Hardemon: Right. So he speaks on behalf of those entities? Commissioner Reyes: Yes. Mr. Fairman: He speaks on behalf of the shareholders. Commissioner Hardemon: Right, the new person that's appointed. I just want to make that very clear. Commissioner Reyes: No. I'm going to -- Commissioner Hardemon: And the second thing -- I don't know if he's been indicted or not. I don't know. Commissioner Reyes: No, no. I -- Commissioner Hardemon: I don't wish indictments on anyone, but I will tell you that I'm glad the conversation is coming about. It's something we have not had an opportunity to discuss, and I'm going to go further into it, but it may seem a little ironic, but, you know, certain -- there are opportunities for us to make changes to things as we move along. That's what this whole process is about. Sometimes, I may have a resident that says something that is brilliant, and we have to capture what that resident said, to incorporate it into how we do things. And so, there are going to be -- I'll wait a little bit, until after you're finished, but I'm going to have some requests of you all, because there were some recommendations that were made from the City that they related to me -- I was told they related to you as well -- where there are opportunities for improving the deal that we have that doesn't necessarily -- well, I'll just say -- I'll leave it at that for now. Opportunities that -- improving the deal that we have before us. And so, I want to ensure that we have an opportunity to kind of talk about those things briefly before we make our next decision, which -- and I personally believe our next decision, it had a lot to do with the -- what is perceived to be the lack of town hall meeting, and some other things that I have listed, with whether or not, you know, we approve something like this on first reading today, or we continue it to another day, pending some of these issues to kind of work through, but -- Commissioner. Commissioner Reyes: And I would like to hear it, and that -- I was going there. Mr. Fairman: May I clarify one other thing, please? I'd like to go on the record and say that Plaza Equity Partners is the managing partner for Magic City, MCD, and we handle the day-to-day affairs of this business. Mr. Zangrillo was never involved in the day-to-day operation of Magic City, and Magic City had no knowledge of his personal matters or his daughter's university application. Commissioner Reyes: Understood. Commissioner Hardemon: And -- City of Miami Page 123 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: And now -- Commissioner Hardemon: -- I mean, I want to -- and I need to clarify the record. I did actually speak -- I wanted to have -- there was an incident with some children and a gun -wielding person in District 2, over the bridge, where the guy was arrested on one thing. I did wish them to have additional charges, because I thought what he did was egregious, so I want to take that back. I have wished -- Chair Russell: You have looked for an indictment. Commissioner Hardemon: -- an indictment on some people. I did it, so I apologize. Commissioner Reyes: Now I would like to hear from the -- following on what Commissioner Hardemon said, that there are some suggestions from the Administration. And Mr. Garcia, could you please let us know what those suggestions are? Francisco Garcia (Director, Planning): Thank you very much for the opportunity to do so. First, I'll mention briefly that I would be remiss not to point out the many positive aspects of this proposal and the -- certainly, the transformative potential that it has. It has to be said. And I also want to, for the record -- because we, in the Planning Department, have directly involved in many of these public outreach opportunities and consensus building opportunities. There have been many. They have been robust. Much feedback has been obtained -- and input has been obtained from the community, and much of it has been folded into the project that we see today. As part of the process -- and I'm going to go now very specifically to Planning concerns. As part of the process, we are -- we have the responsibility to evaluate the proposal on a variety of issues, but to that, I want to highlight -- and that remain, in our opinion, to be resolved definitively are these. One -- probably the easier one of the two to address -- is this: The proposal before you today calls itself -- and I think appropriately -- the Magic City Innovation District. And what I would like to put to you for your consideration is that an essential part, a critical, pivotal part of an Innovation District has to do with the educational component. At present -- and so, affiliation -- and in case after case after case of successful Innovation Districts throughout the country, an indispensable component of their success has to do with a proper partnership with a stable, reputable educational association. At present --and I think this can be improved upon --the Development Agreement has the following language inserted in it. It says -- as pertains to partnerships with educational institutions, it says, "The developer agrees that it shall use good faith efforts to partner with or otherwise seek the involvement of an accredited public or private post -secondary educational institution for purposes of input and/or programming in the development of the Special Area Plan. " Frankly, I suggest to you, and I submit to you respectfully, we can improve upon that a more solid and sound relationship is sought as pertains to this particular aspect. And so, that is a comparatively easy aspect to address. And then, I'd like to focus for a moment on the issue of affordability; in particular, as pertains to housing in the area. I don't need to belabor the point that Little Haiti is facing an affordability crisis in terms of housing. And so, from the Planning perspective, what we were asked to do originally in the Development Agreement was to evaluate their proposal, and to try to achieve an arrangement that would yield a predictable and verifiable source of affordable housing, affordable and workforce, but affordability; income - restricted housing for the district. And I'll highlight, for a second, what we had obtained, and what we were comfortable with recommending to you for consideration, and I'll just do the highlights for reference purposes. And I certainly encourage you to correct me if I should be wrong. The requirement is that -- in the previous version of the Development Agreement was that 7 percent, 7 percent, of the residential program for the development be affordable, and that 14 percent of the City of Miami Page 124 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 residential program be workforce, and admittedly, this could take place onsite or offsite. However, there was a radius established of approximately 1,500 feet from the subject site. That may not have been adequate. That's certainly negotiable. We may want to expand that further, but that's what we had right then and there, which is 7 percent and 14 percent; 7 percent affordable, 14 percent workforce. Now, I'm going to base the next projection on what the applicant submitted as their concept bookprogram calculations, and in -- which is basically -- Commissioner Hardemon: Before we go there. Mr. Garcia: Sure. Commissioner Hardemon: The 7 percent and the 14 percent, would that be triggered at a certain floor of development, or like --? What was the trigger to make the 7 percent and the 14 percent become something that should be realizable? Mr. Garcia: Understood. So the requirement -- or the paragraph in the Development Agreement states that at any point and time throughout the development process, 7 percent or 14 percent -- 7 percent affordable; 14 percent workforce -- of this space for residential program onsite had to be addressed in this fashion. So as they are building units, residential units, we would keep a count, a running count throughout the project of 7 percent workforce, 14 percent affordable, which was a great encouragement, we felt, for the applicant to actively seek opportunities to achieve the development of both workforce and affordable housing in the near vicinity, so as to run ahead of, not behind, that percentage of the count. Right? So this was an as -you -go requirement. Commissioner Hardemon: So you essentially are saying that you thought that what they would do is to seek other -- because I know that there are affordable housing developments that are within the area that needed additional funding. You're saying that, basically, you saw them investing in those projects, providing sort of a gap funding, and those units would count towards the units that they would have been required for the 7 percent and the 14 percent? Mr. Garcia: Correct. This would be generation of new net workforce and/or affordable housing units. Commissioner Hardemon: So would you have considered -- if there were, say, for instance, a $2 million shortage in a project that is within the Little Haiti area within those (UNINTELLIGIBLE) bounds that you described earlier, and they provided $2 million towards that development to be built, would you have considered those 80 units in that development a contribution towards what they had to deliver as far as the 7 percent and the 14 percent? Mr. Garcia: If they were net new units, and they came about directly as a result of their investment, and they could represent verifiably that that was the case, then that would have satisfied that requirement, yes. Commissioner Hardemon: Okay. Mr. Garcia: And so, I'll make a couple of additional statements, and I -- and we can discuss further. And so, our estimation is that that would have yielded, over the life of the project, a total of about 600 units -- of income restricted units, right? And then, please -- Commissioner Reyes: Excuse me. That will be over 25 years' period, or something like that? 20 -- City ofMiami Page 125 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Garcia: The life of the project. And again, the important part of this for us is that this is verifiable, that we have leverage to ensure this happens, and that ability to proceed ahead with the project -- with the development is contingent upon satisfaction of this criterion as one goes forward, which is the position we are in as a regulatory agency; is to ensure that this happens -- right? -- and you certainly take us to task frequently as pertains to that. And so, based on this rough calculation -- again, based on the proposed concept (UNINTELLIGIBLE) program calculations, which is their proffered, likely development scenario -- not highest and best, not lowest and least, but their proposed development scenario -- that gets us to approximately 600 total income -restricted units; rough numbers for reference purposes. Commissioner Hardemon: But not all necessarily built -- not at -- that are not necessarily built on the site? Mr. Garcia: No. In fact, none of them had to be built onsite. Commissioner Hardemon: Right. So in fact, Magic City did not have a requirement to build any affordable housing on this site? Mr. Garcia: That is correct. Commissioner Hardemon: Okay. Mr. Garcia: That is correct. The requirement set forth was that it would be within 1,500 feet in the perimeter of the subject site, which is a significant amount of land, but perhaps not as much as it should have been. It's fairly restrictive. So very -- in close vicinity to the site. Chair Russell: Mr. Garcia? Mr. Garcia: Sir. Chair Russell: Am I remembering incorrectly, then? I had thought that the workforce was mandated onsite, but the affordable was offsite; am I incorrect, then? Mr. Garcia: Not mandated; optional still. Chair Russell: It was optional even for the workforce? Mr. Garcia: Yes, sir. Chair Russell: I had originally understood that the workforce had to be onsite. Mr. Garcia: Representations were made throughout that the provision of workforce housing onsite was more feasible, and there would certainly be opportunities to do that, and I think that was an aspiration that they had, but in terms of strict compliance language, that was not a requirement. Chair Russell: I missed that. Mr. Garcia: I just wanted to be clear about that. Mr. Fairman: And can I clam that we did not have to build any of it. We could have paid for it, rather than built it. Mr. Garcia: That is true, as well. City ofMiami Page 126 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: And I want to -- Explain what he just said. What does he mean by that? Mr. Garcia: That means that we would have considered satisfaction of this requirement a verifiable demonstration that their activities had produced this additional housing. So there wasn't housing before at those levels, available at those levels in the area; and their direct intervention -- they would represent to us that that housing had been provided, and that would have then have complied with that requirement. Now, it was understood, and certainly encouraged, that they would partner with other agencies, entities, et cetera, to be able to achieve that housing. And frankly, ultimately, our interest, our proper interest as a regulatory agency, is to ensure that there is a provision of net new residences at these affordable rates. Commissioner Hardemon: Is that how you understood it? You want to put it in your own words, Mr. Fairman? Mr. Fairman: Pardon me? I -- Commissioner Hardemon: Is that how you understood it, or do you want to put it in your own words? You made the statement that we could have paid -- Mr. Fairman: Yes. We had a choice that we could -- instead of building the affordable housing, we could have -- we were getting credits for the affordable housing against the bonus zoning; that's the way it was working. So we could have just paid the amount rather than actually built the units. And in fact, I believe that with all the credits, we would have been somewhere in the 12, $13 million cost to just -- Commissioner Hardemon: Where would you have paid the money to? Chair Russell: Affordable Housing Trust Fund. Mr. Fairman: The money would go to the City. Unidentified Speaker: Housing Trust Fund. Commissioner Hardemon: Oh, to the City. Mr. Fairman: To the Housing Trust Fund. Commissioner Hardemon: To the City of Miami Housing Trust Fund. Mr. Fairman: Yes, sir. Commissioner Hardemon: For the benefit of the entire City. Mr. Fairman: Well, no. An actual fact, we have -- we -- early on, we had asked if it could be put -- having communicated with your office earlier on, we asked if it could be kept in Little Haiti, and you were hoping that it -- you preferred that it would be able to be left there. Commissioner Hardemon: Yeah, I would try to fight for it. I do that sometimes. Mr. Garcia: The next step I will take is that we have internally -- and again, these numbers are rough estimates, but I think they're reasonable, and if not, you'll certainly correct me. So if it is true -- and it is certainly true, the way we understand it -- that this requirement would have yielded ultimately, upon completion of the project, at the end of the day, 600 total income -restricted units, we assign a value to City of Miami Page 127 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 those units at the rate of about 200,000 per door, all included. That would have been 120 million. Now, admittedly, admittedly, the expected cost to be covered by the developer would have been -- the amount of it that would have contributed towards getting like tax credits and encouraging or subsidizing that development, but even at that rate, at the one-fifth rate that one typically calculates these for, their contribution would have been approximately 36 million. Now, the only reason I'm going through these calculations is simply, in our effort to establish some point of comparison between what then took place, which was a presentation to us, an alternative method could be proposed for compliance with these requirements in terms of the public benefits yielded by the project. And again, I focus on affordable housing, because that's the issue at hand now. Mr. Fairman: There's one very important factor that's not being mentioned here. We -- when we build affordable housing, we could use approximately 15 percent equity, and the balance of it would come from different County and City, and possibly land donations for it, where we would probably -- maybe there's 15 or 20 percent of equity invested in this, and we would own the property after. In this particular case, we're giving $31 million, and we're not going to own anything. And besides that, the numbers that you're quoting don't take into consideration the finance, which we wouldn't have to lay out; they don't take into consideration the subsidies that we would be getting, and they don't take into consideration the tax credits, the federal tax credits that we would get, also. So when you input the affordable housing, the cost to us in the long run would have been very little in comparison to the $31 million we're giving today. Mr. Garcia: And that's a fair point, Mr. Fairman. And these are all approximations, and I stipulated that in advance. And I both said that these were rough numbers, and I also factored in what -- in an effort to take that into consideration -- the one-fifth reference I made was besides the reference to that. That said -- Mr. Fairman: Also, Mr. -- Mr. Garcia: -- that -- if I may -- Mr. Fairman: -- also, Mr. Garcia -- Mr. Garcia: No, no. I need to complete the thought. Chair Russell: Please. Mr. Garcia: I need to complete the thought for coherence purposes -- right? -- because otherwise, none of what I say will make sense. Mr. Fairman: I'm sorry for interrupting. Mr. Garcia: No, no trouble at all. And I'll be brief about it. Bear in mind that, ultimately to us, how the goal is obtained is, frankly, not of the essence. We had, at one point in time, a verifiable enforceable means to obtain in our view those 600 cost -restricted units, which is really the goal here. And so, if you'll allow me for just one more second, in lieu of that, what we are not considering -- and I grant you that this is, in part, comparing apples to oranges, but I'm doing the best I can. We're doing the best we can. So in lieu of that, there is now a proposal on the table that provides $31 million. These $31 million go not exclusively, necessarily, toward the provision of income -restricted housing, affordable or workforce; there are other purposes attached to it. In addition to that, there is a fair degree of assurance that six million of those, in fact -- I think almost certainty [sic] -- that six million of those City ofMiami Page 128 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 $31 million would be provided upfront, essentially. However, the remainder are to be collected at the rate of $4.03 per square foot over the life of the project. There are no provisions -- and again, these are things that I put on the record for your consideration. There are no provisions at present --this is that concern --that there is any adjustment of that contribution over time; that remains fixed over the life of the project, however long that life may be. And it is also the case that there is no longer a verifiable assurance that the net result will be those potential 600 units based on the percentage of however much residential program they provide; instead, it simply has to do with the market, the market fluctuations, and how much the project has developed versus not developed. Right? So that's a concern to us. The last part of the narrative that I will provide is simply an effort on our end to make this $31 million proposal at least make more sense to us or yield a more verifiable effect, and that would be to do two things. One, to certainly put in place some sort of an adjustment process for those contributions over time, so that it's real money that has real significance, whenever that money is placed into the trust. And the other suggestion we have made -- and certainly, the applicants have received the benefit of the suggestion, as I believe all of you have -- is that the $31 million contribution, beyond the $6 million -- that the remainder of it be front -loaded, as opposed to spread out throughout the life of the project. The advantage of that -- and the way that would be done, by the way, is to tally those contributions -- instead of at the rate of $4.03 per square foot, tag that to the $10.81 per square foot -- that happens to be the rate specified in our City Code and Zoning Ordinance -- for public benefits contributions within the Little Haiti area, generally speaking. Right? So that's already a number that is published and made reference to in projects, as well. The advantage of that then is that the first third of the project, should that be built -- and one would certainly expect that the first third of the project be built in terms of development capacity -- would have yielded the totality of those $31 million, which can then be put to good use towards the provision -- this time it would be the City through other agencies and partnerships -- of cost -restricted housing. So that is basically the calculus we have made. That is simply a proposal to try to get ourselves comfortable in the Planning Department, regulatory speaking, with a safe, predictable, verifiable method to, in the end, produce that very much-needed affordable housing. Commissioner Reyes: In other words, what you're trying to say is that we -- we're going to try, given your formula, to accelerate the $31 million that we're going to receive? And it makes a lot of sense, because if that -- if it takes 20 years to receive $31 million, I see the future value of -- the present value of $31 million, it will be substantially reduced. And instead of charging -- and when the first -- I mean, when they start the project, and the first phase of the project, the four -- at the rate of $4, you want to charge the rate of $10, which is the usual rate that we charge. And then once the $31 -- $31 million are received, then that -- we can use that money -- I mean, we can use it more efficiently, because we will receive it in a shorter period of time, you see? That's your proposal. Mr. Garcia: That's correct, sir. And I'll add one more thing that I glossed over, but I think it's worth remembering -- Commissioner Reyes: Makes sense. Mr. Garcia: -- and it is this, sir: It is that through this new Development Agreement, the full development capacity that otherwise would be staggered over time is actualized upfront. The moment the entitlement is approved, they enjoy the benefit -- the land itself enjoys the benefit of that full development capacity. That is also worth considering, and that is value today; not over the time of the project. Commissioner Reyes: It makes sense. City ofMiami Page 129 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Fairman: I understand that. It absolutely makes sense, and if I was looking at this from the outside, I'd think the same thing. But in the interest of fairness, I have to disclose. When we were talking about this, paying the bonus, we were starting on the 12th floor, not on the 1st floor. And the reason that we went to $4.03 was because Mr. Hardemon's office negotiated that we start paying the $4.03 on the 1st floor. I will very gladly go back to paying the $12, starting on the 12th floor. Commissioner Hardemon: I didn't say that. Mr. Fairman: So -- Commissioner Hardemon: That's the part -- Mr. Fairman: -- like everybody else does. Commissioner Hardemon: -- that I was trying to draw out of our staff, because I wasn't here, and I began to confuse myself, because I remember that the bonus dollars that were being paid for the additional units were always triggered at a certain height. And if you chose not to go beyond that height, then you didn't have to make those payments. Mr. Fairman: Well, I didn't choose it. Commissioner Hardemon: Is that correct? Mr. Fairman: Actually, your office negotiated. I'd rather go back to the bonus height than start on the ground floor. And if you want me to pay the $11, I'll start at the bonus height. My second point, just so that you understand, on the CPI (Consumer Price Index), or whatever you want to call it as an inflation, the offset for that was the $6 million upfront payment, and this was -- came up during the negotiations. And I don't think that it's fair that when we make concessions in a negotiation on paying the 6 million upfront, rather than having the CPI, that afterwards that it's renegotiated again. We're really at the breaking point of where we can go. I have the authority to make this deal today, but I do not have the authority to go beyond this. Commissioner Reyes: Do you have the authority to accelerate to $31 million? Can we find a way on which we can receive the $31 million and not in 25 years? Because according to you, it will take up to 25 years for the City of Miami to reach that amount, I mean, and -- I mean, it's going to be piecemeal, but -- understand what I'm trying to say. We want that contribution -- because it's a contribution; we're not charging you anything -- to be as effective as we can for the City of Miami and for Little Haiti; that we can invest it in a way that we can see the results, you see, before 25 years. I mean, that is -- because otherwise, you know -- well, okay, we get the apartments, and the apartments are going to be there, but what we're going to do is we want now to start, you see. As soon as we receive the funds, the funds are going to be used for affordable housing, and we can start seeing the results of that contribution. Mr. Fairman: And, you know, I would like to see us be able to pay it in seven or eight years. The problem is that we need to make money to pay money. Commissioner Reyes: Yeah, but -- Mr. Fairman: Let me -- can I just finish? Commissioner Reyes: Sure, of course. City ofMiami Page 130 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Fairman: And then I'll answer your question. Commissioner Reyes: Of course, of course -- Commissioner Hardemon: Please -- Commissioner Reyes: -- of course. I love this. Mr. Fairman: You know, we are not going to delay our construction in order to save $4.03 per square foot. We want to go as quickly as we can go, but I have to -- I'm in an area where the risk curve in this deal, being in Little Haiti, trying to develop what we're developing, is as high a risk curve as any project that I've ever undertaken in my life, or I've seen in the City of Miami, to be honest with you. So what I'm saying is, we want to pay it as quickly as we can build it. If we're successful, it'll be 10 years, but it's not under our control, the market conditions. If we're in a position where there's crime and there's problems, and people don't want to go there, I won't be able to have the market to be able to do it. If, for instance, the accelerator takes off, and ojJce buildings are built, and people, God bless us all; I'm happier to do it quicker than -- Listen, I'm 69 years old; I'm not looking for a -- I'm looking to do it as quickly as I can. Commissioner Reyes: You're still a young buff, man. Mr. Fairman: So -- Vice Chair Gort: You're very young; you're just starting out. Mr. Fairman: Pardon mel Commissioner Reyes: I'm older than -- Vice Chair Gort: I said, you're very young; you're just starting out. Commissioner Reyes: You're starting now, man. Wait until you get to be my age. Mr. Fairman: So I don't have to -- I don't -- we'd like to see this go as quickly as we can, but we can only pay for it as we build it, because we don't have the upfront funds, and we can't be subsidizing -- Commissioner Reyes: Can -- Mr. Fairman: -- we were ready to put the 6 million upfront. Commissioner Reyes: -- at least we -- I mean, that's -- probably, we can get into an agreement that there's going to be -- percentage of that money that is going to be paid in a certain amount of time, you see, because, I mean, getting it piecemeal like that, I think it loses the effect in this. Mr. Fairman: I understand, but, you know, as we build it, we can pay for it. I don't think that we're -- We'd like to go as quickly as we can, and I don't think we're harming the community by going at the pace of the market. We can only do what the market will allow us to do. We're taking great risks here. And respectfully, I'm really at -- where I can go. I don't have the mandate -- I've gotten this agreement passed by my board. Commissioner Reyes: It's your business, man. Business take risks. Everything in life is risk, man. City ofMiami Page 131 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Fairman: Pardon me? Commissioner Reyes: Everything in life is risky, you see? Mr. Fairman: We had an original -- Commissioner Reyes: And if it goes well, you're going to make a bundle. You know that, too. Mr. Fairman: -- we originally were proffering $28 million. I went back to my board to get the extra $3 million. They told me not to come back. Commissioner Reyes: Not to come back. Commissioner Hardemon: But I have -- Commissioner Reyes: I'm not talking about more money. I'm talking about less time. Mr. Kasdin: Mr. -- Commissioner Reyes, may I also add, the 6 million being paid upfront is being paid regardless of whether he builds one square inch, one square foot of building. Commissioner Reyes: I do understand that, Mr. Kasdin. I do understand. Mr. Kasdin: This 6 million is being paid upon approval of this SAP (Special Area Plan), and providing there's no appeal taken. Within 90 days, there's a payment of 3 million, and within 180 days after that, there's another payment of 3 million. That's $6 million, whether he builds anything or nothing at all. So he's -- and there's no project, no SAP, no project in Miami, which has had to pay 6 million upfront. He is paying -- he's doing more than any other project has been asked to do by paying that money upfront. Commissioner Hardemon: Even Brickell City Centre, with all that money? Mr. Kasdin: Even Brickell City. Commissioner Hardemon: You're kidding me. Commissioner Reyes: Yeah. Mr. Kasdin: This payment upfront is -- I would ask Planning staff if they can tell me any other project that's been required to pay 6 million upfront without building anything. Commissioner Hardemon: Well, I don't know if anybody's been required. Ms. Mendez: This is voluntary -- Commissioner Hardemon: No one's been -- Ms. Mendez: --correct? Commissioner Hardemon: Right. No one's been required to pay anything. Commissioner Reyes: We're not requiring anything. City of Miami Page 132 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: So let's clarify that for the record. I want to make this very clear, since -- Commissioner Reyes: We're not requiring anything. Commissioner Hardemon: Right. So -- Chair Russell: A voluntary proffer. Mr. Kasdin: Well, it's going to be in -- Commissioner Reyes: A voluntary proffer. Mr. Kasdin: -- we're talking about what would be is in the Development Agreement. Commissioner Hardemon: Right. So what -- listen to me here. You have the option of -- well, first, you have the right, when you amass a certain amount of land, to ask for an SAP. You can choose to ask for the SAP without any negotiations for public benefits, if you choose. You can also choose to ask for the SAP, including public benefits, like you're doing it right now. You having public benefits or community benefits -- community benefit agreements and you not having them, I can't tell you whether one works and the other one doesn't, because each SAP application is different. In this case, you've decided that you wanted to make contributions towards a community benefits agreement that should have positive effects on surrounding areas, not on -- not particularly on your site, but in the surrounding area, and for the community. Now, there was a statement that was made earlier on the record, which I wholeheartedly believe, and it was that Magic City won't solve all the issues in Little Haiti. I believe that it's going to take a mix of partners and law in order to kind of help us improve the living conditions in Little Haiti, because that's part of what we're troubled with. We're troubled with poor living conditions. Commissioner Reyes described some homeowners on the record, about them living -- they had rats, and all kinds of issues, when he used to knock on -- when he was knocking on doors over the seven times that he's run for public office here. I'm -- you know, I know what that means. Certain individuals within the City of Miami know the difference. They know when the season is for cock roaches -- Commissioner Reyes: Oh, yeah. Commissioner Hardemon: -- and for rats. They're not -- they don't necessarily come out at the same time. They know the season for termites, and they know the season for a number of different ills that they have to contend with in their homes, but traditionally, in the City of Miami, those individuals haven't gotten any relief - those who are renters in our neighborhoods have; those who are homeless in our neighborhood have. Commissioner Reyes: That's right. Commissioner Hardemon: Those who want handouts in our neighborhood have; those who want sporting facilities in our neighborhoods have. And so, part of the discussion, when we talk about that $100 million in affordable housing, and the way I think about this money, is how you give relief to individuals who've never had a true opportunity to have any sort of relief in the past? What I would hate to see, as I said earlier on the dais, is to continue to build at a rate, especially, that is much greater than homeownership, to continue to build rental units that people will never have an opportunity to own, that will never cause them to raise their area median income, to pull themselves out of poverty because they don't -- they never have an opportunity to home -- to have homeownership. In Little Haiti, we do have City of Miami Page 133 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 homeownership; in some of it, we do not. But another thing that we talked about at one of our last meetings was just the zoning in that area, and how you have a lot of multifamily homes in that area, and they're not in relatively good shape. Part of it is because a -- even if it is someone who is not owner -occupied. Someone who owns a property that's a duplex property, that the rents are not as high as it -- as it would -- as they would need to actually get a loan to renovate their property, who then, if they did take that loan and renovated the property, they would have to raise their rates so high if they can't find tenants to move into that space, because no one wants to live in a space where you have this sort of conditions, and you have to pay that high of the rent. So Little Haiti is really stuck at a real -- at a space that is almost like purgatory, because I would not expect any -- I wouldn't expect any of you to move into even a renovated space in Little Haiti if next door to you, you're dealing with slum. No one's going to pay that rent, and I think that's what -- when we talk about the market, part of the problem with the market, but we, I believe, as a Commission, have an opportunity to kind of play a role in that market. And by that, I mean, if -- and I always stress this. People will tell you, the more density you have, the more affordability you have, and I think that's only a function of the availability of property. So, for instance, you may have -- in New York City, you may have a unit that's 400 square feet, and the price, if you wanted to rent that space, is, you know, $2,500 -- Commissioner Reyes: Yep. Commissioner Hardemon: --for that one unit. Well, it's because they don't have as many units as that size, et cetera, in -- the density in New York. So what I'm saying here is that I think increasing the density in places like this can create some affordability in those areas, but more importantly -- because I think the areas are already affordable. They're just not -- they're not standard living conditions. What I want to be able to see for the Little Haiti area is a standardization of the housing product. So now, if someone's living in poor conditions, and they're renting the space, that that space can be renovated or can be taken from a two -unit complex to a four -unit complex, because now those additional two units will help the property owner make improvements into his space and make it more affordable for him to actually make those renovations, and then can still rent it out at a decent price, where people who are from the area, who lived in the area, who want to move in the area, can say, "Okay. Now there are 12 houses on the block that are being renovated, " because now the market is better to allow for us to truly make a profit and take the slum out of Little Haiti. And so, I think that's part of what we're going to have to do here, in conjunction with trying to find additional funds in order to help make improvements into those spaces. I mean, I'll tell you, a CPI sounds perfectly reasonable to me. The $10.81 per square foot for the contributions, I mean, it still sounds perfectly reasonable to me. The only groups that I've seen that have signed deals that said that, you know, "We agree on these terms" have been -- well, I'll say -- I'll put it this way: The City of Miami Commission, nor have I, signed any deal that said that what is presented is the best thing for us, and this is what we must go forward with. And so -- even the Robert Zangrillo situation. I think it's super appropriate to have a Robert Zangrillo Scholarship Fund for those who are residents in Little Haiti. I think that it's super appropriate for us to name some institutions within the Greater Miami area that can participate with this -- with you - - as we described on the record, educational institutions. One educational institution that never really gets an opportunity to participate in much of anything is Florida Memorial University. It is a private, historically black college -- university right here in South Florida -- Unidentified Speaker: Amen. City of Miami Page 134 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: -- birthplace of the "Lift Every Voice and Sing. " I'm sure you've heard that before. So -- because I know that FIU (Florida International University) is going to get love; they always do. I know that Miami Dade Community -- Miami Dade College is going to get love; they always do. I know that the University of Miami, to some extent, will get some sort of love -- I'm a 'Cane. -- will get some love, because these are the players that we're used to engaging with. But in order for us to really encourage the sort of transition back into these neighborhoods that we wish to, I think we have to reach out to universities, such as those, such as -- rather, such as Florida Memorial University, that have a population that reflects that neighborhood. And so, you know, like I said at first, I mean, some of these things I really wanted to consider before actually hearing something on first reading -- I mean, voting on it on first reading. But I think the record has been supplemented quite a bit with the amount of outreach that has been done; recommendations from our City staff as to how you're considering moving this project forward in the first place, because what I find to be quite interesting about the way that it -- the deal was set up before this whole $31 million discussion came about is that if things went perfectly, you would get at least 600 units -- well, about 600 units that could be built elsewhere, but if it didn't go perfectly, you may not get 600; you may not get five, you may not get four, you may not get three, you may not get two. I mean, these things -- it could not happen, and yet and still, there still wouldn't be any other investment that you would make, necessarily, in the Little Haiti neighborhood, because the money will be going -- if you did pay any bonus, it would be going to the Housing Trust Fund. And so, you know, from the very beginning, I said that I believe any time you have an SAP grant and you provide as many benefits as you have for an organization that there is an instant appreciation in that property. I really do believe that. And from that, the first number that I ever stated to you all was $100 million. I think you remember that, right? Why did you tell me, "No?" You can't give us a hundred million dollars voluntarily? I mean, I remember that number, right? I want a real response from you all. I asked you for a hundred million dollars. Mr. Kasdin: Yes Commissioner Hardemon: What was your reply? Mr. Kasdin: It's not possible. Commissioner Hardemon: And why is that not possible? Mr. Kasdin: It's unfeasible; economically unfeasible. Commissioner Hardemon: So, I mean, I completely understand that this is one of those things where it's like you have to be able to make money to continue to build and do what it is that you want to do, and make voluntary contributions to a fund that's meant to help other people, not you. But part of our responsibility is also just to continue to tweak these things to make it better for the neighborhood, better for those who are going to be entrusted with ensuring that Little Haiti has some future in the City of Miami. And so, that's why the trust is very important, because they start to really think about these things. They start to think about -- what type of zoning do we need in Little Haiti? What are our real needs in those communities? How is it that you take whatever investment that's in there and create more affordable housing, homeownership affordable housing? I mean -- look, I'm sure you're going to have a beautiful space, but I'd rather own my home than rent it from you any day. Right? I can come spend, whatever, 10, $12 that I have to come visit your shows, or a hundred dollars, whatever it may cost me to visit a certain show, and go back home to my home that I own than rent with you. I don't know why people seem to believe that poor people want to live amongst people with a bunch of means anyway. City of Miami Page 135 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 It doesn't always exist that way, but I digressed. My point to you is that I think there are some things that you should consider. I think you -- Mr. Hannon: Chair, Chair -- Commissioner Hardemon, I do apologize. I truly apologize. Commissioner Hardemon: Its 12 o'clock. Mr. Hannon: I need about a three-minute recess just so that the clock can strike midnight, and then we could start back up again. Chair Russell: Thank you. Mr. Hannon: So just a three-minute recess. Chair Russell: We'll just meditate for a moment. Commissioner Hardemon: It's like -- what they call that thing? Later... Chair Russell: And we're back. I think we were just at -- Commissioner Hardemon: So -- yeah. So where should we start? Should we start with the Bob Zangrillo Scholarship Fund, the CPI -- Chair Russell: For the Florida Memorial University -- Commissioner Hardemon: -- (UNINTELLIGIBLE)? Chair Russell: -- Bob Zangrillo Scholarship Fund. I like the sound. It's going to go viral. Commissioner Hardemon: No. I think it -- look, in seven years, no one is going to remember what happened there. They're going to remember that Bob Zangrillo made a scholarship fund for those individuals. I'm telling you what's going to happen. That's how the world works, but -- So I'm -- so this is where I am, because I understand how you all feel about things. You're not happy. You're not happy. I don't like passing things on first reading, because I think it weakens my position, but I will tell you, I know that this deal has benefits that really exceed any other deal that has come before it, but that does not mean that the deal can't be better. I understand that there are times in which organizations say, "Look, I just" -- "Okay, we can't do that. We can't do any more. " Right? And you know, that's okay. I've been very plain about certain things in the past, and, you know -- and this thing is, it's very interesting, because I think people try to take --for instance, I heard someone say -- or I read something that said that, "Keon Hardemon " -- I believe that's what it says -- "is the elected official who is the proponent of this project. " I disagree. I'm here to hear the presentation that you all have to make. Part of my responsibility as a district Commissioner is to ensure that we work the best deal that's possible, if there is going to be a deal on the table, for the residents of the City of Miami. But I'll tell you, a project of this magnitude has a regional effect for the City of Miami, and by that, I mean you intend on attracting people from everywhere into this space for entertainment. I know it to be true, because we've seen the sort of entertainment that some of your partners have created in the Cirque, for instance, that I've driven from my home in Miami to Orlando to visit, or I've traveled to Las Vegas and experienced. So, you know, we know that people come from lots of places to experience that sort of entertainment, and I think that that could be a wonderful thing, but there's City of Miami Page 136 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 certainly a major tradeoff. This is a complicated set of facts when it comes to how we can go about making this something that is tolerable to the residents and also to you, if this were to pass. I -- you know, and I try to explain to people -- people kind of get lost on these facts. They spend a lot of time attacking me as if I have the only vote on this matter. I don't. I don't. We've been out -voted in our district on projects that I believe mattered to us and other communities before, and it is a fact of reality that sometimes what the Commissioners feel is appropriate is not what the district feels is appropriate. And so, we don't know what the district feels is appropriate yet, because I don't believe we've come to that point where we've said -- well, we should - - this is not -- we're not there yet in the sense of where I can say, "You know what? This is what it is. " But I will tell you that I like some of the things that -- oh, I like the things that I heard from staff. I do like -- I would -- I certainly would like to -- I would like for you to have one of those sounding meetings. I call it a sounding meeting, which is basically what we have here; that maybe, in order to have some control and some decorum that Father Reggie could actually host that at Notre Dame d'Haiti, where him or his delegate could give an evening to hearing what I know potentially are the same things that we've heard here, but essentially, to give real thought into what it is that people have to say to you, because at the end of the day, this is his community, as well. This is Leonie's and Gepsie's. This is all of their communities. And so, we want to make sure that no one is shut out from the project, even if they're doing things to shut the door on themselves. And so, I like the idea of having another meeting. I like the idea of having a Bob Zangrillo Scholarship Fund. I like the idea of including any historical black colleges and universities, particularly Florida Memorial University. I like the idea of a CPL I like the idea of $10.81 square foot for the contribution. And you know, even the 10. 81, we're not talk -- we're not -- no one's asking you, besides the Zangrillo Scholarship Fund, to make any contribution that is above -- that is more than what you've committed. It's merely an additional $6 [sic] or so beyond the contribution that you're making. So if you're -- if it's going to cost you -- I don't know what the numbers are, but say it costs you $250 per square foot to develop what you intend on developing -- and I'm sure there'll be a different number for different phases -- an additional $6 [sic] from that. I know you're going to tell me you can't do it, but I really want you to consider, strongly, to do it. And there were some other things that were of concerns to individuals; the 5 a.m. liquor licenses that exist by right, et cetera. I mean, there were a number of things that were kind of put on the record, and I really want you to give some serious, serious, serious, serious thought into making those apart of your application to us. Is that something that you can do? Mr. Kasdin: Commissioner, let me answer, and let me first put it in a little bit of context, as well. Most of the property there is currently zoned DI. Under the DI zoning, be allowed to build the 10 stories, 154 feet, as a matter of right, without having to pay or contribute anything to the community, whatsoever. With respect to the underlying zoning, from the very first conversation we had with Francisco a year and a half or so ago, he said that, given the fact that this is no longer a viable, really, industrial area, the natural next zoning category you would go to would be T6-8, which gets you to eight stories -- 12 stories with bonus, which would be -- in other words, be able to be built, in essence, as a matter of right. The -- we have come up with a -- in the application, with a special area plan that does provide for some additional height and some additional FLR (floor/lot ratio). We had been proceeding on the tract that that would be accounted for in a certain fashion, in order to attain the bonus height and bonus FLR, and that we would receive significant credits, as were mentioned before, for the public space and other contributions, as well. With respect to the affordable and workforce housing, none of it was ever required to be built onsite, and it was only going to be provided if and to the extent that housing was built. And so, there was actually not even -- in that fashion, not a guarantee that anything of that sort would be built. Your office decided that the direction should perhaps be changed, and we look at a broader City of Miami Page 137 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 concept of community benefits rather than public benefit, which includes affordable housing, potentially, and it includes other benefits to the community, as well. And one of the things which you and others have voiced as well this evening is creating a fund that may be able to be used to induce homeownership, and things of that sort; that, and after discussion and negotiation, the decision was made that those dollars would be paid, not based on achieving bonus height or bonus FLR, but for every square foot built, there would be $4 and change paid. In addition, even if nothing was built, the first $6 million would be paid within months of approval of the SAP, with the developer still to take all risks, all market risks. And remember, as I think we all know, we're dealing in an area that does not have established market in oj5rice, established market in hotel, established market in residential; therefore, none of those uses are, by any standard, by any measure today, really viable uses for development. So they're taking -- undertaking a huge risk. The partnership has agreed to do what's on the table before you this evening. They have not agreed to do any more. Commissioner Hardemon: They're not going to create the Bob Zangrillo Scholarship Fund? Mr. Kasdin: And, you know -- and in addition, this is really a critical, candidly, turning point in terms of this project. And I'm not saying this to be -- to overstate this, but you have a significant group of investors with an incredible record of accomplishment, and a great opportunity to deliver something of tremendous economic and community value to the Little Haiti neighborhood. One thing that they need is a signal of confidence from the City itself- that the City says, "Yes, this" -- "we do believe this will be a great project and can be a great project and we want to go forward, and we want to work with you. " That is something that is critical for them to receive. There is, as I think Mr. Fairman has already mentioned to you, the first occupant that's been lined up, motorsports.com, and I'm authorized to tell you that their decision -- and that is to employ upwards of some 300 people, I think, permanently -- their decision to go forward or not on their aspect of the project is literally dependent on this project moving forward this evening. So we've done -- it's been a difficult process. We've done -- the work has been laborious. I think what you want to do with the fund that's been created in terms of focusing those efforts on housing or focusing those efforts on other things is for the City to determine -- and we would be supportive of the direction that you and the community think it is best to go in, but at this point in time -- Chair Russell: Mr. Kasdin? Mr. Kasdin: -- the -- they -- our clients -- and I think for the benefit of this City, this -- I don't want this to turn into -- this is kind -- a little bit like an Amazon, except there's no public dollars and no public land. And the investors, who are the world- class caliber investors, need to be shown the confidence that this City has to go forward this evening. Chair Russell: Mr. Kasdin, I'd like to help a little. Mr. Kasdin: Yes. Chair Russell: I've been very quiet and listening, and I like to observe. I think you are seeing a signal, and I think the signal from the district Commissioner is that he's looking for an open mind. And if you are to make a hard decision tonight, you'll be making that decision, and it may lead to another deferral, if I'm reading between the lines, and I may be incorrect. But if you have an open mind, which is not a commitment, but an open mind to discuss, you may get past first reading, and I may be reading in between the lines incorrectly there, as well, but that is further than this City of Miami Page 138 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 project has gotten to date, which is a pretty big hurdle, which means continued discussion. There's no commitment from either side, but the conversation continues, and you're much further than you were yesterday. That's just my recommendation. But I can understand where you are from your position, and how this feels in this moment, because you have invested a lot, the partners have invested a lot, and I understand the frustration. But as I've just been listening to my fellow Commissioners here, that's my read on the moment, and I'll just leave it at that. Mr. Kasdin: If I may, Mr. Chairman, I think your characterization is very -- is actually very good and accurate of where we are at this moment. You know our position, which is -- and in terms of what, if anything more (UNINTELLIGIBLE). Mr. Fairman has been clear on our position. I understand the position from the -- that's been expressed this evening from the City, as well. Obviously -- and I'm going to go out on a limb to say this. Obviously, discussion is always constructive, but the expectations of people have to be realistic, as well, and said appropriately. A deferral this evening would be, quite simply, I think the end of this project. And so, that's -- I think you've characterized it well and where it's at. Mr. Fairman: There has to be some rationale to why we're in the position we're in. And if this doesn't work out, I want to apologize to everybody who's helped us here, and worked with us, and supported us, and we're making every effort we can to make this happen. But when it comes to a point where we can buy adjacent land a lot less expensive than the $31 million that we'll have to spend here, a consideration has to be made to the alternative to giving the community the $31 million, and investing it in properties that surrounds the property. And we have done the analysis, and we know that we would benefit as much or greater by investing the $31 million in adjacent properties. We may not be 20 stories; we'll be 10, but we will also own the dirt, not just the air. And I had to make a presentation to our board, and had to justify the $31 million. And I'm always open to talk, but I wanted to be realistic, because there's no sense in coming back in three months after this goes to Tallahassee and being in the same position and expecting something that's way beyond where we can go. So we'd like a vote of moving forward, but I want the expectations to be real, because we're -- I'm not trying to be bold and threaten anybody, or whatever. It's just economic sense that we go out and buy more property rather than keep raising the amount that we have to contribute. This is not just a property deal; this is us bringing in something to Miami that it doesn't have; a tech hub, an innovative -- innovation center. We've hurt the project a bit, and delayed the project a bit. We've lost a couple of tenants that we thought we'd have. If Motorsport com is going to leave us, it really puts us right back at the beginning again, and hurts the project greatly. I'm asking you to please vote for the project. I'm willing to sit down and talk, but I want the expectations to be realistic, because we don't have a lot of room. Thank you very much. Commissioner Reyes: Sir, excuse me. You talking -- you said about economic spectations [sic] and -- I mean, we're talking about economics now. What -- I think that what the Administration requested is not that bad, I mean, because the only thing that we are asking is to accelerate. You know about economics. You know about the bang for the buck. If we get that money piecemeal in 25 years, you see, you know the value of the $31 million is not going to be the same, and we won't be able to do with it as much as we will -- would like to do. Be better off then to allow - - request that you -- if you want additional density and FLR, then do the apartments, but this is a way that we can (UNINTELLIGIBLE) -- I mean, we can channel those funds in a very effective way, and in order to do that -- you're a man of -- you're a businessman. You know that you need the funds to do it. It is not that you are going to come up with the $31 million tomorrow. You see? It's just try to accelerate it. That's -- City of Miami Page 139 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Fairman: I'm willing to try and make a deal, but the expectations have to be realistic. We don't have a large amount of flexibility. We have some flexibility that I have -- I'd say -- my board doesn't have any flexibility. I will go back to the board and try my best, but I can tell you that at this point, we're looking at alternate solutions, and we need to know where we're going to -- what we're going to do and where we're going to go. I want to do this project. It's going to be great for Little Haiti. The community's going to get $31 million. I'd rather give it to the 30 -- the 31 million to the community than spend it on other land. They've worked with me for months now to try and get this done, and they're expecting that money for the community, and I just don't want to leave the community behind. Please, help me get this done. Commissioner Hardemon: All right. So Mr. Chairman -- Chair Russell: Yes, Commissioner. Commissioner Hardemon: -- part of the issue that everyone is having -- and you got to remember where we are. So the first thing we have to decide is this SAP; I mean, is it appropriate for the neighborhood? And then, if there is a question to its appropriateness, if there is any mitigation that this project can have on the effects that it's going to have on the neighborhood. And so, that's kind of where the money starts to come into play. So we know that $31 million today is worth more than $31 million tomorrow. So 20 years from now, if you gave me $31 million, if you made a promise for me today, that's not the same dollar as if you gave me the $31 million today. I hope I was clear on that. I think you understand what I'm saying. So that's why it was important. I mean, to have six million upfront is good, because it allows the community to realize much of that money today. To have the next $6 million 10 years from now, and then the next six million 3 years from that -- you know, eventually, you're not buying the same basket of goods with that same $31 million. You know, before, I could buy -- you could buy three bricks for a dollar trying to build a home; now you can buy one brick for a dollar. I mean, so you build less homes. And so, that's part of what the issue is. And that's what the CPI gives us the ability to say, "Hey, you promised us $31 million that we can do these sorts of things with, and we want to make sure that we're able to buy the same basket of goods. " I think that that's perfectly reasonable. I personally do. I don't think that we're asking you to do much more. Now, the Bob Zangrillo Scholarship Fund, I didn't say you give money to me. You can create it yourselves, but just let these people and the people who attend Florida Memorial University to apply for it. I just think that's just a good thing to do. But, you know, the $10.81 -- all these things and -- the $10.81 per square foot and the additional meetings, I think, are all imperative. You know, I don't --will you walkaway because you get a deferral? I don't think you will. But I'm not here to -- that's not what I'm -- I'm not here to test you. I don't want to pull that card on you. It would be entertaining. It would make -- it would be entertaining. It will make good -- what you call it? -- press blogs. It's like -- you know, you have blogs; they're usually online. Press blogs are like newspapers; they print them. You can read them in the actual paper. So -- but at the same time, you know, that's not what this is about. What this is about is trying to negotiate something that could be acceptable to this Commission and also to the neighborhood. Right? Me, personally, personally, I don't like a lot of tall buildings. That's me personally. Me. Right? And so -- but I still have a responsibility here of hearing all of these different things, seeing what makes sense for the neighborhoods, seeing how the community feels about it, what they think is the best thing for this or that, but I still end up having a vote, you know, but -- so I have that responsibility. So what I'm saying to you is this: The way that I spelled Magic City in the past was C -O -N -T -I -N -U -A -N -C -E, continuance. That's how I spelled Magic City, because that's what we've always done. But I think that time yields you an opportunity to continue a dialogue. I would hate to see you dig your feet -- your heels into the City of Miami Page 140 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 ground on something that is not going to have a meaningful effect on you 10 years from now. 10 years from now, you should be doing very well. Fifteen years from now, you should be doing very well. And if you're not, you're not making any contribution because you're not building what you thought you could build. I mean, that's just a fact of the matter. So I expect you to do well, I want you to do well, but I also want you to not put yourself in a position where you're saying, `It's this or the highway. " So what I'm willing to do is I'm willing to approve on a first reading, but specifically, I want you to address these certain issues, because by second reading, we want to have true, meaningful discussion, or we want to be able to say, "We can include some of these things that have been discussed. " You'll have enough time to talk with your investors and your partners, et cetera, to see what makes sense, because -- and that gives you your ability to say, "Okay, Motorsports" -- or whoever it is that's going to be leasing or buying from you -- "that we're moving forward in this process. " But I want you to really understand that what we're discussing are mitigation effects on the neighborhood. And so, in order for a project like this to be successful, they have to present mitigating factors to the issues and the harms that it cause on neighborhoods. I agree. I mean, I'm the one that, remember, says, "Hey, we need more investment in these neighborhoods. We need more businesses. We need more this. We need more all of that. " I agree with you there. Your sight is a little different, because it's so -- it goes so deep into your property. It's not like if you were just abutting 62nd Street or 2nd Avenue, you know. It's a little -- it's a different monster, if you will. So I just really want you to understand that by even getting through first reading, it's not implying that you have any right or guarantee, or there's a possibility that this is going to be approved by this body just because you went through on first reading, because I want you to really understand the seriousness that we have when it talks about creating these benefits for an area like this, because frankly, I have -- we have residents that are in the Palm Grove, that are in the Morningside, that are in all these neighborhoods that'll say, "Deny it. Let them build whatever it is they're going to build, and we'll take that. " But I also understand that -- the effects of that, as well. They have no concern, necessarily, with what has traditionally happened just west of those train tracks, and for the neighborhood that is Little Haiti, and the ills and sufferers that they have. And so, you know, I hear them, as well, but I'm trying to be considerate of the path that it's going to take for Little Haiti to have standard housing for all people, and for people to live in conditions that we can all feel proud of in Little Haiti, and actually own it, you know, and that's where your leg up is with me; is there. But before we get into a possible motion there, I want to make another motion, because I think we have some house cleaning that we have to do. So if the members of the Commission would indulge me here, there have been -- there was a request of an intervener status that was put on the record by the Family Action Network Movement. The record had been supplanted from that organization, as well as the applicant. I want to recognize that they have and adopt -- whatever they've submitted, that we accept what they've submitted. But then also, I would like to move that Family Action Network Movement be denied the intervener status, because I don't believe that they've met the burden that they requested when, at our last hearing, they asked for the intervener status. That's my motion. Mr. Kasdin: Commissioner -- Chair and Commissioner Hardemon, with respect to that, I would also like to submit to the Clerk for the record the -- our opposition to their paper, their position, that was sent to you all Tuesday morning, both electronically and by hand delivery, but this is just for submission for the purpose of the record as the reasons for which they have no basis for being granted intervener status. Chair Russell: Thank you. There's been a motion. Is there a second? Vice Chair Gort: Second. City ofMiami Page 141 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: There's a second. I had received word from those seeking intervener status that they were not going to request it at this meeting, but rather, that they were -- if it were to get to second reading, they were going to make their full case for intervener status; that at that time -- at the last meeting, it was an incomplete request, was my understanding from them. That's all I know or have to disclose of that. Did you want to address that point? Jean Luc Adrien: That's correct, Mr. Chairman. The case is that -- at the last meeting on February 28, the Chairman did give leave for Family Action Network to provide more information and to actually make a presentation of that case to the Commission. We look forward to discussing the applicant's opposition to our motion, but unfortunately, Ms. Jagannath is out of country. She's attorney of record for FANM (Family Action Network Movement) on this motion. She's out of the country for a long planned work trip. On the 28th, as I said before, there was a leave to add the information. On March 7, Ms. Jagannath and FANM submitted written intervener status request. On March 14, Ms. Jagannath and FANM were here. This matter was continued to today, which Ms. Jagannath is -- was not able to make it, but previously to that, last Thursday, on March 21, Ms. Jagannath did email the City Attorney and the Planning Director, I believe, indicating that she would be out of the country, and that she would like to reserve the right to raise their intervener status request at the next hearing on this application, and to also have the right to amend or supplement the request with additional exhibits before the next hearing. We did seek indication from the City Attorney's Office in that regard, and their response to us was that Miami 21 is silent as to when the intervener status would be requested, and that is why Ms. Jagannath asked to reserve the right to bring it up at second hearing, or the next hearing on this item, depending on how the Commission would vote. Mr. Kasdin: Mr. Chair, I'd like to respond. Chair Russell: Madam City Attorney? Mr. Kasdin: May I? Chair Russell: I just wanted to get some advice from our City Attorney first on that issue. Mr. Kasdin: Mr. Chair, may I put some facts into the record, prior to the response? Chair Russell: Yes. Mr. Kasdin: So that the City Attorney has the full picture. So on March 7 -- dated March 7, there was a supplemental filing by FANM, which we didn't -- we were not served and did not receive. We ultimately obtained a copy of it, and we filed our further response two days ago to the City, and you've also received, it as well. Chair Russell: A filing with regard to intervener status? Mr. Kasdin: Yes. And their filing -- and this is the key thing, Mr. Chair -- provided all of the details and the factual basis on which their case rests. It included essentially two things: One, they identified an individual who lives approximately a third of a mile from the property, and they also detailed a list of some expenses that they purportedly apportioned to their efforts in regard to this. Those facts were filed by them, the City, two weeks ago or so. You've had them; it's before you. You have all the facts that you need in order to make a determination on this. City of Miami Page 142 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you. Madam City Attorney, I have not studied that, but maybe you can help guide not only to process but advice, because I don't know whether they've earned intervener status or not. But I want to make sure that whatever decision we make is a strong decision that we can hold -- that'll hold up. Ms. Mendez: Right. So Ms. Jagannath did reach out and advise that she was not going to be available. When I saw counsel here, I thought he was potentially going to act in her stead. If he is not ready to do that, then I would encourage that we just deal with this when she comes, and make the motion at that time so that -- I mean, normally, when you grant intervener status, you're here to ask questions of staff, you know, participate. She's not here; that's not happening. We might as well just wait for the same decision when she's available next time. Mr. Kasdin: She's just the attorney. Chair Russell: Just -- Mr. Kasdin: She's not the witness. Chair Russell: But Mr. Kasdin says that they filed a complete application for intervener status; is that correct? Ms. Mendez: Well, they filed -- what they did is supplement, based on what was discussed the last time, which was requested of her. Remember that she came -- she gave information, but it wasn't complete at that time, and she asked for leave to supplement the record. Mr. Kasdin: No. They did -- Commissioner Hardemon: No. I don't remember -- Mr. Kasdin: -- supplement it. Commissioner Hardemon: I don't -- Mr. Fairman: If I -- Commissioner Hardemon: -- remember -- Chair Russell: One at a time, please. Let me recognize Commissioner Hardemon first. Commissioner Hardemon: Thank you. I don't remember any -- necessarily, anyone asking for leave. What I remember is this: I remember, from the very beginning of this issue that FANM made it very plain that they were going to ask for intervener status. FANM, during the first time that this was being heard, wasn't looking -- was looking to see when they -- when it was best to have that intervener status being considered. At some point -- and I believe it may have been the second meeting that this was being heard -- that FANM decided that -- the attorney for FANM -- or FANM took to the lectern and were presenting facts to this body that we should consider in order to grant them intervener status. The problem with their presentation was that it was full of hearsay. It was -- there were statements that the witness was saying that were not statements that she could properly attest to, because it was hearsay upon hearsay. There were issues with us finding the facts necessary in order to come up with a decision that supported her position. And so, from what I remember of that meeting was that they failed horribly at presenting a case for intervener status. City of Miami Page 143 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: They what? Commissioner Hardemon: They failed horribly at presenting a case for intervener status, and I think anyone who was here saw that. Now, moreover, if you remember correctly, Marleine Bastien was asked to provide at that time, when she was standing before the lectern, the accounting of how much money was expended towards having these meetings, et cetera, that would cause them to have some special injury that was above and beyond what other organizations or other entities would have had that would give her the intervener status. And if you remember, she described on the record that, you know, her accountant was not available; it was late in the evening, et cetera. And when it was time to bring additional facts, after we had somewhat of a little break, her attorney of record did not take to the stand further to guide her in her witness statements, which, to me, is very telling, because attorneys -- the way that I see it, attorneys have a responsibility of not putting on false statements. Right? And so, you have to be very careful, as an attorney, if you're going to call a witness that you know may potentially bring about false statements. And so, my point in that is that that meeting ended rather abruptly. We didn't have an opportunity to really address -- to have that final motion, because I think I said on -- I believe I said on the record, very clearly, that I don't believe that they met the intervener status at that time. And so, I don't think that anything has changed from the last time that we've heard. And the fact that her attorney is on vacation or not -- I understand that our City Attorney wants to play kind. She wants to not have any objectionable issues that may come up, but the fact of the matter is that the facts were placed on the table for us to consider, and we have considered it, and I don't believe that they've met the burden for establishing intervener status in this case. Chair Russell: Just a moment. Commissioner Reyes: Mr. Chair? Chair Russell: Just one moment, please. Commissioner Reyes: I just want to add -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- that as I remember, what Commissioner Hardemon was saying. As a matter of fact, you gave additional time for the attorney to find names, and how people were -- I mean, how they spent money for those people that were affected. And they asked for additional time. And when additional time was given, and they couldn't men -- I mean, they didn't recall anybody. And when they came back, they just didn't have anybody that they call, or the amount. I mean, but additional time -- Chair Russell: Understood. Commissioner Reyes: -- was granted by you. Chair Russell: This is just my recommendation, because our recollection of that moment is different, but it doesn't matter; it's in the minutes. What happened, happened. My recollection was that they didn't have all the information they needed, and I asked for a motion to either approve or deny the intervener status in the moment, but no motion came. And at that point, I said, "You'll gather your further financial information, " or whatever, "and then you'll basically reapply, " but nobody here tonight is asking for intervener status. My simple recommendation -- if it's going to be hard "no" by --just by the votes, it'll be a hard "no" on that second reading, as well, just out of an abundance of caution -- and I don't think it's the City of Miami Page 144 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Attorney being kind; it's making sure we're protected from a liability perspective of making a decision without them here asking for intervener status in this moment. That's just my recommendation. So I would tend to err on the side of caution with the City Attorney's advice. Commissioner Hardemon: So -- Mr. Kasdin: Mr. Chair? Commissioner Hardemon: -- I want to say one more thing before you speak. Chair Russell: Of course. Commissioner Hardemon: The -- this is an application from someone -- this is an application, and granting intervener status gives an organization or a person the opportunity to be officially apart of this whole application process. Chair Russell: Yeah. Commissioner Hardemon: So the same way you had earlier an appellant and an appellee, it gives them that sort of capability. And we have to remember that what you allowed them to do when they were seeking the intervener status at the last hearing was call a witness. They cross-examined the witness. The witness had an opportunity to put facts on the table that we, as fact finders, have an opportunity to weigh, and from weighing all of what was presented, we have an opportunity to make a decision about something. Chair Russell: We do. Commissioner Hardemon: Now, no one who requests intervener status -- just because you request, it doesn't give you the rights that an intervener has. And so, even you -- we can make -- we can say, "Oh, but we'll decide it at a later time. " That can't -- that can be done. Of course, we could do that, but it doesn't guarantee anyone any status at all. So I want to be very -- Chair Russell: Of course. Commissioner Hardemon: -- plain about this; that what we're talking about here is a matter of rights and an ask from someone who understood that these issues were going to be presented, who understood that they needed to make a request for intervener status; that should understand, because of the seriousness of an intervener status, that at any time within the process that they can be called to --for cross-examination, to present witnesses, they have to make a case. And that's why intervener status is something that we've always taken very seriously here on the Miami City Commission, and it is not something that should be taken lightly. And so, I would argue that holding open the question of intervener status, where facts have already been presented on the record, where they've already called witnesses, where the witnesses have already been cross-examined, where we determine that there was significant hearsay, where we determined that, essentially, nothing was being produced that substantiated the claim for intervener status; that we've had a hearing. And now, it's just a matter of saying, "Okay, we're either going to grant this or we're not. " And so, where I am is at the position of denying it, because I don't believe that they've met their burden. Furthermore, even if we did give them additional time, I still don't think they're going to meet their burden. City of Miami Page 145 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: I understand, and you may very well be right. My only concern is that the exact party that you wish to not have a foothold in the conversation will gain one by saying their rights had been denied. Mr. Kasdin: Mr. Chair, I would like to -- Chair Russell: And I may be very wrong in that. Mr. Kasdin: -- address that, I if may? Chair Russell: You know process and law much better than I. I'm just trying to be careful. Mr. Kasdin: May I address that? Ms. Mendez: I'm sorry, but Mr. Kasdin, really quick. So Commissioner Hardemon is correct that, at the -- right now, there is no intervener status that has been granted. Chair Russell: Correct. Ms. Mendez: Actually, at the last hearing, it failed for lack of a motion. There was no motion to grant. There wasn't a second. There wasn't a -- So -- Chair Russell: Motion, yeah. Ms. Mendez: -- at this point, no one has intervener status. All I'm saying is that if they are going to request it in the future, at that time you cannot grant it, but right now there is no intervener status for the record. It has not been granted. Chair Russell: So would you opine that there's no active request in the moment either? Ms. Mendez: I would -- I mean -- Mr. Kasdin: He's asking now. Ms. Mendez: If he -- Mr. Kasdin: You know, I think -- Ms. Mendez: -- they need to make a decision if you are going to take the place of Ms. Jagannath and ask for it, and then there is going to be a motion that can deal with it today. If you're not, at this time, there is no pending motion for intervener status if you're not taking the position that you're asking for it. Mr. Fairman: Mr. Chair, let me -- Chair Russell: Thank you. Just a moment. Mr. Kasdin. Mr. Kasdin: There are -- you know, as Mr. Commissioner Hardemon said, there are facts, and these facts have to be put on the table, and Commissioner Hardemon's motion is completely in order. First of all, the intervener status can be granted if someone has -- or an organization has a difference in impact -- Chair Russell: Yes. City of Miami Page 146 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Kasdin: -- or degree, and the facts that they have presented on that are that they are one of dozens of organizations that are active in Little Haiti, not differentiating from any other organization. In fact -- Mr. Adrien: I'm sorry to interrupt. Mr. Kasdin: No. Excuse me. In fact, they are not even registered with the NET (Neighborhood Enhancement Team) Oj ice in Little Haiti, which is the ofce for all neighborhood organizations to be registered with. Number two, the person who they have offered as an individual lives at least one-third of a mile away from the site. In their statement -- and understand this: They had filed on March 7 -- or dated March 7 with the City -- you all received it. May I finish, Mr. Chair? Chair Russell: Well, you're actually making the case on the substance of the intervener status. Mr. Kasdin: No, but they -- Chair Russell: I just want to make sure that we want to go down that road. Mr. Kasdin: Well, because they -- it's before -- Chair Russell: And by you participating, you will also be making your case for intervener status. Mr. Adrien: Trying not to participate is my point. Mr. Kasdin: Mr. Chair, it's before you. I filed a motion for intervention with a statement of facts. Mr. Adrien: Mr. Chair -- I'm sorry. Mr. Kasdin: A statement that's before you. So their whole case -- the fact that Ms. Jagannath, she is not the plaintiff, she's not the intervener -- one seeking intervention status; it's the organization whose Chairman is here. The attorney -- an attorney representing that organization is here. Mr. Adrien: That's what I'm trying to say. Mr. Kasdin: (UNINTELLIGIBLE) Commissioner Hardemon -- Mr. Adrien: Excuse me, Mr. Chair. Chair Russell: Just a moment. Let him finish, please. Mr. Kasdin: As Commissioner Hardemon would say, you know, if I couldn't be here one evening, it doesn't mean that someone else in my law firm couldn't be presenting. So all of their facts are before you; they've been filed with you. This matter could be properly disposed of this evening; you have every right. And I would want to say one other thing in addition. If you look at the law with regard to intervention status -- actually, one of the most relevant cases is the recent appellate court decision -- circuit court appellate decision involving the Coconut Grove Playhouse, in which intervener status was granted to people who were -- who lived near Coconut Grove Playhouse, had an interest in the Coconut Grove Playhouse, and the circuit court -- and the circuit -- the appellate court said, "No, they don't have sufficient" -- "differentiated and identifiable interest." That was this -- a 2018 City ofMiami Page 147 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 case in this City. So not only are the facts before you, but the facts don't come close to meeting the standard required for intervention. Chair Russell: Thank you. Mr. Adrien: Commissioner. Chair Russell: Please. Mr. Adrien: Thank you. So what I want to make abundantly clear, Commissioner, is that I am not here in Ms. Jagannath 's stead to argue for intervener status. My only role here right now is to communicate to the Chair and the Commissioner via to second, basically, an email that Ms. Jagannath sent to the City Attorney and to the Planning Director that what Mr. -- what Commissioner -- excuse me -- Hardemon mentioned earlier about bringing witnesses, and, you know, getting past that hearsay problem is what Ms. Jagannath would want to do at the next hearing, as it was in your recollection of the event, which is of -- on the February 28 Commission meeting, which is similar to ours, that there was going to be an opportunity to do that, and unfortunately, there was not an opportunity to do that before the meeting was over. So the only reason why I'm here today is to communicate that from Ms. Jagannath. Mr. Kasdin: Mr. Chair? Chair Russell: Thank you. Mr. Adrien: And -- Chair Russell: Just -- we'll let him finish. Mr. Adrien: Yes. And that is really it. Yeah, that's pretty much it. Chair Russell: Okay. Thank you. Mr. Kasdin: Mr. Chair, they filed this request. This is labeled a motion for intervener status. It is in your legislative package. You've had it in the City for over two weeks. All the facts that they purportedly rely on are contained inhere. And so, you do have to dispose of this motion, I believe, because they have an official motion pending before you. Chair Russell: All right. We've heard from both sides. We've heard from our City Attorney. There's a motion and a second on the floor, Commissioner. Is there any further discussion on the dais? Unidentified Speaker: May I say something? Chair Russell: Unless you are seeking status here -- Unidentified Speaker: No, no, no. Chair Russell: Okay. Then I don't think so. We're simply dealing with the issue of intervener status at this point. Is there any further discussion on the dais about this motion or this item? Commissioner Hardemon: What's the title of that motion that you have before you, that's included within our package? City of Miami Page 148 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Kasdin: Intervener status request for Magic City Innovation District's Special Area Plan, and companion comprehensive plan and amendment applications with statement of facts, legal standard, and legal argument, claiming that they have status individually and on behalf of FANM to intervene. That's in your record. Commissioner Hardemon: That's what I remember. So I think I made my motion. Chair Russell: Okay. His motion is to deny intervener status at this point. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Kasdin: Yes. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: The position is that it's a complete record, and that the Commission at this time can vote on that. That is what's being proposed. Chair Russell: Thank you. All in favor of the item, say "aye." Commissioner Hardemon: Aye. Commissioner Reyes: Aye. Chair Russell: Any opposed? I'll be marked as a "no. " Just following -- I'm just a "no. " Back to the next motion. Commissioner Hardemon: Right. So Madam City Attorney, can you read PZ. 1, 2, and 3 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ. 2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.3. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you, Madam City Attorney. Is there a motion, please? Commissioner Hardemon: So I'd like to say that I want to be very clear on this motion; you're probably not going to like it. I don't expect to hear any discussion back and forth regarding what I'm about to say. It is what it is. This is how we're going to move forward. So, as discussed earlier on the record, there are issues that I think that -- one thing I forgot to discuss, I became aware of a request by even the Concerned Leaders of Little Haiti. They probably -- I think they communicated a request to you all; I had an opportunity to review it summarily, and it was of my opinion that that is something that you all should meet with them about, because you all came to terms about things, but even this is an opportunity for you all -- like the timing will give you an opportunity to further discuss issues that they believe can make the deal a better deal, not necessarily cost you more money. I'm not sure, you know, exactly what all the details are, but that's for you all to discuss. And so, I want, between first and second reading, for you to have some serious dialogue about these sort of issues, including, but not limited to, Concerned having two town hall- typish meetings that can be hosted at Notre Dame d'Haiti by our dear Father City of Miami Page 149 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Reggie, or any of his designees that are -- that can start at 5 o'clock p.m., with a four-hour max. So each one of them have a four-hour max. You're not leaving past 9 o'clock p.m.; that you discuss, between first and second reading, creation of a true -- you can call it what you like -- Magic City Scholarship Fund, Bob Zangrillo Scholarship Fund. However you want to be able to help spend that. Serious discussions about that. Serious discussions -- I'm assuming you're going to meet with me at some point regarding -- or the City regarding the CPI and the $10.81 per square foot addition --per square foot for the contribution. The relationship with the post -secondary institution. I want a hard agreement on historical black college/university, and you can choose a subsequent -- you know, if that -- if it doesn't work out. I'm assuming that they're going to be excited about it, and it will, but that doesn't -- of course, that doesn't absolve you from choosing to also work with someone else. I just want the relationship to be meaningful, because I think that there are some wins that could happen there. Yeah, and I started it with the discussion with Concerned Leaders of Little Haiti. So what I'm going to do is, I'm going to move in accordance with what I just stated; that we approve the PZ.1, 2, and 3 on first reading, reserving the fact that we're still discussing this whole mitigation effects; how this sort of development can have negative effects, and how those negative effects are going to be mitigated, because it is quite different from what the surrounding neighborhood entails. And then, I would want to hear this back for second reading, at a like hearing, in 90 days. Mr. Kasdin: Mr. Chair, may I ask a -- Chair Russell: There is -- Mr. Kasdin: -- question of the maker of the motion for clarification? Chair Russell: Yes. Mr. Kasdin: That your motion and your direction includes --and what the Planning Director said is subsumed within your motion? Commissioner Hardemon: That is correct. The -- also, the -- I had a point when you -- the moment you said that, it came to my mind. I don't want to lose this point before we close this hearing. Oh, found it. So the request that Concerned Leaders of Little Haiti had -- what I would like to see from the Concerned Leaders of Little Haiti is for you to make a formal request, in writing, to the organization, Magic City; Magic City to come up with a formal reply, so that we all understand exactly what it was that was being requested. I'm not saying -- I'm just -- I just want to be able to see it, touch it, feel it, and know what happened, and everyone else to understand what happened, as well, but that's the entirety of my motion. Chair Russell: There's a motion on the floor. Is there a second? Vice Chair Gort: Second. Chair Russell: It's been seconded by Commissioner Gort. Commissioner, I'll certainly support your motion on first reading. And if those discussions and town halls also encompass discussions of workforce and true affordability onsite, I would also be very supportive of hearing the results of those conversations, as well. Is there any further discussion on the dais? Commissioner Reyes: Yeah. The only thing that I want to say is that I really hope that we have a serious conversation about the conditions that were placed by Commissioner Hardemon, so we can accelerate. My position is that we have to City of Miami Page 150 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 accelerate the payment. You see? (UNINTELLIGIBLE) be it with an increase in the payment for square -- per square foot or placing a time limit on it. Okay. Chair Russell: Thank you. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Kasdin: Thank you. Ms. Mendez: Chairman? Mr. Hannon: Sorry. Just quickly. Ms. Mendez: Chairman? Chair Russell: Madam City -- Mr. Hannon: Chair, just -- so 90 days; that'll be June 27. June 27, Commissioner Hardemon, second reading? Chair Russell: Yes. City ofMiami Page 151 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 PZ.2 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 (773,326 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 2,630 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; FURTHER BY CHANGING THE ZONING CLASSIFICATION OF A PORTION OF THE ABOVE - REFERENCED PROPERTIES FROM "D1," WORK PLACE ZONE, AND 75-0," URBAN CORE TRANSECT ZONE - OPEN, TO "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, AND "MCID-2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, PURSUANT TO THE REGULATING PLAN AND CONCEPT BOOK ATTACHED HEREIN, PROVIDED THAT THE "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE 76-12- 0," URBAN CORE TRANSECT ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY THE SAP AND THAT THE "MCID- 2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE 76-24- 0," URBAN CORE TRANSECT ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY THE SAP; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 152 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.2, please see "Public Comment Period for Regular Item(s), " "Public Comment Period for Planning and Zoning Item(s), " and Item PZ. I. City of Miami Page 153 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 PZ.3 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. City ofMiami Page 154 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.3, please see "Public Comment Period for Regular Item(s)," "Public Comment Period for Planning and Zoning Item(s), " and Item PZ. I. PZA ORDINANCE First Reading 5118 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE and Mayor- PZ 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. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: Moving into the Planning & Zoning agenda, I would like to take a few of the items that we can do quickly, and then we'll get to the SAPs (Special Area Plans); we have two of them, and they are -- they're significant. So I -- Commissioner Hardemon: All right. Mr. -- but Mr. Chairman, is it -- Chair Russell: What would you like to take first? Commissioner Hardemon: -- may I take PZ.4? Commissioner Hardemon: That's what I was directly -- that's directly what I was going to; PZ.4, please. Commissioner Hardemon: Madam. Victoria Mendez (City Attorney): PZ. 4 The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Is there a motion? Commissioner Hardemon: Mr. Chairman? City of Miami Page 155 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Yes, sir. Commissioner Hardemon: This was one of the Planning & Zoning items that were continued from the last like meeting that we had that ended abruptly. This zoning text update is important for single-family homes that are within the City of Miami, because what it essentially does, it says that T3 zones cannot be used -- homes cannot be accumulated in T3 zones to be used in SAPS. And so, what that does is it protects the single-family homes within our neighborhoods so that individual homeowners are not bought out of their properties in order for large developments to come and try to put major high-rises, et cetera, within our communities. So this is especially important amongst areas where they are -- when I think about like 36th Street, you know, where -- that's near major highways, 7th Avenue, things of that nature, where you have a lot of single-family homeownerships; even Biscayne Boulevard if you really think about it. So these areas where you have T3 zones, that's like the backbone of what initiated the City of Miami homeownership, and what we've continued to fight for every single day. So this is a measure to protect those homes from SAPS that are -- that could potentially come in the future, and maintain a single-family area. So with that being said, I would move to approve PZ.4. Chair Russell: There's been a motion. Vice Chair Gort: Second. Chair Russell: And second by Commissioner Gort. I'd be proud to co-sponsor that item with you, and thank you for bringing that. Commissioner Reyes: Also (UNINTELLIGIBLE) -- Todd B. Hannon (City Clerk): Chair, and -- Commissioner Reyes: -- excuse me. I just want to clarify this, because I agree with you; we have to protect them, but that means that we were trying to avoid that there is -- people start buying single-family homes, and once they have a big lot -- Commissioner Hardemon: Right. Commissioner Reyes: -- then they say -- now they will come here and ask for a vari -- I mean change of zoning, and they will have a massive development there that is going to affect the rest of the single-family homes. Commissioner Hardemon: Correct. Commissioner Reyes: I would like to co-sponsor with this. Chair Russell: Todd? Mr. Hannon: And thank you, Chair. Mayor Suarez would also like to co-sponsor Item PZ. 4. Chair Russell: Thank you. We have unanimous co-sponsorship of your item, Commissioner Hardemon. Commissioner Reyes: That's right. Chair Russell: Thank you for bringing that. City of Miami Page 156 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Thankyou, Commissioner. Chair Russell: Is there any further --? There's a motion, and second was Commissioner Gort, I believe; was that correct? Mr. Hannon: Commissioner Hardemon moved it; seconded by Commissioner Gort. Chair Russell: That's what I thought. Thank you very much. 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's PZ 4, done. PZ.5 ORDINANCE First Reading 5579 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Commissioners AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI and Mayor- PZ 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," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ. 5, please see "PZ Order of the Day. " Chair Russell: And now we're at the completion of the item at 1Op. m., so I believe this is the point where we decide where we continue, am I correct? Victoria Mendez (City Attorney): Yes. Chair Russell: All in favor of continuing with our final item? Thank you very much. City of Miami Page 157 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Vice Chair Gort: Wait a minute; I didn't say anything. Unidentified Speaker: Thank God. Chair Russell: Uh-oh; yawning. Unidentified Speaker: Thank God. Commissioner Hardemon: I move to withdraw PZ. 5, 6, and 7. Chair Russell: There's been a motion, seconded by the Chair. All in favor of withdrawing Items 5, 6, and 7 of the PZ (Planning and Zoning) agenda, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City ofMiami Page 158 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 PZ.6 ORDINANCE First Reading 5580 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENTS, PURSUANT TO ARTICLES 3 AND 7 OF and Mayor- PZ 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 (773,326 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 2,630 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; FURTHER BY CHANGING THE ZONING CLASSIFICATION OF A PORTION OF THE ABOVE - REFERENCED PROPERTIES FROM "D1," WORK PLACE ZONE, AND 75-0," URBAN CORE TRANSECT ZONE - OPEN, TO "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, AND "MCID-2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, PURSUANT TO THE REGULATING PLAN AND CONCEPT BOOK ATTACHED HEREIN, PROVIDED THAT THE "MCID-1," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE 76-12- 0," URBAN CORE TRANSECT ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY THE SAP AND THAT THE "MCID- 2," MAGIC CITY INNOVATION DISTRICT URBAN CORE TRANSECT, SHALL HAVE EQUIVALENT STANDARDS AND CRITERIA AND BE REGULATED THE SAME AS THE 76-24- 0," URBAN CORE TRANSECT ZONE - OPEN, EXCEPT AS OTHERWISE MODIFIED BY THE SAP; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Citv ofMiami Page 159 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ. 6, please see "PZ Order of the Day," and Item PZ. 5. City of Miami Page 160 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 PZ.7 ORDINANCE First Reading 5581 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING A DEVELOPMENT and Mayor- PZ 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 161 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ. 7, please see "PZ Order of the Day," and Item PZ. 5. PZ.8 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, AYES: FLORIDA, AS AMENDED, BY CHANGING THE ZONING ABSENT: 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. ENACTMENT NUMBER: 13828 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ. 8, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: Let's, if we can, please -- Commissioner Gort? Vice Chair Gort: Yes. Chair Russell: Are you ready for the Blue Lagoon issue? This is PZ8 please. Is there a motion on it? Vice Chair Gort: No, not yet. Chair Russell: How would you like to handle it? Vice Chair Gort: Well, my understanding is, the last time we were here, we decided that the Planning Department was going to have a meeting with both property owners on both sides of the project. The one thing that I'd like for the Planning Department to explain once again that, by right, this land can develop the same amount of apartments. City of Miami Page 162 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Commissioner Gort, we have to hold for quorum. I apologize. Vice Chair Gort: Well, I -- we're not making any motion right now. We -- discussion item. Chair Russell: Todd was a little uneasy. Just want to make sure -- it's a PZ (Planning & Zoning) item; let's make we've got all our ducks in a row before we jump in the pond. All right, Commissioner Hardemon's back. Go ahead. Vice Chair Gort: This motion was for them to get together, sit down, and come up some agreements. My understanding is -- I want once again, so people can understand -- because people were here today, and I'm sure people are watching -- what they can do by right. I mean, why are they asking for that? The only problem that I see in here -- and they can work out the easement. They're entitled to the easement, and people don't want to recognize that, but my understanding, my Law Department tells me they're entitled to the easement. They got to work out -- going to make it a lot easier with the easement. The biggest problem we have from the neighbors is the land -- the lake behind this property; that in the future, that could be developed in 600 apartments, which could create even in bigger problems than the 16 project. Francisco Garcia (Director, Planning): So, by way of introduction, I'll say a few things. What is before you today does not pertain to the submerged land in Blue Lagoon. That land is obviously, as it stands right now, not eligible for development. And prior to becoming eligible for development, it would have to be treated significantly, enhanced, raised, et cetera, and only then could that land come to this Commission for a zoning change, and only after that zoning change would that land be subject to be developed. That's one thing I wanted to make clear. So it is not available now. It's certainly not a part of this application, and it would have to go through an extensive public hearing process prior to ever becoming eligible for development at all. And at that point in time, we could determine what the appropriate zoning would be, how that would be done, et cetera; not before us today. It is also the case that before you today is not only a zoning change, but above and beyond the zoning change, there is covenant proffered by the applicant that commits to developing the land in question, pursuant to and substantively in compliance with a proposed site plan. Said site plan proffers a set of improvements that would make it -- I'm not going to say impossible; nothing is impossible -- but very, very difficult, exceedingly difficult to contemplate development beyond the land in question; meaning, the submerged land would essentially be obstructed significantly, and significant building demolitions and other work would have to be done to access that land. So it is a practical impossibility at present, but again, is it a possibility? It could be. I don't want to say otherwise. What's before you today, Commissioners, is a request to change the zoning designation for this land from T6 -8-L, which it is today, to T6 -12-L. The difference between those two zoning designations does not affect the density. So the same number of units could be built today as could be built after the zoning change without a covenant. And although the development capacity could increase, it is being proffered by the applicant that there will be no development capacity increase requested, and the covenant limits the development of this land to the presently available development capacity. The covenant says so clearly. It's in black and white; written in the language that you would consider today. So, in my opinion, that might dispense ideally with concerns about additional development capacity vis -d -vis the zoning designation today. What it does do, though, the zoning change, is it allows the applicant to go higher in terms of the height of the building, but not higher than the dominant height present in the properties around it; higher than what they could get through T6 -8-L, which is less than they would have been able to get under the previous zoning designation in Zoning Ordinance 11000, which we think is a tradeoff worth considering, because City of Miami Page 163 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 what that does is it allows some additional height, it allows for the buildings themselves to become somewhat more compact, and more efficient, and it allows for more improvements at the ground level; and certainly, the plan that they've submitted and that they are going to hold themselves essentially in compliance to does provide a significant number of enhancements, inside improvements, that are certainly worth considering. So I will then very quickly address the last Commission directive, which was about meeting with both the applicants and some of the abutting neighbors and their representatives, to try to deal with some of the pending items that they had brought before you. And I think it's fair to say -- I'll let them speak for themselves, but what I would represent to you is that the items of contention have all been addressed but one. So there's been agreement on signage proposals, on, you know, how they would be designed; and certainly, the property owners to the west would have an ability to participate in that, and ultimately, that would have to go through compliance. Certainly, there is agreement as well that the easement that's presently available will serve as the main means of ingress and egress for both the subject property and the property to the west. What's left, though, and what cannot be resolved today, is what this specific configuration of that easement would or should be, because as we met with our colleagues in the Public Works Department and the Capital Improvements Office, we were advised that, ultimately, the specific design of that easement, how many lanes, where there are turning lanes, et cetera, has to respond specifically to how the buildings are positioned on the site. And although we have a rough idea of where they will end up, they really need a significant amount of technical data to be able to determine exactly how it is configured. There is agreement that the easement has to be enhanced. There are particular specifications in the covenant submitted that there will be sidewalks and pedestrian access provided, which is rather difficult, if not dangerous today. So that's in the covenant, as well. And so, I think that to the extent that a covenant can be put in place to address many of these issues, that work has been done. As pertains to the final design of the easement, two final notes: One, there is a commitment on the part of the City to give due consideration, when the building permits come in, to how to optimize that design to provide easy access and convenient access and safe access; not only to the subject property, but certainly to all relying on that easement, and that would include also the property owners to the west. And last, but not least, I believe -- and I will allow -- or encourage the applicant to make reference to this -- there is an active interest in pursuing a linkage of the subject site to the access easement to the east to connect directly to 47th Avenue. I believe that's work in progress, and the applicant will explain to you what steps remain to be taken, but there is room for hope there as well, and I know that they're doing their very best to accomplish that. Beyond that, I'll have any questions that you'd like answered. Vice Chair Gort: My understanding is, the covenant in place covers what you just made the statement. At the same time, the height of the building is comparable to the existing buildings in there -- Mr. Garcia: That is correct, sir. Vice Chair Gort: -- and that they can build that. The same amount of apartments and same amount of units that are coming in here and asking for change in the building itself with a change of zoning -- Mr. Garcia: Absolutely right. Vice Chair Gort: --without giving out any recognition or public benefits, and soon. Mr. Garcia: That is correct, sir. City ofMiami Page 164 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Vice Chair Gort: But I want to make sure people understand that, because I've been going through this for a while. Mainly, what we have been able to do is to get the applicant to improve some of the things that have been taking place in there before. Okay, thank you. Yes, sir. Miguel Diaz De La Portilla: Mr. Chairman, and to that end, I think -- through the Chair, Commissioner, Miguel Diaz de la Portilla, from Saul Ewing Arnstein & Lehr, here on behalf of Mrs. Weiss and 7 at Blue Lagoon (1), LLC (Limited Liability Corporation), 7 at Blue Lagoon (2), LLC, the applicants. And again, this really boils down to a request to have three additional stories, to have a better site plan and a better design. With the site plan that is --with the design that we have in place and with the taller buildings, we're able to have a 55 percent lot coverage, which leaves a lot of green space, a lot of open space, great view corridors to the Blue Lagoon. If we were to go by right, we'd still, as you said and as your Planning Director confirmed, get the same number of units, the same FLR (floor/lot ratio), but we'd have to have shorter, wider buildings, and you're looking at a lot coverage of about 80 percent, perhaps even a little bit more than 80 percent. So, in essence, what this boils down to is no density increase, no FLR increase; just three stories to have a better site plan; one that works better, one that provides better view corridors, more green space, more open space. We also have a very generous public benefits program, which we talked about, you know, the other four times that we've been here, but it's included in the covenant. And in addition to that, I think we've done everything that can humanly be done to accommodate and try to meet the one homeowners association that is objecting out of five in the area and address their concerns. So as a result of the meeting that you asked us to have with the Blue Lagoon Condominium Association, and Mr. Garcia and others from the staff, we made sure that we made it explicit in the Declaration of Restrictions that is before you today, which I will hand to the Clerk, because that is amended declaration that includes the language that addresses the issues that had come up in that meeting we had with Mr. Garcia, and those include not -- in addition to the commitment to build in substantial compliance to the plan that we are tying this covenant to, an FLR limitation that ties it exactly to the T6 -8-L maximum FLR; meaning, the FLR, floor/lot ratio, will not exceed what is currently available today. We talked about the height restriction that was always there. I'm just going to highlight the new things, obviously. The covenant always has had job creation and employment opportunities; prioritizing people in the district, in that zip code, and then the adjacent zip codes as well; an affordable housing, workforce housing component; financial support for Antonio Maceo Park, including approximately $230,000 for Antonio Maceo Park; $60,000 for general improvements, including landscaping, lighting at Antonio Maceo Parkin the adjacent public right-of-way to the park. The -- we mentioned the creation of additional improvements and an additional exit lane to allow for right -turn movements. We talked about the creation of an additional entry lane on the east/west portion. We -- also, the Blue Lagoon folks were concerned about existing palm trees there. We agreed in the covenant to get those royal palm trees and incorporate them into the plan. We've included them in selection of the replaced or new signage that includes the Blue Lagoon Condominium sign, as well as the signage for the project. Of course, you know, there's a generous art in public places component, and your Art in Public Places Board has issued a resolution in support of these projects, 7 at Blue Lagoon, that is before you. In sum, I think we've bent over backyards to try to do everything that is humanly possible to accommodate the one objecting group. As Mr. Garcia pointed out, we have been in very good and productive conversations with the people to the east -- that's the Sunset Villas, Phase III -- and we are in -- working out a process where we would get access to revitalize an existing easement that we have to 47. That is a work in progress, because that will take the approval of the homeowners -- or unit owners in the condo to our east. Of course, that's not specifically part of this application, because it doesn't fall within the four corners of the property that is City ofMiami Page 165 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 before you, but I will tell you, and I could submit to you -- and your Planning Director and your staff is aware -- we are in very, very productive talks, because it makes sense. It makes sense for them. It makes sense for us. It makes sense for the community. And I would like to say that Mrs. Weiss, who's 82 years old, has been here at all the meetings that we've had on this and discussed this. She wants this to be a legacy project for her and her family. She spent her entire adult life in this community; has been a pillar of this community in terms of civic and charitable participation, and she wants to build a project that is better. So she's gone through all this and hundreds of thousands of dollars in expense to, quite frankly, build a better project; not increasing density, not increasing FIR, generous public benefits program. And we've done, I think, all we could to address the issues raised by the objectors. Vice Chair Gort: Okay. Thank you. Patrick Alayon: May it please the Commission. Patrick Alayon and Richard Alayon, on behalf of the Blue Lagoon Condominium Association, 5077 Northwest 7th Street. And I would like to say that, speaking on the meeting on March 8, yes, we've reached certain understandings on points of non -contention, but to say that everything's been done to reasonably accommodate us is, quite frankly, missing the mark, and that the most important part of our request was not acted upon and not put on the covenant. In fact, if you look at the covenant -- I forget the exact number - - but it actually specifically states the amount of lanes going in and out of the project. And right now, the covenant states that it's on the north/south part of the easement, two lanes out, one lane in; and on the eastAvest, two lanes in, one lane out. That was not -- that was a point of contention that was not addressed. So to say that everything was addressed is (UNINTELLIGIBLE). Vice Chair Gort: You're talking about the one on the east? Mr. P. Alayon: I'm talking about the one on the -- Vice Chair Gort: 47th Avenue. Mr. P. Alayon: I'm talking -- I haven't even gotten to the 47th Avenue one yet, Commissioner. Vice Chair Gort: Okay. Mr. P. Alayon: I'm talking about the existing road that's on the easement. Vice Chair Gort: Right. Mr. P. Alayon: When I say "the easement" in this context, I mean the existing easement that my client uses to access the property. Vice Chair Gort: Got you. Mr. P. Alayon: In the covenant itself, it actually states that -- it states the exact number of lanes that will be going in and out on the north/south portion of that and then the east/west portion of that. As you may recall, Commissioner, the easement itself is an "L," starting on the south, going north and then going west. So it specifically states those number of lanes, and it -- the -- my community requested additional lanes, and as you can see in the revised covenant, they are not there. Vice Chair Gort: Right. City of Miami Page 166 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. P. Alayon: Why is this important? Because my community requires to use this easement to get in and out of the complex, but we've discussed this ad nauseam, so I don't want to bore the Commission with additional details -- Vice Chair Gort: Right. Mr. P. Alayon: -- after it's been discussed. What I would like to do is to discuss the outstanding issues, as I see them, with this particular application. The first outstanding issue, and I think the one that you -- Commissioner, you hit on right away, was the underwater parcel. Now, I understand that the applicant takes a position that this underwater parcel is not included in the current application. I understand the Planning Director has said that this particular parcel is not yet zoned. However, common sense dictates that when and if this parcel is to be zoned, it will most likely match the only parcels that actually afford access to a public road, and makes sense to develop with it. That parcel will be this very parcel --the three parcels that are the subject of this zoning application. And I think you hit it on the head, Commissioner, in the last -- in the first reading, when you stated that one of the big issues here is the filling of the lake. At this point, what we've heard is that the filling of the lake is not going to happen. The applicant tells us, "No, we're not going to fill the lake. " But what we haven't seen is anything in writing as to the effect of not filling the lake, because if they truly are not going to fill the lake, it would not hurt -- like they did with the FLR, like they did with the additional palm trees, like they did with all the other items that we reached a point of non -contention with at the meeting -- to put it in writing, but as you can see, it's not in writing. So as the homeowners, we are worried about that particular item. Why does it matter? Because that additional about four acres would result in 600 units. In fact, it could be 1,200 hotel units, because each hotel unit counts as half a unit in that underwater parcel development. Now, why does that matter? Because now traffic becomes even more of a nightmare. In this particular instance, we already have certain traffic issues that exist on the easement. And I know that I provided one photo to the Commission before, but if Commissioner would indulge me, may I provide additional photos that were recently taken that illustrate a very interesting problem, which is access of long trucks into the very easement that will not be widened from Northwest 7th Street into the project. May I, Commissioner? Vice Chair Gort: Sure. Mr. P. Alayon: Thank you. Mr. De La Portilla: I'd like to reserve some time for rebuttal -- Vice Chair Gort: Sure. Mr. De La Portilla: -- as well, and address some of the issues. Mr. P. Alayon: So what I'm about to hand the Commission now is a still photo from a video that was taken March 18, 2019, at 6:30 a.m. The Commission will note that one is afar away image, one is a closer image. And you will see in the center of this photo, slightly to the left, a -- what I believe appears to be a tow truck, attempting to make a right turn, going west on Northwest 7th Street, north into the Blue Lagoon easement. And you will see that this particular truck is not able to make it into that one lane. In fact, it has to cross over into yellow off -mark pavement that would actually become a divider, per the plan that was submitted as part of this application. So if I may, I'm going to approach. Vice Chair Gort: Sure. Where was the tow truck picking up? City of Miami Page 167 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. P. Alayon: I'm not sure what the tow truck was picking up, but I'm assuming it's a car. Vice Chair Gort: No, I understand, but on which property? Mr. P. Alayon: It would be going to the only property that currently has access to that easement, which is my client's property, 5077 -- Vice Chair Gort: Okay. Mr. P. Alayon: -- Northwest 7th Street. Vice Chair Gort: Thank you. Okay. Mr. P. Alayon: (UNINTELLIGIBLE) as a matter of revision -- or not revision, but going over again what I had stated before, in the far picture, you can see that tow truck making that turn in. In the close picture, you can see just how far it has to go across the yellow lines to actually make that right turn. So -- Yes, Commissioner. Commissioner Reyes: Sir, is this 7th Street? Mr. P. Alayon: This is 7th Street. The picture is taken from a car that sits on the easement, and the car that -- the tow truck is making the turn, going west on 7th Street, turning into the easement. Commissioner Reyes: This doesn't look like 7th Street. Mr. P. Alayon: It is. Commissioner Reyes: And that's a huge tow truck there. Mr. P. Alayon: If you look at -- Commissioner Reyes: Must have look -- must have been getting one of those -- I don't know what kind of car he was towing. It's a huge one. Mr. P. Alayon: So -- yes. And Commissioner, if you look at the close-up photo, you can actually see the Northwest 7th Street sign. Commissioner Reyes: Yes, but it says, 7th Street -- Mr. P. Alayon: Left and right. Commissioner Reyes: Left and right. So this is from the -- I mean, when you're exiting -- Mr. P. Alayon: Correct. Commissioner Reyes: -- the complex -- I mean, the apartment complex -- Mr. P. Alayon: Correct. Commissioner Reyes: -- that's on the exit? Mr. P. Alayon: Correct. Commissioner Reyes: Okay. That you -- okay. That's on the exit. Okay. City ofMiami Page 168 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. P. Alayon: And so, as you can see, this is a big turn for us. In fact, this was a primary reason why we said we need to consider adding a second lane coming in. Mr. De La Portilla: May I address that one point? Mr. P. Alayon: No. I'm -- Mr. De La Portilla: Because this is ridiculous. Vice Chair Gort: I'll give you a chance afterwards. Let him finish his presentation. Mr. De La Portilla: Okay. Mr. P. Alayon: Thank you, Commissioner. This is an important part of why we need to address the issue of a second lane coming in, because imagine if that medium- sized tow truck is afire truck; imagine if there are, you know, trolleys, for example, that have been said are going to be coming into the complex. We need to make sure that they have access; otherwise, we're going to have an even bigger traffic nightmare. And in one second, I'm going to turn it over to my father, but I would just like to address the issue of the 47th Street Avenue easement. I have one additional picture I would like to present to the Commission, which I would represent to the Commission it was taken of the current intersection of where we believe the easement actually goes through the Sunset Villas III property on the east and intersects the applicant's property. And if -- with your permission, I'd like to pass it around now. Vice Chair Gort: Sure. Mr. P. Alayon: Commissioners, what you're looking at is a picture taken today of the southwestern -most portion of the Sunset Villas property, which is about where a gravel road is currently situated on the applicant's property and intersects the current parking lot there. You'll actually seethe gravel road on the left side of that picture. And in the middle of that is currently a -- what appears to be a 10 -foot -tall fence. So I would ask that, in this particular instance, I would like to know, is there or isn't there access to the applicant's property from 47th Avenue through this easement? Because if there isn't, this impacts again traffic, and it also impacts and takes us back to the underwater parcel, because without this access, if that underwater parcel ever sees the development, that the applicant has not put in writing that they're not going to do, traffic will not -- will cease to be a nightmare and become absolute gridlock. So with that, I'd like to turn the podium over to my father to say a few things. Richard Alayon: Good evening, Commissioners. Thank you for the opportunity to present our case. I'd like to thank my opponent for his very professional handling of his presentation. As you can see, Commissioner Gort, you have incisively identified the issues that are present in this application. You have caused us to meet to narrow the issues. The Planning Director has met with us. The last meeting didn't go forward; it was -- on travel. I think it should have gone forward, and it should have given us the opportunity to try to work this out before coming to you, but unfortunately, we're here without that meeting. Having said that, let's -- I'd like to really take your guidance, shape it so that we can all really capture the essence that you're trying to put out there, which is what they can build as of right. Well, Commissioner, if they had submitted plans without seeking this zoning change, we would have objected. It would have never appeared before you. It would have been with the City. And the proper form for deciding whether the easement in question can be used by our opponents gets decided by a court of law, where it belongs. So I submit to you that you're right; that issue doesn't belong to the Commission. The City of Miami Page 169 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commission is not under the Florida Constitution and separation of powers; the right body to make a decision, whether a court order is being violated. What it is, is the right body to make a decision whether a zoning change should occur. I submit to you, as my son has so ably demonstrated, there are some very serious factual issues that are commonsensical, that make this application a real nightmare, and a real problem. And I think, Commissioner, again, another incisive comment you made about the lake, if I remember correctly, one of the things that you said at a prior meeting was that the applicant had made a commitment, verbal commitment, not to fill the lake. Well, now, we said, "Put it in writing." We don't see it in writing. We think that this is going to be a monumental disaster. It's going to impact the communities, it'll present public safety risks, and I believe we've amply demonstrated it. And I'd like to thank you for your time. Vice Chair Gort: Thank you, sir. Mr. De La Portilla: Commissioner. Vice Chair Gort: Wait. Let me ask a question of the Planning Department. We've been dealing with this for the -- now for the last six month, about the easement. My understanding, they stated the easement is their own property, and that it cannot used by the applicant. Unidentified Speaker: That's not true. Mr. Garcia: If I have heard the facts correctly, Commissioner -- and I would ask anyone to correct me if they feel I'm wrong -- the easement is the access to both the subject property and to the property to the west. I, frankly, haven't seen any evidence to the contrary. And in the conversations that I've had with the parties involved, the conversation has been about how to enhance and improve the easement to provide proper access to both properties. I will say only one more thing, and I'll say it emphatically, because this is the important thing: The covenant says -- and this was alluded to, and I didn't make reference to it specifically. The covenant does make reference to a particular set of lanes. I will share with you, that is a minimum that the City reserves; as it has to and as it must, it reserves the right to, upon review of the development applications, to require enhancements if it is felt at that time, based on technical competent evidence, it -- an enhancement is required. So please take that as a minimum, not a maximum. And the commitment, to the extent that the easement is failing to provide appropriate access to vehicles -- case in point, the tow truck in question -- any development activity will inevitably result in an enhancement of that easement, and that enhancement will both be to the benefit of the neighbors to the west and to the neighbors of the subject property once it's built. Vice Chair Gort: Yes, sir. Mr. De La Portilla: And so, Commissioner, to address the points, one by one. And we brought our traffic engineer, Mark Kline, here to specifically address the issue of the easement. But what we have is this: There is a 40 -foot -wide easement. What is developed with pavement right now for access is 30 feet, so you have one lane in and one lane out. That is the current condition that exists today. The Blue Lagoon Condominium Association and this easement, which, by the way, is an easement over our property. It's property that Mrs. Weiss owns. An easement just gives them a right to go over our property to get to theirs. Okay? But they've chosen in 10 feet of this 40 foot easement to put palm trees and walls, and things like that that are not used for ingress and egress. As Mr. Garcia pointed out, what we are proposing in the Declaration of Restrictions is to enhance that easement, and to add an additional egress lane so that you have a right turn lane onto 7th Street and left lane turn onto 7th Street. Right now, they only have one lane. So any vehicle turning right that is City ofMiami Page 170 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 behind a vehicle turning left has to wait. As a result, what they have now is they have longer queues, because you only have one way out, whether you're making a left or a right. So we're seeking and proposing to enhance that easement by adding one extra exit lane. In addition, when the easement -- because it's an "L"; goes east to west -- we're adding one additional ingress lane, one additional lane coming in. Now, we've done a traffic study on this. We've submitted that traffic study to this Commission. And what the traffic study shows, that with the improvements and with the development of the 7 at Blue Lagoon Project, you basically have shorter queues and similar delays, but it works more efficiently, because you have shorter lines exiting and shorter lines entering the property. As your Planning Director said very, very ably and pointed out, the commitment that we have here for the lane improvements under traffic improvements, which is Paragraph 3 -- 4(d) of the Declaration of Restrictions, sets a minimum. That doesn't mean that that is the end all/be all, because after you get your zoning, your Planning Director will tell you, an applicant would have to go through an additional process. An applicant would have to go, if there's other entitlements that need to be obtained, through an entitlement process with the staff, a permitting process. They will evaluate it. What you have now is an underdeveloped driveway that they have not maximized. They've left 10 feet for plants and other things, and not for ingress and egress. And, of course, a truck can't go in there now -- that's what that picture shows -- because it is too narrow the way it is now. What we're proposing would allow that tow truck to go in. What they have does not allow that tow truck to go in. And we can have, you know, the technical expert, who is our traffic engineer from Keith and Schnars, talk about that. As far as the easement and the ownership of the easement, the reason why, the application that is before you can only include property that we own, that is subject of the application. We can't apply for somebody else's property. Right? And so, the property that they're using as an easement is the Weiss's property. They just have an easement that allows them to access their property through ours. It doesn't make it exclusive, and it doesn't mean that they get to bar us from using our own property to access our property. That's just not even common sense. But again, the improvements that are in here set a minimum, as your Planning Director said. The application that is before you is just for the uplands. Everything that we have here is based on the uplands. We don't have an application for anything. We don't have an application for the adjacent property to the north of us, which is submerged, which isn't even developable land now, and it isn't even part of the application that is in front of this Commission today. And as your Planning Director said, the feasibility and possibility of that ever being developed is minimal; and in any event, people would have to go through a whole process at the County level, at the State level, at the Army Corps of Engineers level, and at this level for that to happen sometime in the future. As I've said, Mrs. Weiss's application is exactly what you see, and it's what we've always said it's been; no increase in density, no increases in intensity. Improvements to the existing access to the property; not just for us, but for them as well, and quite frankly, an improved condition in general, because the reality is -- and your director said this. And you don't have to take my word for it; your own professional staff has said this. We have, as a matter of right, the ability to build the same number of units and the same FLR, but it would be with about an 80 percent lot coverage versus a 55 percent lot coverage. It would be a lesser site plan. It would not be the same thing that we are proposing today, which is a much, much better project. By the way, we have submitted a plan that meets Miami 21 standards that has been reviewed by your Public Works Department, by your Transportation Department, by your Planning Department, by your Zoning Department, so it meets those standards, but it doesn't mean it's the end all/be all. It needs to then later on go through permitting, and they're going to review it again. The easement, as it is now, is inadequate. We plan to enhance it, and this is a very simple application for three stories. Thank you. City of Miami Page 171 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 Vice Chair Gort: Thank you. We'll now close the public hearing. Let me -- Planning Department, my understanding is, if this is approved, they would have to go through the process of pulling the plans, you get a lot of input. At the same time, if any construction will be taking place in there, you'll be able to determine the entrance and -- the ingress and egress of the trucks that are going to be going in. At the same time, my understanding is, we can set time of operations, what time they can operate, so it would not bother none of the residents in that area. And the main reason I'd like to bring -- and I'm bringing this up -- this is about the fourth meeting -- because I wanted people to understand that, by right, they can build that, the same amount of apartments, the same amount of units without doing any of the promises they have made in the covenant. For that reason, I'll make the motion to approve. Commissioner Reyes: I second it. I will second. Vice Chair Gort: Is there a second? Commissioner Reyes: But I have -- Vice Chair Gort: I'm sorry; I can't make the motion. Commissioner Reyes: Huh? Vice Chair Gort: I can't make a motion. Commissioner Reyes: Okay. Yes. He's here. Vice Chair Gort: Move to approve. Commissioner Reyes: I have -- I'll second it, but I have a question, and I know that you're doing it. The only reason that I second it, because you're going to get it anyways; you can do it. My question is, without enhancing the road, the egress and ingress, can they still build it without doing any improvement? Mr. Garcia: No, sir. The quick answer is -- Vice Chair Gort: By rights. Commissioner Reyes: By right. Mr. Garcia: --you're correct. Commissioner Reyes: By right. Mr. Garcia: Can -- no. Any building -- any development activity that will take place on the subject site, no matter what that building activity is, will have to go through a technical review through the permitting process, and that technical review will require that easement to be enhanced. Presently -- Commissioner Reyes: Okay. Mr. Garcia: -- it isn't adequate. Commissioner Reyes: But by right, if they didn't -- if they increase the -- I mean, they improve the easement, they can do it by right? Mr. Garcia: To improve it by right, yes. City ofMiami Page 172 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Okay. Now, couple of times that you've been here, I had asked you the same question -- Unidentified Speaker: Yes, sir. Commissioner Reyes: -- which is the -- I think it's -- it's not a road. They call it 8th Street, but it's not 8th Street, which is be -- on the -- that goes into 47th Avenue. What happened? Did you --? I mean, there were some apartments there that runs from east to west. Mr. De La Portilla: Are you talking about 47th Avenue, where the Sunset Villas is? Commissioner Reyes: That's right. That's right. Mr. De La Portilla: Okay. Commissioner Reyes: 47th Avenue, they call it 8th Street. I mean, when you look at in the map, said 8th Street, but -- Mr. De La Portilla: Right. Commissioner Reyes: -- there is a bunch of apartment buildings there. Mr. De La Portilla: So we -- so Mrs. Weiss has an easement running through the Sunset III Villas, where there is a surface parking area that they've parked vehicles on. The conversations that we've had with the Sunset III Villas Condominium Association with their attorney, who you may note -- I will note was here at the very first meeting we had, and you haven't seen him here objecting to our application, because we've had a very productive and a very positive relationship with him and with that association. The plan that we are discussing and that we are working on together, Mr. Garcia and I and his association, would entail activating that easement where their vehicles park now, and to provide access to 47th. That is a process that we have to -- Commissioner Reyes: You mean to tell me that now you have authority -- I mean, you could have authority over that easement? Mr. De La Portilla: We have an easement, which is a -- Commissioner Reyes: And that easement belongs to the lady? Mr. De La Portilla: Yes. It's a legal right to our benefit. Commissioner Reyes: She has a legal right to it? Mr. De La Portilla: Yes. Commissioner Reyes: And then she can use it; exercise that right any time -- Mr. De La Portilla: Yes. Commissioner Reyes: --that she wants? Mr. De La Portilla: Yes, yes. That is correct. But because the easement has not been used -- it's there, it exists; in law, it exists as right -- and if it hasn't been used, that's why we are engaging in conversations with Sunset III Villas, to be able to City of Miami Page 173 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 activate it for their benefit and our benefit so that it makes sense for both of us, and that's why we've had a very, very productive relationship with them. Commissioner Reyes: "Productive" means that you are --in the near future, you're going to be able to ingress and egress from there? Mr. De La Portilla: That is the plan. Of course, it's subject to the approval of the owners of those units at the Sunset 111 Villas, which is why I can't tell you right now, because they -- Commissioner Reyes: But you just told me that she has -- Mr. De La Portilla: Oh, she has an easement. Commissioner Reyes: -- a right. Mr. De La Portilla: Yes, yes. Commissioner Reyes: These easements belong to her. Mr. De La Portilla: Oh, no. Yes, absolutely. Commissioner Reyes: And then why do they (UNINTELLIGIBLE) -- Mr. De La Portilla: Absolutely. What I'm saying -- Commissioner Reyes: -- (UNINTELLIGIBLE)? Mr. De La Portilla: -- is that we are in discussions with the other neighboring association to create a win-win scenario for them so that we can mutually agree to develop that easement. Commissioner Reyes: Do you think that as from now that -- this is first reading, right? Vice Chair Gort: No, no. Mr. P. Alayon: This is second reading. Commissioner Reyes: Oh, this is second reading, okay. Mr. P. Alayon: Second reading. Commissioner Reyes: Okay. Because I would like for you to have -- I mean, use that easement (UNINTELLIGIBLE) -- Mr. De La Portilla: We're working on it. Commissioner Reyes: -- because that will -- you see, that will affect my district, also. I mean, because we -- Vice Chair Gort: Commissioner, let me tell you why this is taking place. The easement is --that's being used for parking for the people that live there now. So my suggestion was, if you're going to use that easement, what are those people going to do with their parking? So one of the things they're discussing, my understanding from what I've been told, that they're going to build a garage in the tennis court that City of Miami Page 174 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 they have there that is not being used is my understanding, what the agreement's been between them. Commissioner Reyes: You are going to build a garage? Mr. De La Portilla: That is correct, and it would be for joint use, but it would allow -- the proposal would allow for the spaces that they've been using to surface park over the easement -- Commissioner Reyes: Yes. Mr. De La Portilla: -- to be park -- (UNINTELLIGIBLE). Commissioner Reyes: And then you will have use of that easement -- Mr. De La Portilla: Of course. Commissioner Reyes: --for an -- Mr. De La Portilla: Exactly. Commissioner Reyes: -- an ingress and egress? Mr. De La Portilla: Exactly right. Exactly right. Commissioner Reyes: Okay. Mr. De La Portilla: Exactly right. Commissioner Reyes: Okay. Vice Chair Gort: The other thing, all the benefits for the Parks Department -- I got the information from the Parks Department. You give the money through the City of Miami, and the City of Miami will take care of that. All right? All the proceeds will go through the City of Miami. Mr. De La Portilla: Yes, sir. Vice Chair Gort: Okay? Chair Russell: Madam City Attorney, could you read PZ.8 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Mr. Garcia: And -- Mr. Hannon: Chair, my apologies. My apologies, Mr. Planning Director. Madam City Attorney, the new covenant that was submitted into the record amends the legislation, correct? Victoria Mendez (City Attorney): Yes. Mr. Hannon: Thank you. Chair Russell: Thank you. There's been a motion and a second, accepting the amendment; is that correct? Any further discussion on the dais? All in favor, say "aye. " City ofMiami Page 175 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. De La Portilla: Thank you, Commissioners. Thank you, Commissioners. Chair Russell: "Por fin. " All right. Thank you very much. PZ.9 ORDINANCE Second 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. ENACTMENT NUMBER: 13829 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: We have five items left, gentlemen. Commissioner Hardemon: If -- I'll be -- I would like for Commissioner Gort to have an opportunity to have his items heard before mine. Chair Russell: Fair enough. He is -- he's just stepped off the dais. Commissioner Hardemon: I'm sure he'll be back. Commissioner Reyes: (UNINTELLIGIBLE) Commissioner Gort. Chair Russell: Yep. Commissioner Hardemon: Yeah, because, you know, this is the third time that mine has been before this body, and this is the -- I believe the first time -- Chair Russell: Commissioner -- Commissioner Hardemon: --for Commissioner -- City of Miami Page 176 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Oh, you mean his SAP (Special Area Plan)? Commissioner Hardemon: Right, his SAP. Chair Russell: Because he has another item, which is his Blue Lagoon item. Commissioner Hardemon: Whichever one he wants to take first. Chair Russell: There's one up -- there's a zoning item in Commissioner Reyes's district, as well, and that -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- and then we have a HEP (Historic and Environmental Preservation) peal -- Board appeal. Commissioner Reyes: (UNINTELLIGIBLE). While Commissioner Gort is not here, let's -- this is a second reading that -- what I have. Francisco Garcia (Director, Planning): Correct, sir. You're referring to PZs.9 and 10, correct? Commissioner Reyes: That's right. Mr. Garcia: PZs.9 and 10? Commissioner Reyes: PZ.9 and 10, and it's recommended by the Administration and Chair Russell: Do you have a motion on it? Commissioner Reyes: I have a motion to approve it. Chair Russell: It's been moved. Is there a second? Commissioner Hardemon: Seconded. Vice Chair Gort: (UNINTELLIGIBLE)? Chair Russell: This is a zoning issue in Commissioner Reyes's district, PZ.9 and 10. Commissioner Reyes: Yes, sir. Barnaby Min (Deputy City Attorney): May I read the title? Chair Russell: Yes, please. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Russell: Can you read PZ. 10, as well, please? Barnaby Min (Deputy City Attorney): Yes, sir. PZ.10. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City ofMiami Page 177 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Min: My understanding is that PZ. 10 has a covenant, as well. Chair Russell: Thank you very much. Francisco Garcia (Director, Planning): Correct. Todd B. Hannon (City Clerk): I'm sorry. Mr. City Attorney, then does that mean that PZ. 10 is amended with a covenant? Its not -- Mr. Min: It's already in the -- Mr. Hannon: Oh, it's part of the record? Mr. Min: Yes, sir. Mr. Hannon: Understood. Chair Russell: No amendment necessary. Commissioner Reyes: Okay. Chair Russell: Is there any further discussion on the dais? Commissioner Reyes: Nope. Chair Russell: Any comments? Thank you very much. All in favor; say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Commissioner Reyes: Real good job, Dan. Unidentified Speaker: Thankyou. Chair Russell: That's 9 and 10. PZ.10 ORDINANCE Second 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. ENACTMENT NUMBER: 13830 City of Miami Page 178 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.10, please see Item PZ. 9. PZ.11 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 AMENDING ARTICLE 1, SECTION 1.2, TITLED OF TERMS," ARTICLE 3, SECTIONS 3.5, TITLED "MEASUREMENT OF 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. ENACTMENT NUMBER: 13831 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.11, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: Can we look -- we already did PZ. 12. Can we take PZ 11 quickly, please; freeboard and height. This one we had continued for lack of it being -- the map being in, but it now has been, so that there's been proper notice for the public to know which properties could avail themselves of this additional height, based on the flood zone. Victoria Mendez (City Attorney): PZ 11. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there a motion on PZ. 11 ? Commissioner Reyes, is there --? City of Miami Page 179 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. And that's -- Todd B. Hannon (City Clerk): Chair? Chair Russell: Yes. Mr. Hannon: Sorry, sir. ,lust for the record, Mayor Suarez would also like to co- sponsor Item PZ 11. Chair Russell: Thank you very much. Is there any further discussion on the dais? All in favor; say "aye " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That is PZ 11. PZA2 ORDINANCE Second Reading 5119 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY and Mayor- PZ AMENDING ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS 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: Deny RESULT: DENIED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.12, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: Let's move on to our Planning & Zoning agenda, please. So I would like to take up PZ 12, please, the amusement rides zoning amendment. Commissioner Gort, you're the sponsor. So I would like to apologize to all the residents who have spent so much time on this issue, because it has never been the intention of anyone on this dais to put any amusement ride in any City park. The space where the applicant would like to place a Ferris wheel is not even zoned as City of Miami Page 180 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 park space right now. It is adjacent to and part of a shopping center on the waterfront, and that was the intention, with the willingness of the residents, who we understood to be in initial support of at least that applicant's goal to have a wheel on that particular spot, which was not park space, to find a way to get that done. To date, our Administration has not been able to bring forward legislation that accomplishes that without violating the sacred park space, and that's what's got everyone upset to the point where I was sitting at the bedside of Mayor Ferre day before yesterday, and this is all that's on his mind right now, and it shouldn't be. He should have happier thoughts at this moment, but he's looking out for us and the City. But I can assure you that no one on this dais and no one that owns that Ferris wheel intended to put it in park space. So Commissioner Gort, this is your legislation that you're working on with the Zoning Department. I would love to find a remedy and work together with you on it. Vice Chair Gort: First of all, it was -- a lot of statements were made about the way we proceed. And they have to come in here and handle things that come here, because in the City is where things get done, and you need to get an opportunity to speak to the Commissioners, and we didn't get an opportunity -- all I've had with me and every Commissioner here that set up an appointment (UNINTELLIGIBLE) sit in our office with us. I just want you to be up there. My understanding when we put this together on the first reading, we saw the people from the area were in favor of it, because we were going to do this (UNINTELLIGIBLE) requested by the Bayside Foundation -- I mean, the Bayside Marketplace, because that'll be the improvement. As you all know, businesses got to change every so often. They've been therefor 17 years now. They had to make some changes to attract new people to the area, so that's the reason why we voted on it. It was not our intention -- and I think all of you that live on Biscayne Boulevard knows well how I feel about using park space to build something. So I just want to make sure you know this is a process. Unfortunately -- or fortunately, in a democracy, this is the step to take, plus you get an opportunity to come and talk to us. I just want to make sure people understand that. Thank you. Commissioner Reyes: Mr. Chairman? Chair Russell: Yes. Commissioner Reyes: I agree with the words of the Chairman, and I, for one, I believe that our green space are sacred; they're sacred. And I don't think that any of the green space should be developed, rented, leased, and they should be used for what they are being designed -- I mean, they are being -- they are for the use of our residents. So rest assured that while I'm sitting in this seat, I will never, never be -- just the same way that I am opposing building all those -- all that major commercial development at Melreese, I will oppose any, any development in any of our parks. When the first -- when the Ferris wheel was brought to me, it was to be placed on -- just on that little piece of land -- and correct me if I'm wrong, Commissioner Gort -- which is on Bayside; that's it. Any other place, I will not vote for it, see? I will not vote for it. And we have a lot of people that came here and said, "Well, that is nice and all that," but it was not taking an inch of a green space, an inch of a green space. I will not vote for it. I will oppose it, and I will very -- I'm very adamant about protecting our parks and protecting our green space. Now, one thing that in my opinion, what there is -- There is a misunderstanding here, Mr. Chairman; it's a big understanding [sic], Commissioner. I think that Francisco should explain, clearly explain in laymen terms, Francisco, please. Vice Chair Gort: I was asked -- we would like to see this take place to improve -- Commissioner Reyes: Yes, sir. City of Miami Page 181 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 Vice Chair Gort: -- the Bayside. I talked to Francisco and I asked Francisco, "How can this be done without affecting the neighborhood?" And Francisco worked very hard to come up with some suggestions, some idea. Francisco Garcia (Director, Planning): That is correct. And thank you for the opportunity to explain this further. It's been said, but I'd certainly like to make it abundantly clear that nothing in this ordinance makes any reference to an amusement park. It does define and provide very strict regulations for amusement rides. The proposal was made (UNINTELLIGIBLE) came to the attention of the City that there was an intent to erect a Ferris -wheel -like structure, an iconic Ferris - wheel -like structure at Bayside Marketplace. Bayside Marketplace is presently zoned T6-8, and it was my concern -- and I shared it with all the Commissioners, and I shared it with the interested parties, as well -- that if we were to allow amusement rides or a Ferris wheel of any sort in T6-8, there is an abundant amount of land in the City of Miami that is zoned T6-8, and it could be an unintended consequence of such action that we would have applications for Ferris wheels in many parts of the City of Miami, which was not a desirable effect, a desirable result, and for that reason, what I suggested to all the affected stakeholders is that if we were to allow only regional destinations that are zoned CS (civic space) -- and the reason why the zoning of CS is important is it restricts the available land to land essentially or mostly owned by the City of Miami, which has then proper control over whether to apply or not; and in addition to that, that these facilities be master planned. And ultimately, the last change we've made is that the facility also be within the Urban Central Business District. The intent throughout the process has been to further restrict the land eligible in the first place for these applications for amusement rides so as to minimize and reduce to the utmost minimum guideline which is available in the first place, which has brought us down to essentially three parcels, ultimately. And the reason it's down to three parcels, not to one, is because, really, these three parcels are undistinguishable from one another in terms of the -- their conditions, their characteristics. So that reduces the amount of land available in the first place, which was the primary intent. The second part of the process is that the land has to be zoned CS. The intended site, which is Bayside Marketplace, is not zoned CS, so they have to go through a rezoning process. That gives us assurances that there is involvement, public involvement in that process, as well. And last, but not least, they have to obtain an exception, with City Commission approval, which, again, is yet another layer of insurance that all the criteria that are applicable in the Zoning Ordinance have to be met -- and they're defined, as well, in the ordinance -- pertaining to height, pertaining to lighting, pertaining to hours of operation, pertaining to noise, et cetera. And so, once all of those are met, then the proposal can come through the public hearing process, ultimately to the City Commission, and then we all get to see -- myself included -- what this looks like, how it operates, where exactly it is; and finally, a vote is taken in the public by the City Commission. So what I would like to suggest to everyone who's appropriately concerned, as we have been concerned throughout the process, is that we now have an ordinance in the City of Miami that allows in principle amusement rides, restricted to the definition of the ordinance, but only through the most strict, onerous, and appropriately regulated method that there possibly can be, resulting in a City Commission consideration, and possible approval. And so, I propose to you, Commissioners, that this is the most sensible, best practice that we have found in our research, and that it essentially guarantees that ultimately, the Ferris wheel that is brought to us is one that is appropriate for the zone, implemented ultimately in Bayside Marketplace, which is the only parcel being considered at this moment in time. And if it suits the -- or if it meets the requirements of the Zoning Ordinance, then it can be considered and ultimately approved. Commissioner Reyes: Mr. Chair? City ofMiami Page 182 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you, Mr. Director. Commissioner Reyes. Commissioner Reyes: Yes. You see, in your wisdom, is this the only way that we can vote in favor of that Ferris wheel is going to be --could be placed there? Hold on a second. And why do we have to include civic space, and civic spaces that will include Bayside, Bayfront Park, Museum Park, Parcel "B," you see? Why are we placing them in, I would say, in danger? Because this Commission is not going to be here forever, you see, and that's my main concern. That is my main concern; that we are not going to be here forever, and then if we open this to maybe somebody else to try to develop an amusement park in Ferre Park, for example -- Maurice, rest assured, nothing is going to happen to your park, if you're watching. This is -- I mean, what conditions or what type of legislation we'll have to take now or adopt now that will not place all those parks and that parcel in danger of being -- or somebody asking for a development, or somebody wants to be --? We know that maybe you are very well connected, it could be -- you could use the park for something else. Mr. Garcia: I assure you, I am not very well connected, and -- Commissioner Reyes: No, no, I'm not talking about you, man. Mr. Garcia: Oh, all right. Or -- Commissioner Reyes: I know you're not. Mr. Garcia: -- what I will tell you in a simple response to your question, Commissioner, is that in drafting this ordinance, we were looking for the most restrictive approach possible. And so, when you look at the regulations put in place right now, the regulations that result in the minimal amount of land eligible are the ones that you have before you. And I show you by comparison or by contrast that if we were to choose T6 -zoned land, the amount of T6 -zoned land in this particular area in the Urban Central Business District is 95 percent of the land available. So we were very concerned that that land would become eligible, and we did not want to do that. So we've actually put, quite frankly, the applicants, Bayside Marketplace, through quite an onerous process to have to rezone the land to CS to be able to even apply for this. And believe me, they were not pleased with it, but we felt that that was the best way to ensure that one and only one at most of these would ever be built. Commissioner Reyes: Do we have any special zoning that we can adopt so that --? Mr. Garcia: This is the most restrictive, most specialized zoning that there is to that end. Chair Russell: If I could make a recommendation, because as the legislation is written, I would have to vote "no." But if there's an amendment we can make that would not force it back to square one and scratch, I believe it would be to alter -- amend CS to T6. And what -- the restriction that you mentioned earlier is properties owned by the City that are also master planned -- we could even say, "that are also waterfront" -- that happen to be T6 would also be a very restrictive -- Now I understand your concern may go towards spot -zoning, if that's the case. Commissioner Reyes: That's spot -zoning, right? Chair Russell: And that's a technicality I need us to legally avoid. However, if there are other -- because you're saying there's so many T6 -8s -- if you can cast a slightly broader net of T6, with enough restrictions that give us the intention of where in the City of Miami Page 183 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 City we would like to allow, plus a distance requirement, because I really don't think we're looking for Ferris wheels all over our waterfront. If there is one that's suitable and it's suitable to the community and we go through the process and there's public hearings, and it's -- we're open to it, I think it's acceptable. But there must be a way to do it that's not CS, because the spot we're looking at is not CS; it's actually T6, so there must be a way we can allow it to go in T6. Mr. Garcia: I am humbled to admit to you, Commissioner, that I am bested. I am bested by your challenge. We have certainly -- and again, I, quite earnestly, represent to you that we've looked at every which possible way to address it in a safer manner, and I, for one, haven't found it; which is not to say that it doesn't exist. If you want to send it back to --for further review, I'm happy to work with the City Attorney's Office toward that end. Certainly, to change CS to T6 of any sort would require a rehearing process, because right now, that's not contemplated in the ordinance. But I am bested on this one; I've tried every which way. Chair Russell: That's not an amendment we could do at this point in the process. We'd have to go back to PZAB (Planning, Zoning and Appeals Board) for that. Mr. Garcia: To square one, absolutely. Commissioner Reyes: And your fear is that other T6 could ask for -- Mr. Garcia: Absolutely. Commissioner Reyes: -- other --? But they would have to come before us, right? And -- but can we place -- I don't know. I think that the Chairman has -- maybe if you can call it spot -zoning, but maybe we can go around it; that we can place certain conditions that not all T6 apply to that. Victoria Mendez (City Attorney): The problem is that when you draft legislation that something is allowed, unless there is no condition you could place that would ameliorate the situation, you have to grant it. So once you create this legislation, unless -- Commissioner Reyes: How much land that -- is that -- are they using on that Ferris wheel? Chair Russell: It's very small. Commissioner Reyes: Very small? Chair Russell: If you've ever been to Bayside Marketplace -- Commissioner Reyes: How about if we limit T6 greater -- I mean that they are bigger than the amount of land that they're using, can -- they are excluded? Ms. Mendez: I think that if -- we may just have to go back to the drawing board a little bit and -- Commissioner Reyes: Well, it's -- but you see, I don't -- Ms. Mendez: -- to figure this out. Commissioner Reyes: -- my concern is that I don't want to -- I mean, leave the danger that later on, you see, somebody wants to -- maybe a -- next Commissioners and Mayors, and all of that, they want to develop an amusement park in Regatta City ofMiami Page 184 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Park or in Bayside -- I mean, in Bayfront Park, or in Maurice Ferre Park. You see? Why don't we -- Chair Russell: Okay. Commissioner Reyes: --just limit the amount or the size, for example; just the size of any T6 greater than -- in size greater than what it is now cannot be used for that -- Chair Russell: Commissioner -- Commissioner Reyes: -- amusement park, because this is specific for a Ferris wheel. Chair Russell: -- here's something we've learned today, though: To make any change from CS to anything else sends us back to square one. Commissioner Reyes: Yes, sir. Chair Russell: So as it is, it is with CS. So what is before us today is no way to amend this and make it better to the satisfaction of this dais. We have no other option but to vote "no" on this item, and then send them direction to find another way, whether it's through another zoning transect or use, or existing use. And so, that would be my recommendation to this dais, because we are not intending, nor will we allow a rollercoaster in CS in Bayfront Park and certainly not Maurice Ferre Park. Commissioner Reyes: No, no, no. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: My concern about legislation like this, not -- be it CS or T6, or however you want to talk about it, is for other places where we know that there'll be some -- because you defined it as "amusement" -- "these amusement rides." Would a -- what do you call those things high above the land? You get on it and you propel yourself -- ziplines. Chair Russell: Zipline. Commissioner Hardemon: Would a zipline be an amusement ride? Because as I know, there are some plans for ziplines in some approved projects that have been approved by the voters in the City of Miami. And I don't believe -- maybe -- I don't know what the zoning is for that space, but my worry is that when you say, "Okay, amusement rides for this zoning, " it would then put them in a position where they can have what they've planned in their space that was voter -approved, et cetera, simply because of this zoning change, or a zoning change like it. Chair Russell: Right. Mr. Garcia: So if I understand correctly, you've asked two questions. First, does the zipline type comply with the definition of "amusement ride?" It's certainly not intended to, because that is a much -- sort of low profile -- lower impact kind of a ride, just to use that terminology. And it's certainly not mechanical in nature; not in the way a rollercoaster is; not in the way a Ferris wheel is. But again, that is down to the definition itself and how it is ultimately interpreted. So what I will tell you in response to your question is ziplines were certainly not intended to be governed by this regulation. This has in mind the kind of major impact, major -scale rides along City of Miami Page 185 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 the lines of Ferris wheel and rollercoasters. And again, it tries to be as restrictive as itpossibly can in terms of their implementation. Chair Russell: We don't currently have the use, if I understand correctly. They're going to need to go back to the drawing board. So I'd welcome a motion to -- Vice Chair Gort: Move it. Chair Russell: -- deny this one. And then, beyond that, I would welcome a resolution protecting Maurice Ferre Park from further upland commercial development. Commissioner Reyes: And all parks. Chair Russell: So I think that's something we can direct to come back with, please. Mr. Garcia: And that is certainly -- may I say briefly? Because that may help matters further, but that is certainly something that is within your ability to do, which is to pass a resolution to protect specific properties within the City of Miami -- Commissioner Reyes: But if you -- Mr. Garcia: -- that would not be in conflict with the proposed ordinance. Commissioner Reyes: I -- if you're going to move that resolution protecting Maurice Park, I want you to include all parks. Chair Russell: Todd has a concern. Todd B. Hannon (City Clerk): Sorry, Chair. If we could just address PZ. 12 first. Chair Russell: Thank you very much. Commissioner Reyes: All parks. Chair Russell: It is on the floor. There is no motion, and you make -- Commissioner Hardemon: I move to deny PZ. 12. Chair Russell: Commissioner Hardemon has made a motion to deny PZ.12; seconded by the Chair. Commissioner Reyes: Well -- Chair Russell: Is there any further comment from the dais? Commissioner Reyes: -- I made the motion before. Chair Russell: You -- Commissioner Reyes: Yes. Chair Russell: I apologize. He did make the motion first. Commissioner Reyes: But that's why -- Commissioner Hardemon: I second his motion. City of Miami Page 186 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 PZA 3 Commissioner Reyes: -- I could second you. Okay, I second Chair Russell: Just to clarify, then, we have a motion and a second -- Vice Chair Gort: And a second, (UNINTELLIGIBLE). Chair Russell: -- by Commissioner Hardemon, just for the record. Commissioner Hardemon: That's fine. Chair Russell: Is there any further discussion from the dais? There is certainly direction given to the Administration to continue to work on this item, but in a different way, without CS in any form. Any further discussion from the dais? Commissioner Reyes: Mr. Chairman, are you still willing to --? Vice Chair Gort: Let's vote on this one first, and that's the second (UNINTELLIGIBLE). Commissioner Reyes: Okay, let's vote. Chair Russell: All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. ORDINANCE Second Reading 5230 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Planning PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PZ.13 was continued to the April 25, 2019 Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 13, please see "PZ Order of the Day. " City of Miami Page 187 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 PZ.14 ORDINANCE Second Reading 5231 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE MOVER: ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY Department of CHANGING THE ZONING CLASSIFICATION FROM "74-R," GENERAL Planning URBAN TRANSECT -RESTRICTED, TO 75-0," URBAN CENTER ABSENT: TRANSECT -OPEN, OF THE PROPERTY LOCATED AT 1415 Note for the Record. Item PZ.15 was continued to the April 25, 2019 Planning and NORTHWEST 63 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PZ.14 was continued to the April 25, 2019 Planning and Zoning Commission Meeting. For minutes referencing Item PZ.14, please see "PZ Order of the Day. " PZ.15 ORDINANCE Second Reading 5228 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING MOVER: ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF Planning THE CITY OF MIAMI PURSUANT TO AN EXPEDITED STATE REVIEW ABSENT: PROCESS AS ESTABLISHED IN SECTION 163.3184(3), FLORIDA Note for the Record. Item PZ.15 was continued to the April 25, 2019 Planning and STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET AND 1200 NORTHWEST 62 LANE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PZ.15 was continued to the April 25, 2019 Planning and Zoning Commission Meeting. For minutes referencing Item PZ.15, please see "PZ Order of the Day. " City of Miami Page 188 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 PZ.16 ORDINANCE Second Reading 5229 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY "T4 Planning CHANGING THE ZONING CLASSIFICATION FROM -R," GENERAL AYES: URBAN TRANSECT -RESTRICTED, TO 75-0," URBAN CENTER ABSENT: TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT Note for the Record. For additional minutes referencing Item PZ.17, please see APPROXIMATELY 1415 NORTHWEST 63 STREET AND 1200 NORTHWEST 62 LANE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PZ.16 was continued to the April 25, 2019 Planning and Zoning Commission Meeting. For minutes referencing Item PZ.16, please see "PZ Order of the Day. " PZ.17 ORDINANCE First Reading 5525 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. For additional minutes referencing Item PZ.17, please see 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE 8.25 ± ACRES OF REAL PROPERTIES LOCATED AT 2140 NORTHWEST 12 AVENUE, 1243 NORTHWEST 21 STREET, AND 1215 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.17, please see "Public Comment Period for Planning and Zoning Item (s). " City ofMian ni Page 189 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 Chair Russell: PZs.17, 18, and 19; also Commissioner Gort. This is the Produce SAP (Special Area Plan). Victoria Mendez (City Attorney): Chairman, would you like me to read all three titles into --7 Vice Chair Gort: Yes. Chair Russell: Yes. Thank you. Ms. Mendez: Okay. PZ. 17. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ. 18. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ. 19. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Hello, sir. Javier Avino: Hello. For the record, Javier Avino, with law ojfices at 1450 Brickell Avenue, here on behalf of the owner and applicant, Miami Produce, LLC (Limited Liability Corporation). With me today, I have the owner -- Vice Chair Gort: I'm sorry. I have a Jennings disclosure. Chair Russell: Of course. Vice Chair Gort: I have met with the attorneys for the developer. I also met with the people of the community. I've met with them, and I just want to make that disclosure. Chair Russell: Thank you very much. Mr. Avino: With me today, I'm joined by Jeff Weinstein of the Ownership Group, as well as Kai Bergmann of Bjarke Ingels, the architect of record; John McWilliams of Kimley-Horn, the traffic engineer; Andy Dolkart, our economic consultant; and my colleagues, Vicky Leyva and Carly Grimm. We're really excited to be here. I know it's been a long night for you, so I will try and give you a -- as short of a version as possible. It's been a long road. We've been -- we started this project over 19 months ago. We've worked diligently with the City and with the community to reach where we are today, and we're really proud of where we are. I would be remiss if I didn't thank staff. We had many, many countless meetings, and I think, as a result of those meetings, as well as community input, we've really developed a project that we all can get behind. To that end, let me walk you through just geographically, Santa Clara Metrorail Station. It's between 12th and 13th and 22nd and 21st Streets. It's an entire block. There is no -- currently, no connectivity between the block. It's a superblock, and it consists of three industrial buildings. It's a produce center; formerly, a major produce center that had various other connectivity. One of the main things that the applicant and owner was passionate about was keeping that industrial character, so the development conceives keeping the three industrial base and retrofitting them for retail and commercial and other active uses, and we're also creating a new thoroughfare that connects and divides the block. So 21st Terrace, which doesn't currently exist, will now connect all the way through. As a result of City ofMiami Page 190 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 conversations with both staff and the community, that connectivity, which is both a vehicular -- limited vehicular and pedestrian thoroughfare, will also connect to the Metrorail Station, to the Santa Clara Metrorail Station, which is here. Just south of the project is the Santa Clara Apartments, which is an affordable housing development. Chair Russell: Which way is north on your map there? Because it's sidewalks, isn't it? Commissioner Hardemon: No. This is north. North is up; south, east, west. Chair Russell: Got it. Mr. Avino: And the Santa Clara Station is just here. It's in the southeast corner, catty -corner of the property. So as I mentioned, the proposal includes the adaptive reuse of the existing structures, which was really critical to the thought process of how the project was developed, and the architects will give you, in a short moment, sort of the background and history of the site and how we really got to where we got from a design standpoint. The site currently has no open space, no trees. It's a -- very much an industrial site. The SAPS require a 5 percent minimum of open and civic space. This project is proposing nearly 16 percent; 15.8 percent open space, with a very lush amount of landscaping that will be open to the public. This gives you an idea. Everything in green is civic and open space, and that's in addition to the street that connects and bisects the project; the new street, 21st Terrace. The proximity to rail really made -- gave us an opportunity to bring in a diverse variety of uses, so this is truly a TOD (Transit -Oriented Development). It includes commercial, retail, educational uses, residential; and we also have a couple of uses, including urban agriculture, which doesn't exist, but is important again to the character of this neighborhood and the character of this particular site that we wanted to make sure that we have this urban farming, so that the restaurants that are there are able to have true farm -to -table components. In addition to that, we embraced the idea of co -living. Co -living is something that exists in many parts around the country and throughout the world. And what co -living is, is a shared common space. The way that this is structured, after a lot of analysis and thought, is that it's capped to only four rooms that will share -- so it's essentially a four- bedroom concept. The four rooms have their own individual bathrooms, and they spill into a shared kitchen and family room situation. That residential typology really starts creating affordability. It gives the various layers that we think is necessary. And one of the things that we found interesting is when we appeared before the Planning and Zoning Appeals Board, one of the board members shared that her son lives in this very same concept in Denver. And while she shared she would not be one to partake in that type of a residential use that her son was very much happy with that concept. So let me walkyou through the zoning briefly. So the site is a D2 site; we're proposing T6-12. But what's important with that is that we're not even coming close to maxing out the square footage that would be permitted in the T6-12. In fact, we're not maximizing the square footage that would be permitted currently under the current D2 zoning classification. So this really is an exercise of planning and of uses. It's not an exercise of trying to get more intensity than what the site really already permits from an intensity standpoint, and we think that that's important. It's in scale and character with the Santa Clara Apartments that I mentioned that are just to the south from a height standpoint and from a massing standpoint. So I wanted to also share with you, before I turn it over to Kai for him to go through a more thorough architectural presentation, some of the important fiscal and economic benefits that the project will produce. We're proposing a total of 12.5 percent workforce housing in the first 600 units, with an additional 5 percent workforce housing in the second 600 units. The project is anticipated to produce 5,757 jobs, with 3,472 of those being onsite construction jobs and 1,482 being City of Miami Page 191 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 employed onsite annually; an additional 858 indirect workers. The 3,000 plus construction jobs will generate more than $305 million in wages; with the permanent jobs, a 113 million in wages. Our development agreement has local hiring requirements. As far as additional fiscal benefits, in addition to the $8.3 million that are estimated in impact fees and an additional 5 million in park impact fees, there's 14 million in road impact fees, and a 47 -time greater tax increase, as a result of the final project, in tax revenues to the City. As I said, the civic space is -- while what's required is 5 percent, we're proposing 15.8 percent, and approximately $60 million worth of improvements to get that open space. The open space is -- we have underground parking, and there's, as I said, not a single tree onsite, so there's a lot of landscaping and a lot of infrastructure that needs to go in to be able to accomplish that amount of open space. Connectivity and Thoroughfares. As I mentioned, one of the main cornerstones of an SAP is that connectivity and those thoroughfares, and we're adding a new thoroughfare that does not exist, and we'll connected it to Metrorail. In addition to that, we're -- we've agreed to transitpasses for employees of the owner, as well as bicycle share stations, and a very large increase in overall bicycle parking within and surrounding the property; total of $8 million worth of improvements within the connectivity and thoroughfare category. So with that, I'm going to ask Kai to walk you through some of the architectural components of the project and sort of the history of how we got to the design and the background of where we are. I'll come back and be ready for any questions. Kai Bergmann: Thank you, Javier. Thank you, Commissioners, for being able to present the ideas for this project. I stand here as a member of the Bjarke Ingels Groups, BIG Architects, and maybe I'll just begin by sort of explaining why we think that we've been asked to work on this specific project. Partly, we believe that it is because it is such a complex project that's bringing in residential, working, the retail and the restaurants, as well as the school facilities and the open space. We have worked on all of these types of projects previously. This is an open space project in Copenhagen called "Superkilen. " It actually is made in a neighborhood which has 60 different nationalities within it. Rather than expecting all of these immigrants who are living in Copenhagen to sit on a Danish -designed bench, or to read a book under a Danish -designed light, we actually asked them, the residents, for their perfect bench or their perfect fountain. And so, in this one -mile -long park, we actually curated the entire park to include benches, trees, and objects, kind of urban furniture, that was coming from their own homes, their own memories, and thus, we gave them a home in their new home that reminded them of where they came from. Over a hundred objects were actually placed in this one -mile -long park. So when you come now to Copenhagen, you'll have a Moroccan water fountain. You have actually also the street signs or the neon signs coming from other countries. There's a dentist sign from Qatar that you can see there in the distance; swings from Baghdad; a Thai boxing rink; of course, a litter box or trash bin from England, and then even bike sort of places from different countries as Finland, or a red square sign from Moscow that now sits outside of a Shawarma stand. Even the landscaping is actually sourced from different countries in order to bring all of those kind of best practices and objects to a new home. That home is now shared with many generations, from children to their grandparents. It offers them places to sit and to enjoy the life of the city in between buildings. So we feel like this is an actual park that was designed by the people, where we, as architects, just became sort of the pen that was allowed to create the space. We've also been working on a lot of different types of housing, from market rate all the way to affordable housing. These projects here, both of which, the VM House and the Mountain, are also having retail education components, along with the living. We feel that it's very, very important to provide people a flexibility of living, because you can't really just design one or four typical units and expect all the different family types to live in those units. We expect also and hope and encourage for people to meet each other, and to take care of each other. These units, as you can see here, are very flexible. We don't really build a lot City ofMiami Page 192 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 of demising walls. People can come into the units and create their own walls, or the number of bedrooms as they wish. We just basically create this shell of a space, and allow for the people to inhabit them as they wish. The Mountain is another project that also incorporates parking. Here, seven floors of parking are underneath 80 units of housing. So the parking ramps up. You have a funicular elevator that connects up a slope that connects you to all the different floors into the apartments. The apartments themselves are actually all open. They allow the natural light to come and filter in, and they have very large terraces, because this is sloping down. So you have about 600 square feet of outdoor space, as well as indoor space. And again, it's how can we actually create a kind of suburban life that everyone wants, but perhaps, allow it to be created in more sort of dense developments so that we not use all of the land that single, detached family housing requires? And you can create really, I think, beautiful, but also very efficient, types of housing that still allow you to have that space that you need to get out and to enjoy the sun and the space. So it's really about how can we take certain needs, certain qualities that all of us want, and to sort of put them into -- and respect those qualities, even when we build in sort of more urban areas? Another project that we know that the clients really looked at in order to sort of choose us to come here to Miami is the 8 House. One interesting thing about the 8 House is that all the rainwater hits the streets and is collected in a reservoir, so you're not paying for a lot of money to do the canalization of rainwater underground. Suddenly, this rainwater is actually an amenity that can be used all year round, from when you're actually walking your dog to actually ice skating. So the very aspect of rainwater is something that can actually be used in many, many different ways. It's not something that has to be a problem, as is the fact in so many places in low-lying Miami. You— also, here is a project that has a lot of different types of housing. So if you look at the section, the gray areas are retail and office space, commercial space; the yellow are row houses, so that one family unit can occupy both floors; you have a landscape area that's on top of that retail; you have three floors of flats; and then, again, you have a penthouse on top that again has green space. So it's a building that uses the complexity and the different types of program to really create a lot of different types of units, and again encourages different groups to sort of live together; different generations. This is an affordable project, where we have pulled out prefabricated units to allow for a generosity. And I think that the word generosity" is probably all -- very often lacking when you consider affordability. When I say "generosity, " most typical affordable units are built like on the left; just a grid of apartments. We're pulling apart the grid in order to create spaces in between the prefabricated units. You will enter this unit, which is about $600 for a one -bedroom, and have literally a 12 foot floor -to -ceiling within two -- in this case, two bedrooms that are on either side of the unit. So this is a chance to actually have spaces that also will invite for different families and different sized families to actually give them spaces that they really want to be in. You'll also notice that we took the glazing in a little bit so that we also have that outdoor space, and you can actually stand out there. This is a project that we've built, an affordable housing project, so I'm -- this is in Copenhagen. Yeah. Chair Russell: I heard $600 a month. Commissioner Reyes: That's right. (UNINTELLIGIBLE). Mr. Bergmann: Yeah. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Bergmann: No, no. I'm not using -- Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 193 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Bergmann: Yeah. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Bergmann: I'm not -- Commissioner Reyes: Just keep on going. Mr. Bergmann: Yeah. Commissioner Reyes: Just keep on going. Mr. Bergmann: I'm using different examples of these projects to demonstrate. Commissioner Reyes: Oh, okay. Mr. Bergmann: All right. So we've -- Vice Chair Gort: It's good to -- Mr. Bergmann: -- that's what I -- so -- and we've also worked on projects in New York with "The Big U, " which is a multiagency project, where we've actually helped the City protect itself against rising seawater. This is a project that has been pushed by HUD, the Housing and Urban Development Department. We're currently in the first two and a half miles of that development. That's a project that we've worked with about 40 different public agencies in order to take that through. So more specifically to the project here in Miami, we are talking about Allapattah. And when you look at the history of Miami, when the first sort of railroad offered the City kind of -- or gave the City its birth, as the City grew very early on, Allapattah became a very important part of that City, and you can see the site within Allapattah as outlined in white. The City grew, of course, westward; and again, rail has always been a very important part, because as the airport was built out, then there was a rail connection to the airport from the port. That went through our site, and you can see here that there was -- you can see the site with the pink arrow. And that rail connection between the airport and the port was a natural decision of why and where to place the Miami Produce site. The Miami Produce site was actually a spur off of the main connection, and the spur ended directly into the site. That -- then you have a range of warehouses. This was the sort of initial proposal. It was then changed, also, slightly to what was built. What you see here is what is there today. But what you'll also see when you're looking at this is actually its condition. It's not a welcoming condition to the residents of the Allapattah neighborhood. It's actually fenced off. This is also running directly next to the Metro; and you have, in that sense, the Santa Clara stop, where you have the Santa Clara Apartments, but here you have the low-lying site that is entirely fenced off. This is directly where the Santa Clara stop is on that corner. So when you look at the site, what you'll notice is that as the population grew in Miami and the City grew out towards the east, you have about 55,000 --just under thousand people that are in this neighborhood. The high-rise have all been built along the Biscayne Bay, the waterfront, and everything sort of adjacent to the high-rises and towards the airport is fairly low rise. There was an industrial corridor that was then connecting the high-rise and the waterfront to the airport, and that's what we can see as we look here. Going from the airport, you can notice how that industrial corridor actually is cutting the -- or disconnecting the two neighborhoods on either side of Allapattah. So this is really a gray zone of parking, and very little vegetation that then is really the heart of the site that we have here. The zoning supports what I've just said; that the zoning is mostly industrial, and here, orange is residential. So what we're looking for in this project is truly to create a connective tissue so that the neighbors can actually walk safely also from City of Miami Page 194 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 one neighborhood to the other. The green spaces, when you map them out, there's almost no green space, whatsoever, in the vicinity, and that is what we're hoping to do here; is to basically create that open space that Javier was just mentioning. And, really, it's a project that wants to connect the different uses and the different open spaces. It again is a transit -oriented development, being just adjacent to the Santa Clara Station. You have also bus routes. We want to reinforce bicycling and walking. So here you have a 5 -minute, a 10 -minute, a 15 -minute sort of walking distance. And when you look at also the restaurants, this is mapping out all of the restaurants in the neighborhood. There really isn't anything for blocks from our site; very, very little. It is predominantly parking and hard asphalt. So when we look at the Miami Produce and we look at the existing buildings, even the existing buildings are not friendly or inviting people to come in. So one of the first things to look at is their use, and currently, that use is the selling of produce. It was mentioned that we want to bring the road back and reintroduce it through the site, so that's creating more connectivity on the site. We really want to create porosity. So this project is about allowing people to move through that site, to give them a reason to come to the site, so we're looking at retail, we're looking at restaurants, cafes, and the school. The school would take one or half of that bar. So currently, the height is just off the street, so when trucks back into the Produce, they can of course unload and load. So you can't naturally walk into them; they're freezers, and again, it's not something that the general public is using. We're proposing that all of those spaces become public -oriented or public use, and that those are -- that becomes the sort of heart ofAllapattah. This is just a rendering of how to kind of reuse one of these bars to create that school building and provide those sort of maker spaces that the students can work within. We are talking about co -working spaces, creative spaces, really maker spaces, and the idea of actually starting to grow things that then can also be incorporated into the actual restaurants and cafes. When you look at that outdoor space, we are taking advantage of the space in between the existing Produce. If you look at the scale of Lincoln Road, that's the exact same scale that exists between these bar warehouse buildings. So by placing landscape in the middle of those spaces, you can break them down and create some very pleasant areas. There's also then creating much-needed public parking, but to place it in a sort of area that's adjacent to the Santa Clara rail line. And this is really what we, in essence, could do, but we don't feel that this is the right thing to do. So by developing on top of the existing bar buildings, you really create a project that in many ways kind of doesn't invite or allow for the City to create that porosity that we were talking about. So the bar buildings could, of course, also go in an adjacent way, but again, that doesn't feel right in terms of massing or what should happen. So what we're talking about in terms of the development is to break it down into these blocks -- the blocks are working with the new open space that is being created between the existing Produce buildings -- and then placing them offset to each other so that there are views out, sun and air can come in, and that you basically create a project that is more urbanistically [sic] focused on how to integrate itself with the Santa Clara Apartments, with the density that would be beneficial to a transit destination and to also allow people in both sides of those neighborhoods of Allapattah to walk through and to use this site. The buildings are, of course, on stilts. That's kind of reminiscent of some Florida vernacular architecture that you might have seen. And the landscape is really important, both in terms of its legacy and history, thinking of fruit trees. And when you think that there are absolutely no trees on this site, you can only do better. So the existing photo on the left, with what is a kind of inspiring image on the right, we want to create different types of landscaping. There's -- a school would have one form, where there could be kind of classrooms outdoors. We have the shared, and then we have specific dining that is more kind of intimate and creates a canopy under which to actually eat. So this is the idea for the three different types of vegetation that you would find on the ground level in here, depicted in these renderings. So that open space is not only on the street level; there's also a desire to put open space and accessible space on top of City of Miami Page 195 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 that first row of buildings; and again, to have spaces that are on top of the buildings as well. So we are, in essence, creating spaces that are alive, that you're also sort of occupying in between. So going from an incredibly active green, very fertile landscape, and that -- in essence, making that from where no trees were before. Here's a few plan images, and the programming between those, the porosity. So everything that you see there in white are actually areas that people can walk through. And then I'll end on just a couple of images here of the model and the rendering next to the Santa Clara Apartments. Thank you. Chair Russell: Thank you. Mr. Avino: So just from a couple housekeeping items, the City staff has already, in the current legislation, acknowledged that we have complied with a bevy of the conditions that were previously placed, and that's already included and incorporated in. And just for the record, we agree with all the other conditions and the staffs analysis and report. Vice Chair Gort: Mr. Chairman? Mr. Avino: And I will just, you know, based on time -- Vice Chair Gort: Mr. Chairman? Mr. Avino: -- open it up for -- Chair Russell: Yes. Mr. Avino: -- questions. Vice Chair Gort: I'd like to hear from couple of people that were not able to come, because they were working, and they're here. They're property owners. Would you come forward, please? And they've been working on this for quite a bit now. Chair Russell: You'd like to reopen public comment? Vice Chair Gort: Yeah. Chair Russell: Gladly. Hello. Cynthia Aracena: Hi. Chair Russell: Do you need to swear them in, Todd? Todd B. Hannon (City Clerk): Yes. Chair Russell: Please. Ms. Aracena: My name is Cynthia Aracena. Mr. Hannon: My apologies. Vice Chair Gort: You got to swear her in. Mr. Hannon: There was just two? Okay. If you could just raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. City of Miami Page 196 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Hannon: Thank you, Chair. Ms. Aracena: My name is Cynthia Aracena, and I reside at 3221 Northwest 14th Avenue, Miami, Florida 33142, in Allapattah for the past 41 years. As I heard Commissioner Hardemon speak earlier, I felt like he was like a bug inside of my mind, just listening and going through everything that I've always thought in reference to Allapattah, my neighborhood. I know you probably heard of displacement and low-income housing and affordable housing. I understand that we need affordable housing, but we have enough of that in Allapattah, and it's not bringing anything to our community. As a resident of 41 years, a person that went to elementary school, middle school, and college, and went back to the neighborhood, there was nothing there for me. My friends, I call displacement. The people that I went to high school and college with, they moved out, because there was nothing for them there. They were displaced. My son is a college graduate now, and he's finding it hard to have anything to do in Allapattah, because there is nothing there. We've been in Allapattah. We lived through the McDujfie riots. We helped the neighborhood. I have a nonprofit, and I give back to my community, but there is essentially nothing therefor us. When we want to go to a Publix, we have to drive to Biscayne Boulevard. If we want to go have a glass of wine or a nice restaurant, we have to go to Hialeah or Wynwood. I've been going to Hialeah at cost -- to Costco for 26 years. I'm tired of driving to Hialeah. I want to have something nice in my neighborhood. Like the Miami Produce Center is going to bring us jobs. It's going to bring us a school. It's going to help my kids and maybe my grandkids have something to do, where they don't have to drive to Hialeah or Biscayne Boulevard to go do something nice or get an education, or whatever it is that we can do that, right now, we're not able to do there. Rent in Allapattah is already extremely expensive, and it has nothing to do with the Miami Produce. It's been that way for years. So I think, in my opinion, that this is a wonderful project. And we don't need more affordable housing; we need more businesses. We need to bring something to our neighborhood that's going to bring value, and we deserve to have something nice. Chair Russell: Thank you very much. Next speaker. Monica Tewani: Hi. Good evening. My name is Monica Tewani. I live at 7244 Sunset Drive, Miami, Florida. I am -- it's a family business of ours. And over the years, for the last 40 years -- My parents came from India, came here, and for whatever reason, they loved Allapattah. We first lived there, and then we ended up opening up a store, which then became a big business. We moved out of Allapattah for a little while, but then we came right back. Over the years, we invested in 1741, 1751, 1757, 1771, 1792, 1774, and 1760 Northwest 20th Street. We also purchased 1732, 1762 Northwest 21st Street, and 2280 Northwest 20th Street. We sold a lot of clothes. Vice Chair Gort: I can see that. Ms. Tewani: And we took all the money and we invested it into this area, because we believed in this area. Coming from a country where it's hard to get ahead, we wanted to support small businesses in the area, just as we were supported when we first started. So we feel very strongly that this would bring a lot to our neighborhood. We've seen the neighborhood grow, and we hope that it will continue to grow in the best positive -- most positive way. The inspectors are doing a great job in that area. They help us make the neighborhood better. The NET (Neighborhood Enhancement Team) Office is beyond amazing. Yariel Diaz is a huge asset to our community. And so, we hope that all of these plans become a reality at some point, and we look forward to eating at the restaurants and supporting their businesses. Thank you. City of Miami Page 197 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Vice Chair Gort: Thank you. You need to close the public hearings [sic]. Chair Russell: Close the public comment. Vice Chair Gort: Let me -- I'm going to take my time. You know, we're talking about gentrification as something new. Now it's bringing -- everybody's bringing that up. I moved in Allapattah in 1962. My father-in-law bought the home -- They want you to put those down so they can see our faces. My father-in-law bought that home in 1956. And in 1956 (UNINTELLIGIBLE) -- some of you that understand the value of property at that time, they paid $20, 000 for the house. Commissioner Reyes: They pay a lot. Vice Chair Gort: If you go around Allapattah, you'll see a lot of beautiful buildings, home -- owned by the people; they own it, and (UNINTELLIGIBLE) we talk a little bit -- a little while ago. Homeownership is very important. We have over 6,000 -- close to 7,000 affordable housing and public housing in Allapattah, plus three more buildings coming up for affordable housing. And what happens is the gentrification that took place in Allapattah -- we had a shopping center right on 36th Street, between 12th Avenue, all the way to 22nd Avenue. We had a J Byron's. We had theaters. We had all kinds of facilities and business within that area. And you know what happens? It started coming down. Gentrification started coming in. The buying power of the people that was moving in was not there, and I understand, because before I was a Commissioner, I built a lot of affordable housing; not only for rental, but for ownership through non -for-profit that we put in Little Havana and through Allapattah, so we built a lot of those. But I think enough is enough. Right now we have this project right next to affordable housing, a large building there with quite a few apartments there. My understanding, somebody went in there and told them they were going to lose their rent. That's not going to happen in that area. We also have something very close on 12th Avenue, right next to the railroad, and I think this can bring a lot of jobs. And going back to the -- someone says there was no job - - I have the figures of the River Landing. They created -- 74 residents had been hired by them. Now they're going to have a job fair for the permanent jobs for the facility. That River Landing brought Allapattah back, because that area was completely dead. So it's coming back. The County -- I had meetings with the County. The County's beginning to take the jail away from Allapattah. I think they're looking forward to move it away, because that's been a distraction in there. We talking with Jackson to make sure that -- Anybody that gets picked up anywhere in the Dade County, they end up in Allapattah and Jackson, and then they end up in our street. So we're working to improving that. So I just want to bring this data forward so that we know. Okay? Commissioner Reyes: Mr. Chair? Vice Chair Gort: And I'm ready to make a motion. Chair Russell: Yes. Commissioner Reyes: Okay. Chair Russell: Commissioner Reyes, you had to say something? Commissioner Reyes: Yes. I'm going to make a comment. I -- Chair Russell: Before that, we do have a -- Commissioner Reyes: Oh, you have a motion? City of Miami Page 198 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: -- Commissioner Gort was trying to make a motion. I'll be glad to second it. Commissioner Reyes: Well, make your motion, and then I will (UNINTELLIGIBLE). Vice Chair Gort: I move to approve. Chair Russell: There's been a motion by Commissioner Gort -- Vice Chair Gort: Second reading. Chair Russell: -- seconded by the Chair. Commissioner Reyes, open for discussion. Commissioner Reyes: Okay. Listen, I didn't come in 1956, but I came in 1959, and I used to go a lot to Allapattah. I used to go a lot to Jackson High School. I have a bunch of friends that they live there, and I remember the shopping centers and everything. And Allapattah became the Dempsey dumpster, and you can say that, of the City of Miami. They have to build a jail, they build it in Allapattah. Whatever they have to do, Allapattah. Any social service, whatever, go to Allapattah, because Allapattah had a lot of, I would say, warehouses. Now, but this is very appealing, this project, but I have some questions. And my questions are, first of all, I'm seeing that you're going to build 1,204 rental apartment units, 230,000 square of --feet of office space. According to you, every office -- every square feet, you're going to have per office. How many people are there going to be employed by that? It's going to be a bunch ofpeople that are going to be working there. You have 78,800 square feet of retail and restaurant spaces, 78,300 square foot for (UNINTELLIGIBLE) educational facility, so on and so on. But then at the end, then you have 1,175 parking spaces, you see. I do understand that the rationale is that you are next to the Metrorail, but I also -- I'm of the -- I'm convinced that Miamians - - I mean, not everybody that -- that Metrorail doesn't take you every place you want to go. It goes from nowhere to nowhere, you see. That's the big problem that we have on our transportation system. You see? And if you want to come to Coral Gables, you have to get in a car, because you don't have any way to come here. And if you work -- let's say that you work in -- near Flagami, or any other places, you have to get a car. I think you're a little short on parking spaces, and that is another - - that's one thing that I am concerned about. Because if you don't have parking spaces, what people are going to do? They're going to park on the streets, and they're going to spill into the neighborhoods, you see. You see, although, there is not too many neighbors around that area, but it's going to spill over there, and I want you to take that into consideration. Also, you have said you have -- you say that you're going to charge -- you're going to have 749 units, or 62 percent of the total are going to be efficiencies. What are you -- define -- you define "efficiency," those rooming house -- apartments that you're going to have? Mr. Avino: No. That's a different typology. Commissioner Reyes: Okay. Well, you're going to -- Mr. Avino: It's -- we're not changing -- we're not -- Commissioner Reyes: You're creating dorms. Because in that one, you were talking -- I was -- you transported me to University of Florida, you see. Mr. Avino: No, but the University of Florida -- Commissioner Reyes: (UNINTELLIGIBLE). City ofMiami Page 199 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Avino: -- dorms have bathrooms at the end of the hall, where everybody shares and has -- Commissioner Reyes: No, no, no, no. Mr. Avino: --10 to 12 -- Commissioner Reyes: But they were apartments. Mr. Avino: -- units, where everybody -- Commissioner Reyes: You went to University of Florida? Mr. Avino: I did not. Commissioner Reyes: I went to the university. There were buildings like Lamancha; that this is not a new concept; that it started in Copenhagen or anything. I mean, when I was at the University of Florida, there was an apartment building that I know it was called Lamancha, and there were all the apartment buildings that they had -- I mean, (UNINTELLIGIBLE) Towers and all of that. They had rooms that they have their own bathroom, you see? But they have a common kitchen, you see? I mean, you are not reinventing the wheel here, okay? Now -- but what I'm saying is, you have -- those -- there's a good mix of efficiencies. How big are those efficiencies? Mr. Avino: The efficiencies will follow the same standards that the City has currently. We're not changing any of the -- Commissioner Reyes: Wait a minute. Square feet? Mr. Avino: -- minimum units. I think an efficiency has a minimum requirement of 420 square feet, if I'm not mistaken. Commissioner Reyes: 420 square feet. How much -- Mr. Avino: The Planning Director -- Commissioner Reyes: -- you're going to charge for -- Mr. Avino: -- can probably confirm that. Commissioner Reyes: --those efficiencies? Mr. Avino: I'd have to ask my client to address -- Jeff Weinstein: I think --first to address the comment about the dorms, I think that the -- fair enough. Vice Chair Gort: I'm sorry; who you are? Commissioner Reyes: I mean -- Mr. Weinstein: But I think -- Chair Russell: Your name, please? Mr. Weinstein: I'm sorry. Jeff Weinstein -- City ofMiami Page 200 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Yes, yes. Mr. Weinstein: --from Miami Produce, LLC We -- you know, we -- I think that what we've done is we've looked all over the world and across the country and in dense urban areas, especially for younger people. These are actually quite attractive living concepts. They come with outdoor amenities, zones for people to meet, live, work together. So I think that we're looking not to do this all over the project. There are major publicly traded companies that are managing these facilities. These are not dorms. They each have their own, as you said, individual bathroom, but I think that the key is that it's a different way for people to communicate, it's a different way for people to meet, and it's also -- and from an affordability perspective -- Commissioner Reyes: Okay. Mr. Weinstein: -- because of the shared facilities -- Commissioner Reyes: Don't call it "dorms. " Mr. Weinstein: -- it's a lesser cost. Commissioner Reyes: Just instead of calling them dorms, you cannot call them rooming houses, because they're not a house, but you can call it a rooming apartment. Mr. Weinstein: Well, we're calling -- Commissioner Reyes: That's what it is. Mr. Weinstein: --it co -living. Commissioner Reyes: Oh, you can -- oh, well, that's a very fancy name. Very good. Okay? Mr. Avino: Well -- and that's the (UNINTELLIGIBLE). Commissioner Reyes: But I just -- Mr. Weinstein: And I think -- Commissioner Reyes: -- want to know -- I just -- Mr. Weinstein: -- that this is something that's happening in every city in America, and it's being really embraced, and we've got -- Commissioner Reyes: Yes, but we have to also understand that -- and I'm not putting down your project. I love the project, but I just -- Mr. Weinstein: Thank you. Commissioner Reyes: -- want to know how much you're going to charge and all of that, because I want to know -- I mean, if it is -- I mean, if -- Mr. Weinstein: Well, market -- Commissioner Reyes: -- it is affordable to people. I'm not -- not in a sense that it is affordable housing, but -- I mean, if you are within range. City of Miami Page 201 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Weinstein: Well, the key is that because of the shared amenities -- Commissioner Reyes: Yes. Mr. Weinstein: -- you're essentially sharing a cost between, for example, four people that would usually be borne on one. So, for example, on a 500 -square -foot studio, the entire cost of a kitchen gets borne onto the one renter; whereas, in a 7 or 800 - square foot four bedroom, where they're sharing the common area, that cost that I'm putting out into the unit is getting shared between four different renters. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Weinstein: So to answer the question, I can't (UNINTELLIGIBLE) to exact rents right now. Commissioner Reyes: You cannot say it. Mr. Weinstein: No, but -- Commissioner Reyes: You're saying here -- Commissioner Hardemon: If they -- can I interrupt for one second? If they're getting financing, they know how much rent they've estimated -- Commissioner Reyes: That's right. Commissioner Hardemon: -- because they're going to the bank and -- Commissioner Reyes: That's right. The number -- Commissioner Hardemon: -- saying, this is (UNINTELLIGIBLE). I hate when people come in and try to play this kind of game with me. Mr. Weinstein: Well, we're not playing -- Commissioner Hardemon: (UNINTELLIGIBLE) -- let me -- Mr. Weinstein: --games, Commissioner. Commissioner Hardemon: --finish. Mr. Weinstein: Right now we're paying -- Chair Russell: One at a time, one at a time. Vice Chair Gort: Right. Mr. Weinstein: Okay. Commissioner Hardemon: I used to live in an apartment that was similarly situated; a four bedroom, four bath, where we shared the living room, we shared the kitchen, and this was in Tallahassee in 2002-ish -- Commissioner Reyes: Yeah, you see. Commissioner Hardemon: -- around that time -- City of Miami Page 202 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: That's right. Commissioner Hardemon: -- and I think I probably paid $420 -something for new space. Commissioner Reyes: Right. You paid a lot. Commissioner Hardemon: But -- Commissioner Reyes: It was less than that. Commissioner Hardemon: -- times four is like $1,600. So when you think about the cost of one actual unit, they made good money from -- Commissioner Reyes: Yeah, they make -- Commissioner Hardemon: -- (UNINTELLIGIBLE). Commissioner Reyes: -- additional money. Commissioner Hardemon: But you're right, it is -- I don't think it was in Copenhagen. Commissioner Reyes: You see -- Chair Russell: I apologize, gentlemen. If we could just speak one at a time, so the Clerk can keep track of the minutes. Commissioner Reyes: Oh, okay. I'm sorry. I thought -- Chair Russell: We're kind of talking over each other a little bit. Commissioner Reyes: -- that we were talking at a bar, you know. Chair Russell: I know; we are, but it's hard for them to keep track, so just one at a time, please. Thank you. Commissioner Reyes: You know, you're saying here that the average rent is going to be $3 per square foot, okay? And if it is -- let's say, if it is 418 square feet, it is going to be $1,254 for 400 -- if that is the average. Mr. Weinstein: Well, that's also a (UNINTELLIGIBLE) rent, so we're assuming -- Commissioner Reyes: That's right. Mr. Weinstein: -- that the project comes online in about five years, so we pegged it at about $2.50 to start off in today's dollars. Commissioner Reyes: You're going to start around 2.50, okay. And, you know, I don't want to digress, but I -- when I call it a rooming house, it's because it's -- I was -- well, I wasn't expelled. I was asked not to come back from Miami High. I went to New York. I was 17 years old. And I lived, until I got married, in rooming houses, you see. I lived in -- we would share -- it was a communal bathroom, communal -- you have these amenities, but you have a communal -- I mean, everyone has a (UNINTELLIGIBLE). But I want to make one thing perfectly clear, you see, and I'm not impressed when everybody comes here and they claim that this works in New York. Everybody's using this in New York. Well, let me tell you, New York is a City of Miami Page 203 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 different animal. Chicago is a different animal. We lived in both of them, you see. And in New York, you can have -- you can live anyplace, and you can just walk out and get in the subway or bus, and go wherever you want. As a matter of fact, to own a car in Manhattan is a hassle, you see; you don't want it. But Miami is different, you see. When you're comparing Copenhagen, you're comparing Miami and Europe and -- I mean, (UNINTELLIGIBLE). And for example, people wants to make Miami a pedestrian and cyclist city that you're going to go -- get up in the morning and you're going to go from Allapattah to downtown in a bicycle. Well, that is, if not raining. But when you get there to your work, you will have to take a shower, you see, because you're going to stink like hell. So those comparison doesn't impress me, you see. And it -- because it works in other cities in the United States, we have to look at the conditions and the characteristics of the City when we're going to do a project, and that's what I'm doing here. That's why I'm concerned about parking, you see. That's why I'm concerned about parking. That's why I'm concerned and asking about the -- how much you're going to charge, because I wantyou to succeed, you see? And I want this project to come into Allapattah, and I want this project like this for Allapattah and I want it for my neighborhood also, to a certain extent. But I want you guys to succeed, and I want Miami to have areas like this. Now you're saying --you're talking about school. What kind of school you're going to have? Mr. Weinstein: So we're in discussions with several different trade -based schools. Commissioner Reyes: Trade -based. Mr. Weinstein: And I think that this may address one of your questions, which is that we're not comparing this to New York, but where we think that this co -living -- to give it the fancier term -- it does -- Commissioner Reyes: I love it. I love it. Mr. Weinstein: -- apply would be the students, who are living above -- Commissioner Reyes: That's (UNINTELLIGIBLE) -- Mr. Weinstein: -- who would be living above the schools. And just to be clear, this is something we've been working with the Planning Department with to give ourselves the leeway to build this, should we think it's market appropriate, because just like you, I'd like to succeed, as well. We don't want to borrow a lot of money from the bank and -- Commissioner Reyes: But now I have -- Mr. Weinstein: -- (UNINTELLIGIBLE). Commissioner Reyes: --a question for the Planning Department. Another fear that I have is that if we allow this co -living units -- instead of calling it (UNINTELLIGIBLE) -- what will preclude that from a house -- I have one across my street from my home that they become a rooming house, and that's illegal, you see? Mr. Garcia: Its -- Commissioner Reyes: And that is a big concern, because now we have the example that we are allowing the building units; that they're going to be divided into four or five; people are going to be live there, different rooms. That's fine. But what will that -- that is legal, right? Well, how -- if I have a house, and I want to subdivide it, like many people do, you see, and I rent each one of those rooms, you see, it's a City of Miami Page 204 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 difference there, and we have to have measures that we cannot -- that cannot spill into the single-family homes. Francisco Garcia (Director, Planning): It's a fair question and a fair concern, Commissioner, especially in light of the history Miami has had with rooming houses Commissioner Reyes: Oh, yes. Mr. Garcia: -- and how detrimental they have been. And so, the way I can give you the most comfort, I think, is to defend the fact that co -living in this project is being introduced as a new concept, because it is a new design for a new typology that Miami doesn't have today. And so, when we were presented with it, we certainly interacted with the applicant, with the developer, with the design team to ensure, first, that it is available as a typology, as a dwelling typology, exclusively for this project. So this is not available anywhere else in Miami -- Commissioner Reyes: Okay. Mr. Garcia: -- because this will be the proof of concept. We do agree that there is a market for this. We do agree that this is the right place for it, especially in close proximity to the Health District We do think that it will be a great benefit, and we think it'll work. And when it works, then we will figure out where else it might work. Commissioner Reyes: Well, it doesn't work -- Mr. Garcia: Maybe nowhere else. Commissioner Reyes: -- there; you start -- you still can convert the apartments into sin -- I mean, one or two rooms or four rooms. But my concern is that a person in one of my neighborhoods, they -- any place -- they said, "Okay. I have this house, and I'm not going to call it rooming houses; it's co -living, " you see? Just like them. And they -- I don't know if they can make a good argument that if it is allowed there, why it's not allowed here? You see? Mr. Garcia: So what they would do at that point in time, Commissioner, is they would potentially apply for a Certificate of Use, which we could not process, because they're not eligible for it. So again, the two assurances are there's a difference in design -- Commissioner Reyes: You know that everybody sue us for whatever? Mr. Garcia: Right. No, but rest assured that this is a proper planning vehicle to accomplish this. And also rest assured that this is not available anywhere else in Miami. If it works here, we'll explore it; otherwise, it won't be. Commissioner Reyes: Okay. Well, this is first reading anyways, but I will have to have more information, and I would like -- strongly recommend that you have more parking spaces, because I don't want -- I mean, a thousand parking spaces, 1,100. You see, we are making a big mistake, and I think that big mistakes have been made by our leniency, and if you make -- we give you more density, then the parking requirement, it is taken -- I mean, we --you don't have parking (UNINTELLIGIBLE). And you know what's happening? People are parking in front of other people's houses. That's what have happened, you see? We have that problem here. People are parking in other people's houses. I mean, you build a hundred units, and you only need one and a half. Who has apartment -- a two-bedroom apartment that -- or three bedrooms -- I mean, two-bedroom apartment? A couple and a child. When City of Miami Page 205 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 that child is 16, the first thing that he's going to ask is for the keys of the car. This is Miami. It is Miami. You See? We will have to come back to reality. This is Miami. You see? It is not Europe. It is not northern cities. We have our own characteristics. You see? And that's why this is something that I would like to recon -- for you guys to reconsider, and bring some numbers, how much you're going to charge for that, you see. I'm willing to vote. I know it's a new project. Chair Russell: Thank you, Commissioner. Commissioner Reyes: You see? But bring back some -- on the second reading, bring back some specifics, you see, some specific answers to my questions, because if I -- the way that I have been using your number of the square feet, you know, the 625 -square -feet apartment will be $1,875, and then you have two-bedroom apartments, and you don't -- which is we -- 1,518. That will be $4,554. Nobody in Allapattah can afford that, you see? And I don't think that none of those students that you're going to get there, they're going to afford that. Okay? So bring some real numbers and some -- and -- I mean, I'm using your number -- numbers that I have here. I have this, you see. I have this. (UNINTELLIGIBLE). Chair Russell: Commissioner, is there other discussion? Commissioner Reyes: And lastly, when you talk about median income, please use City of Miami median income, not the County, which is $51,800. Median income is - - I mean, if you're going to go 140, up to 140 of the median income, that is close to seven -- that's $70,000, you see? Because that is -- I mean, you are not in a -- don't even -- you're way above the median, okay, and people in the City of Miami, they don't make that much money. Chair Russell: Thank you, Commissioner. Is there further discussion? For my part, I'm very impressed by the urbanist concepts here. I -- this could fit in any part of our City, and be perfectly in place to see such investment coming to Allapattah; it could be transformative, so I congratulate the Commissioner and appreciate the investment in the area. Vice Chair Gort: If I may, I think it's very important that we understand that the Health District is changing completely. You have -- Jackson is building two more buildings, where they're going to be hiring more doctors, more nurses that are going to be coming in the area. The Miami Dade College is also building additional buildings to expand their nursing school, another school. The Health District is really becoming alive. A lot of the -- University of Miami is going to be expanding, also. They're already expanding through the third phase. Commissioner Reyes: Yes. They're going to have a lot of (UNINTELLIGIBLE). Vice Chair Gort: So you're bringing people with certain income coming into the area, which is important. As it was stated before by the -- I mean, I don't think there's anybody here that's built more affordable housing with non -for-profit than myself, but I've seen the impact when you have all the neighborhood just with affordable housing that buy -in power of the individual goes down, and so does the business in the area; they're not being supported. Commissioner Reyes: And I can add to that. Being Jackson, the way that they are, that they're becoming -- I mean, they are a facility -- the hotel, it is -- I really agree with that hotel there, because you have people that will come for treatment in Jackson; they can stay there because they are, I mean, real close to it, you see? But I'm still concerned aboutparking. City ofMiami Page 206 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you. So I -- just to finish my point, though, I'm completely supportive on first reading; that's why I'm glad to second the motion, but I will let you know my concerns for second reading. At the end of the day, despite all of the -- everything we see here that we like to see in development -- concepts and urbanist ideas, and the City moving forward, and plenty of green space -- we're not in this current iteration seeing a proffer that we would see in any other up -zoning or SAP of this magnitude in terms of robust jobs, good paying jobs, labor jobs. I'd like to see you come back with a labor piece, as many deals have come in -- to this point. And then the affordability concept. At the end of the day, you have purchased industrial land, and what you're leaving this City Hall with is not that. Commissioner Reyes: Nope. Chair Russell: Certainly, the numbers are in there. Someone has to convince me of another reason why affordability is not necessary in its truest form, because I would say, until the area gentrifies to where market rate is what you could demand in other parts, the workforce housing you're offering may actually be above the market rate of that area for units of those sizes. So I really believe you could go deeper in affordability, and would welcome those conversations on second reading. Beyond that, I'm very happy to see the investment in the area in a transformative project, so glad to support, and even the waiver of the size for the SAP. Commissioner Reyes: Amen. Vice Chair Gort: Also, I'd like to see the additional agreement that you have made with some of the people in the area, some -- and we'll be discussing that. Chair Russell: Thank you very much. Any further comments from the dais? Vice Chair Gort: No. Chair Russell: All in favor -- Commissioner Reyes: Congratulations to the (UNINTELLIGIBLE). Chair Russell: All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. First reading. Unidentified Speaker: Thankyou. Chair Russell: Thank you very much. City ofMiami Page 207 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 PZ.18 ORDINANCE First Reading 5526 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"), BY REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 8.25 ACRES (359,661 SQUARE FEET) FOR THE "MIAMI PRODUCE SPECIAL AREA PLAN" ("SAP") LOCATED AT APPROXIMATELY 2140 NORTHWEST 12 AVENUE, 1243 NORTHWEST 21 STREET, AND 1215 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY'); THE SAP CONSISTS OF A PHASED PROJECT WHICH INCLUDES APPROXIMATELY 1,200 RESIDENTIAL DWELLING UNITS, 227 LODGING UNITS, 230,886 SQUARE FEET OF OFFICE SPACE, 96,976 SQUARE FEET OF COMMERCIAL SPACE, 54,171 SQUARE FEET OF EDUCATIONAL USES, AND 1,078 PARKING SPACES; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 1,237 RESIDENTIAL DWELLING UNITS, SHALL NOT EXCEED 2,877,288 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO, SHALL CONTAIN A MINIMUM OF 35,966 SQUARE FEET OF OPEN SPACE, AND SHALL CONTAIN A MINIMUM OF 17,983 SQUARE FEET OF CIVIC SPACE; THE SAP WILL MODIFY THE 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; FURTHER BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY FROM "D2," INDUSTRIAL DISTRICT TRANSECT ZONE, TO 76-12-0," URBAN CORE — OPEN TRANSECT ZONE, AS FURTHER DESCRIBED IN THE REGULATING PLAN AND CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.I8, please see "Public Comment Period for Planning & Zoning Item(s), " and Item PZ. 17. City ofMiarni Page 208 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 PZ.19 ORDINANCE First Reading 5527 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, APPROVING A DEVELOPMENT AGREEMENT Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI PRODUCE CENTER, LLC ("APPLICANT") AND THE CITY OF MIAMI ("CITY") TO GOVERN THE MIAMI PRODUCE SPECIAL AREA PLAN ("SAP" OR "MIAMI PRODUCE SAP") COMPRISED OF APPROXIMATELY 8.25 ACRES (359,661 SQUARE FEET) OF PROPERTY LOCATED AT APPROXIMATELY 2140 NW 12 AVENUE, 1243 NW 21 STREET, AND 1215 NW 21 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, AND ANY OTHER USES AUTHORIZED BY THE MIAMI PRODUCE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF A PHASED PROJECT WHICH INCLUDES APPROXIMATELY 1,237 RESIDENTIAL DWELLING UNITS, 227 LODGING UNITS, APPROXIMATELY 230,886 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 128,971 SQUARE FEET OF COMMERCIAL SPACE, APPROXIMATELY 54,171 SQUARE FEET OF EDUCATIONAL USES, AND 1,094 PARKING SPACES; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 1,237 RESIDENTIAL DWELLING UNITS, SHALL NOT EXCEED 2,877,288 SQUARE FEET OF TOTAL DEVELOPMENT FLOOR LOT RATIO, SHALL CONTAIN A MINIMUM OF 35,966 SQUARE FEET OF OPEN SPACE, AND SHALL CONTAIN A MINIMUM OF 17,983 SQUARE FEET OF CIVIC SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.19, please see "Public Comment Period for Planning & Zoning Item(s), " and Item PZ. 17. City ofMiarni Page 209 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 PZ.20 ORDINANCE First Reading 5310 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 1.2, TITLED OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED - INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES, INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME, AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3 TRANSECT ZONE BY PROCESS OF EXCEPTION, WITH CITY COMMISSION APPROVAL; TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Reyes, Hardemon ABSENT: Gort, Carollo Note for the Record. Item PZ.20 was continued to the April 25, 2019 Planning and Zoning Commission Meeting. For additional minutes referencing Item PZ.20, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: PZ.20, the zoning text for attainable mixed income. Can we move through that one pretty quickly? Victoria Mendez (City Attorney): PZ.20. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Is there a motion? Commissioner Reyes: Before I make -- a motion is made, can I clarify a couple of things here? Chair Russell: Of course. Commissioner Reyes. Commissioner Reyes: Francisco, this is specifically for Smathers, right? City of Miami Page 210 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 Francisco Garcia (Director, Planning): No, sir. It would affect the proposed Smathers proposal, Phase II of the Smathers Plaza Development, but it -- there are also approximately redundant calculations, pursuant to your request, and there are approximately 1,500 units pending application if this -- Commissioner Reyes: Okay. Mr. Garcia: -- ordinance should be approved. Commissioner Reyes: But I don't want to open here (UNINTELLIGIBLE) that everybody that has some land next to the T3 is that they said, "Okay, based on this, we are" -- "they're abutting, " then they're going to start developing -- the magnitude that is going to be developed here, so I want to place some restrictions, and that restriction have to be either there's -- they have additional land, whatever. I don't know what restrictions are. Chair Russell: I believe we have an exception process (UNINTELLIGIBLE). Commissioner Reyes: Exceptions. Mr. Garcia: There is, but in addition to that, the issue is that the parcel of land that is the subject of the application should be of a size that allows it to appropriately buffer the development proposed from the T3 abutting land. Commissioner Reyes: Can you -- Mr. Garcia: And I think that is a reasonable request. Commissioner Reyes: -- define "appropriate buffer"? Because "appropriate" is, I mean, subject to interpretation. Mr. Garcia: Of course. Commissioner Reyes: You can interpret -- "appropriate" could be five feet or could be a hundred, or could be 200. Mr. Garcia: Right. And so, we also are concerned about unintended consequences, and what I would suggest -- Commissioner Reyes: Yes. Mr. Garcia: -- is that between first and second reading, we would bring back to you language that -- Commissioner Reyes: Okay. Mr. Garcia: -- accomplishes exactly that intent. Commissioner Reyes: Okay. And also, what I'm seeing here -- and I've been reading, and not only on this request, but in others. They all said 140 [sic] percent - - up to 100 percent of median income in -- area median income. Based on what median income? Is that -- if it is the area in that -- where this is going to be applied in this particular case, it's going to be less than $30,000, and 40 percent of that will be -- 12 -- 35,000 -- $47, 000, more or less. On the other hand, if we use the County, it's going to be $72, 000, so that is not affordable to me. City of Miami Page 211 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Garcia: Correct. And so, to address that point, two answers to your question. Answer number one is, as you're aware -- and we've certainly committed that we would bring back to you an overall citywide adjustment of those area median incomes, and that is an item -- Commissioner Reyes: Okay. Mr. Garcia: -- that's coming to you soon that will address that, but this particular proposal pertains to the Attainable Housing Program. Commissioner Reyes: Yes, I know. I do understand I know it. I know it very clearly. It is in my district. Chair Russell: It is what? Commissioner Reyes: It is in my district. This is Smathers, right? Mr. Garcia: Well, no. Smathers is one instance of such a program, but the program itself provides that 40 percent of the units have to be provided at 60 percent or below of area median income. And so -- Commissioner Reyes: Now -- Mr. Garcia: -- it is that sort of lower end affordable housing that we are particularly interested in promoting. Commissioner Reyes: Are the developers here? Chair Russell: I mean, there are many, many developers interested -- Mr. Garcia: Right. Chair Russell: --in this (UNINTELLIGIBLE). Commissioner Reyes: No, no. The ones --particularly, the one in Smather [sic]. Chair Russell: Oh. Commissioner Reyes: I mean, because this is going to affect Smather [sic]. Can you please come here? I have a couple of questions for you, you see. You're going to use this in those two towers that are going be -- that are being refurbished, right? Andrew Velo Arias: Sure. So just -- Andrew Velo, with Related Urban. So in the Smathers site, the proposed development would have to avail itself of this zoning amendment. Commissioner Reyes: Okay. But are you going to apply this 140 percent median income? Because if you're going to do that, you're going to leave out a bunch of elders that are -- they are receiving 400, 500, $600, and they were residents of those towers, you see, so they won't be able to come back. And another thing, this is due to a joint venture that you're doing with the County, right? Mr. Velo Arias: Correct. Commissioner Reyes: That's right. You're doing this joint venture with the County. And you did the other building that --you built that other building. City of Miami Page 212 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Velo Arias: Correct. Commissioner Reyes: Okay. Mr. Velo Arias: And to clam the two existing towers that we're rehabbing, those will be -- all the existing residents will remain on the site, so no existing residents will be displaced. Commissioner Reyes: (UNINTELLIGIBLE) future --I mean, I don't want anybody to die, but they are elders, and some of them, they are going to leave us. Mr. Velo Arias: Yes. Commissioner Reyes: And who is going to occupy that apartment that comes? I mean, you are going to still keep the same type of rent that -- as the previous tenant, or you are going to use, you know, the market, and then you will be raising it up? Mr. Velo Arias: So -- Commissioner Reyes: Because I want to know that, because it is important. Now that I have you here, I have to tell you, I have -- receiving a lot of complaints of rent increases, you see, on the new building that you built there, you see. I mean, every year there is an increase in rent and -- which is substantial for a person that is living with a fixed income of $800. I mean, when you increase $80, or something like that, that is substantial. It's a substantial increase, you see. And I don't know what deal you got with the County, but the thing is, I am -- we in different businesses, you see. I'm in business of protecting those people, you see. And I want to make sure that what you're doing, you see, you're not hurting those elders that are living on a fixed income, and that the services that they receive are first-class. For example, now -- where they're living now in the new building, there is no signal, cellular signal. They have to pay cable and pay $105, those that want to pay to use cable. I mean, that is not -- in my opinion, in my opinion, that is not low-income senior citizens housing; that is not, that is not. So I respectfully request that you and your -- the company that you work for, and all of that, to take into consideration that you are doing -- you're remodeling those, and you're going to make money, which is the difference between you administering and you -- and the County, you see, or the government doing it. But you're going to make money, but please, be considerate of those, because if not, I promise you, I will not do -- I mean, I will oppose any joint venture with the City of Miami. Chair Russell: Thank you, Commissioner. Commissioner Reyes: Okay? Chair Russell: Is there a motion on PZ.20? No? Commissioner Reyes: I move it. Chair Russell: I'll -- moved by Commissioner Reyes; seconded by the Chairman. Todd B. Hannon (City Clerk): And, Chair, sorry. Just for the record -- Chair Russell: Yes. Mr. Hannon: -- Mayor Suarez would like to co-sponsor PZ.20. Chair Russell: PZ.20, co-sponsorship by the Mayor. Thank you very much. City of Miami Page 213 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: From the very beginning, I've always been -- I'll say this: I think we know that in Miami -Dade County -- you can have a seat; it's not for you. You know that in Miami -Dade County that there is an affordable housing crisis, and Miami -Dade County's answer to that, for the most part, has been to build more rental units; and those rental units, the affordability is tied to the area median income, which we know, in Miami -Dade County, is changing. It will continue to change. In the City of Miami, especially, it's going to change, because of more desirable investments in our communities that make the will to live in these neighborhoods that are closer to urban core, it make that will greater and greater and greater. And so, my issue -- you know, I -- for the most part -- for the vast majority of my life, or even adulthood, I've been living in District 5. And District 5 is one of those places where a lot of things are happen [sic]. I mean, you have Wynwood, you have the Design District, you have lots of spaces that are becoming areas that people really want to experience. However, we've also been the place where the County has seen it necessary to put, since the early 1930s, public housing, and other -- and in the City of Miami, I'm sure, other housing that is considered to be -- that creates affordability. In the City of Miami, we know that at, for instance, Liberty Square, there's going to be a massive redevelopment of that space, and I think Related is a part of that deal. And that redevelopment of the space is supposed to bring in more units to that area, so that it creates more density in a space that, today, does not have that same sort of density. When -- you know, when I'm on 62nd Street, and I'm going west of I-95, I explained to someone before, I can't think of a -- If I asked everyone here to close their eyes and think about their neighborhood, and think about all the places that they can go to have a glass of wine and enjoy a nice dinner, to buy a newspaper or a book, to read it, to walk from that space to another space, and be able to buy a "cafecita -- cafesito, " a coffee -- Chair Russell: (UNINTELLIGIBLE). Commissioner Hardemon: -- whatever it's -- I don't drink coffee, so -- Chair Russell: "Cortadito. " Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Hardemon: The point to you is that what's missing from areas like this is not high-density housing; it's business. It's the ability for someone to have an experience like they have in other neighborhoods, where they can spend a dollar and not beg for one. There's a big difference between, you know, you putting a --even if it's a 501(c) (3) organization, you're putting a -- you're telling me -- For instance, we have -- in Liberty City, we don't have a space where people can get their dogs neutered, and they can buy dog treats, and things of that nature. I mean, if you've ever grown up in Liberty City, I mean, we treat our dogs a little bit different than the way they treat them in Pinecrest. And so, they say, "Okay, we're going to build you a $33 million or so, a spade and neutering clinic, and we're going to give you all free services. " You know, I contend that we don't need any more (expletive). I contend that we need to be able to, in those neighborhoods, support a business; buy a dog collar, buy treats, spend money so that someone in that neighborhood can hire someone from that neighborhood, and not necessarily have all the jobs be provided by the government, because of a grant, because the neighborhood is poor. The more we continue to build more and more and more and more high-density spaces or units in an area that has a history like that, the more undesirable it'll be for people to want to move into that neighborhood. So the people who move into the neighborhood are City of Miami Page 214 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 going to be people who meet that definition that we've described for as long as that definition is applicable, who are not going to be homeowners, who are not going to eventually raise their kids there, because they're going to be moved out, because that's the nature of rental properties. Now, I would admit to you that there are people that I know of, personally, that have been renting in certain spaces for 25 years, and they could have, you know, bought the property. It's very short-sighted of them. I don't think it's going -- Miami's not going to be a place like that in the future, because everywhere is going to have spaces that people want to live. No one's going -- I don't foresee the future of Miami as a place where you will intentionally have ghettos. It's just -- it's not going to happen anymore. Right now, the City of Miami is being asked to solve the issues of regional transportation by making it easier for people to come from the suburbs in their big house to the City of Miami in our relatively smaller houses. They want us to pay for it. Why should we? Right? The cost of housing is expensive in the City of Miami as it is already. And people who -- traditionally, who say, "You know what? I'm willing to live here. " I heard a woman earlier on the record. She said, when she bought her home near the Design District, the housing was going for about $50,000 a house. My grandmother probably bought hers for like 26,000. And then she said the --I can't remember the exact amount of the new housing of the area, the price it goes for now, but I think it was at least 500, 000. What I would like to see in areas that I represent is more homeownership. I think it's a popularist thing to just say, I'm building affordable housing," and it be rentals. I think you're -- I really believe that, in the time -- one, we know that the rentals are going to become more expensive over time, and then people won't -- they won't have any ownership stake in that neighborhood, and then eventually, say, that those units do become tran -- they do become -- they come from apartments, say, in 25 years to now, condos where people can actually afford to -- well, the people can buy into it. Who's going to buy into it? And so, I think that in these neighborhoods, the more we continue to put this high, high density into these neighborhoods, it's going to make those neighborhoods less and less attractive for people to move into and actually own a home. Where you're talking, say, a community like Little Haiti that has 20 to 30 percent homeownership, where it could go down to 5, you know, owner -occupied, you know, spaces. But, you know, in other parts of our communities, there's a relatively low density. The -- and not just in the City of Miami, because we could talk about the City of Miami, but -- I mean, I -- it amazes me how people have the gall to say, "We need more affordable housing in our community, " but they live in Pinecrest, where they won't let any affordable housing come into -- you know, into their spaces. And so, in the County, in District 3; in the City, in District 5, you know, I don't want to be burdened with land that is relatively inexpensive for people to get, or they have connections, because they've been in the City for 25 years and they work for the City and they have the financial capacity to continue to win the RFPs and buy land that is relatively less expensive than any other place, and then say, "We're going to build 300 units of affordable housing, " and we're supposed to celebrate that, because all the poor people come and say, Yeah, yeah, we're going to get new housing. Its going to be cheap. " Like -- that's just -- to me, it's irresponsible. It's bad planning for these neighborhoods. So my problem is that when I see the zoning text, I mean, the attainable mixed income, and I see 100 percent density bonuses, that to me, that's my neighborhood. I know it's going to be my neighborhood. I know it's going to be, you know, Commissioner Reyes's neighborhood. I know -- certain neighborhoods, they're going to bear the brunt of this. And my worry about a blanket zoning attainable mixed income -- this sort of thing will open the flood gates to the degradation of these neighborhoods. I know already, it's already hard enough dealing with the short-term vacation rentals in these areas. It's hard enough already dealing with people who want to illegally dump. It's hard enough already dealing with people who bring violence into the neighborhood. It's already hard enough when the affordability to maintain a home is dijficult. But then, imagine when more units are built in those spaces that have more people that are coming to those spaces, and they don't care for the City of Miami Page 215 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 neighborhood the way that if we had built some single-family homes or multifamily homes in the area and had homeownership, the -- if we don't do that, then no one's going to treat these neighborhoods like they're actual neighborhoods. No one's going to say, "Oh, my goodness. Have you seen the tree canopy in District 5?" You know, we should save the tree canopy. No one reports the fact that someone's cutting down a tree in District 5, compared to, if you did it in your district, "Oh, my goodness. You've committed murder. " Chair Russell: 911. Commissioner Hardemon: Right. And these are val -- I mean, this -- but this happens over time, because these are values that need to be taught. These are -- that was appreciation for the property and the property values. You know, it's -- I can't -- I personally can't support this the way that it is, because I feel like it is going to have an impact on the way that my district is going to be perceived. I already -- I have -- I guarantee you, I have probably the most homeless shelters in the City of Miami. I guarantee you that we probably have the most vacant property -- commercial property, most vacant lots. I guarantee you that we probably have some of the worst -condition housing. I guarantee you that we probably have some -- the most uneducated of neighborhoods, because of the lack of infrastructure, lack of investment, the lack of this, lack of that; goes on and on and on. And so, to me, this does not make it any better for my district, for who I represent. It certainly creates more affordable housing, and that's a wonderful thing to do, but, you know, I'm -- I will support more rental units in certain spaces, at certain times. I will continue to say that. I will do that. However, I would love to see more -- Chair Russell: Ownership. Commissioner Hardemon: -- homeownership in areas that I represent, because homeownership is going to be the key for my neighborhood to truly become something that people want to continue to live in. I think that with all the changes that are happening all over the City of Miami, someone's going to look up and say, "Man, living in Liberty City may be a good thing, because of climate change, because of single-family dwellings, because of the lack of major high-rises, because of X, Y, and Z. It's going to go on and on and on, but, you know -- because everybody doesn't want to live in Wynwood, where all the action is going on; not the residential area; just above. Everyone doesn't want to live downtown, and everybody doesn't want to live with -- amongst people who have a lot more means than them. Some people, you know, prefer to live in neighborhoods where people are similarly situated. And so, I just want to be able to give people that option, and I think we do that through homeownership and not through -- in giving -- If I want to change the zoning, if I want to increase density, let me do it for homeownership, not for rentals. That's my thought. Chair Russell: Commissioner, thank you, because it's a bit of a gut check, and I have to be honest. Bypassing this today, I would have been proud of us, and put it out there, and patted ourselves on the back, because that's been our habit, as we've been evolving more and more into affordable housing, but we're not doing it enough, and we're not doing everything we need to do. And there's certainly enough -- not enough of the conversation turns to ownership; and I guarantee you, even what FIU (Florida International University) is working on is going to be majority rental. Commissioner Hardemon: I guarantee it. Commissioner Reyes: Yes, it is. Commissioner Hardemon: Absolutely. City of Miami Page 216 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Yes, it is. Chair Russell: But that's where we've been, as well. Commissioner Reyes: Yes, yes, yes. Chair Russell: That's what we've been pushing for, as well. But the thing is we have to do it all -- Commissioner Reyes: Yes. Chair Russell: -- because we do need rental, we do need ownership, we do need improvements of currently -owned units -- Commissioner Reyes: Absolutely. Rehabs. Chair Russell: -- we do need to buy land, we do need to work on projects. What my -- what -- the -- I'd say the first iteration of the attainable housing ordinance, I think, was one passed in Coconut Grove. It was a developer who had purchased eight lots. He was a new mid-level developer; didn't really -- you know, he bought -- they were duplexes, and he was going to do high-end duplexes in the middle of West Coconut Grove. It was right on US 1. And it took two years of negotiating with the community, because, as of right, he was going to displace, and he was going to gentrify. We said, "What if we could give him an alternative plan that would keep him financially whole but would not only replicate the affordable units that were there at the same rate, but multiply them?" And then we hit -- ran into the T3 issue, because it was right in the T3-0. So we created a T4 buffer for him, because he had bought a row of four and a row of four across the street, and then it was more T3. So it went from T3 -- we gave him T4 right there, and then I can't remember if we gave him T5, plus the attainable housing ordinance above that. So we had to create the buffer from the T3, where we might have been able to do it through the exception process here. But it was only acceptable because it was on US 1. The neighborhood would have never let them get away with it in the middle of the single-family residents, but the end product was good; could have been better, and I think some of these changes do make it better, but we are not talking enough about ownership. I just hope we don't -- not do the rental side that we do need to do, as well. Whatever protections we need to do for the vulnerable neighborhoods, we need to make sure we do it, rather than creating a run on those neighborhoods. But I do want to have the tool in some way. I don't know if there's further work we could do on it or further protections we can make, but I'd love to -- because we already have the attainable housing ordinance. These are tweaks and changes to it. It's -- that double density is already there in our Code, right? Commissioner Reyes: Mr. Chair? Chair Russell: And I'm sorry; Commissioner Reyes did want to speak before -- Commissioner Reyes: That's right. Chair Russell: -- me, and I cut him off, and then Francisco. Commissioner Reyes: I just found out -- and I'm very concerned about this, and I'm going to tell you why. Sir, I'm not picking on you, okay? I'm not picking on you, but you are the ones that -- you are working on Smather [sic], right? Smather [sic] is a seniors -- I mean, low-income senior residents, right? But by voting in favor of this, you can make Smather [sic] mixed income. "Mixed income" means that those seniors that live there, even that -- you by promising them that you're going to bring City of Miami Page 217 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 them back, but as soon as one of them is no longer with us, then that -- those housing are -- could be converted on market value. So, you know, on a clear conscience, I cannot vote in favor of this, and I'm going to withdraw my motion, you see? Because let me tell you, unless I get -- not a commitment -- a covenant that they're going to be only senior residents that have certain income that they are -- be occupying those -- Mr. Velo Arias: Yeah. Commissioner Reyes -- Commissioner Reyes: Because this is going to stop being a public housing. This is going to stop, because now you are the ones that are going to be renting it. Mr. Velo Arias: -- ifI could clarify. Commissioner Reyes: Yes, sir. Mr. Velo Arias: So there are currently 133 units of elderly affordable housing in the new development that we built a couple years ago; of that, 82 are public housing units, and the other remaining balance are elderly tax credit units. We have covenants in place for all of those units, given the funding programs that are there and given the HUD (Department of Housing and Urban Development) regulations that govern that. So those units will remain, for the foreseeable future -- for, you know, 30 plus years -- elderly affordable housing. And the same would hold true for the 182 units in the two existing towers that are there. So that's 315 units of elderly affordable housing. Commissioner Reyes: But all the units in the tower are going to be low income for elderlies? Mr. Velo Arias: Correct. Commissioner Reyes: And how 'bout the increases, rent increases, yearly rent increases? How are you going to manage that? Mr. Velo Arias: So the tax credit program goes off of -- as you know, the area median income increases as they fluctuate over time, and some years -- Commissioner Reyes: As it fluctuates. Who fluctuates, the cost -- Mr. Velo Arias: The -- Commissioner Reyes: -- of living, or what? Because the increases that they have been experiencing is much more than the cost of living, because -- Mr. Velo Arias: Yeah. Commissioner Reyes: -- I mean, inflation has been two point something, and they are receiving their -- they're paying -- they have increases of 80, $90, $100. Mr. Velo Arias: Yeah. Commissioner Reyes: I mean, that is much more. Mr. Velo Arias: Yeah. Commissioner Reyes: Much more, you see. So -- Commissioner Hardemon: It increases immediately when new people move in. City ofMiami Page 218 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Huh? Commissioner Hardemon: New people are going to move in that are going to make more than what those seniors are making right there -- in there. Commissioner Reyes: That's right. That's right. Commissioner Hardemon: And so, the area median income increases just from there, because -- Commissioner Reyes: That's right. And -- I mean, Social Security is increasing by an amount which is much lower than the cost of living index, you see. Now, they're receiving probably I percent increase, and they -- Listen, we have a duty, we have a responsibility with our elders, and particularly those people that work so hard at the time that salaries were so low that now they are receiving just -- I mean, check that is only 5, 600, $800, and they didn't save, because they didn't have 401(k), you see. I mean, they couldn't save, because they were barely making ends meet. We have a responsibility with those people. Mr. Velo Arias: Yeah. Commissioner Reyes: You see. And that's why I'm so concerned about what's going to happen with those units that you are remodeling now. And by doing this, I'm opening up the flood gate that you can -- when they leave the department [sic], either by -- because they are deceased or because they -- I mean, they go to a home or hospice, that somebody -- since it's mixed income, nobody's stopping you from charging more for whoever is coming there. Mr. Velo Arias: Well, in the existing developments, those 315 units, we would -- you know, if someone vacates a unit, it would be replaced with another elderly household that has the income levels that match -- Commissioner Reyes: I want -- Mr. Velo Arias: -- that unit. So the -- Commissioner Reyes: -- to see what you are -- I mean, how much you're going to be charging; and a plan and a covenant, how you're going to increase, and the service - - the -- I mean, rent is going to be increased, and how are you going to charge -- or how much you're going to charge for services that they are receiving, because they are paying more for cable. Those new units, they're paying more for cable than I am, you see. Chair Russell: So there's a specific issue I think that you, as the applicant, with this Commissioner, need to work out some issues. I was satisfied with this legislation as it is, but hearing this, I think we can make it better. I don't believe the will is here on this Commission at this time to pass it as it is, but I'm wondering if it would be appropriate to give direction to the Planning Department to come back with a version that prioritizes ownership within that density that gives -- that you get less for rental and more for ownership in terms of the additional density and FLR (floor/lot ratio) that's offered, so that we are prioritizing the behavior -- or incentivizing the behavior that we want to prioritize. Commissioner Gort. Vice Chair Gort: It all depends on the financing; who's going to provide the funding for the --for these resources. According to the funding, there's certain regulations have to be followed, and there's certain criteria they have to follow. I've had the experience of -- they did some projects in my district, and the same people that lived City ofMiami Page 219 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 there moved back in, and they're very happy with the changes that are taking place. Now, the restriction -- if you really want to make it affordable, affordable, you will have tax credit. If you don't have tax credit, there's no way anyone is going to do it. Commissioner Reyes: Yeah. Vice Chair Gort: So in order to -- and the tax credit will get you a lot of restrictions, and then you have to maintain the availability forever. So they're subject to a restriction on the funding. So they have to go by that. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Mr. Chairman, you know -- Vice Chair Gort: And by the way, I do agree; I think homeownership is the best thing that can happen. Commissioner Reyes: I agree with the idea of ownership. Remember that I had always been saying -- Commissioner Hardemon: Yes. Commissioner Reyes: -- I -- 100 percent behind you. Commissioner Hardemon: The -- Mr. Chairman, I would say that the deal that you just spoke about in the Grove, I think -- when I watched you navigate through that, I didn't know how you were going to come out, because it was a -- it appeared to be, from the outside looking in, a difficult ask to have, but you made that happen; and so, I will commend you for that. And the thing about that particular deal, no, it was not homeownership necessarily, but what you -- part of what you did was say, because the Grove was having this issue where they were building these, essentially, million -dollar homes, splitting lots in a sense of creating -- well, I guess they wouldn't be splitting lots, but taking what was previously a single-family home and making it duplex -- right? -- or these large buildings. So I understood what the issue was there. But you attacked the problems specifically with that certain site, and my fear with this is that it doesn't really give us the ability to look at sites individually. It kind of bombards us with legislation that could make it difficult to defend the things happening there. You know, I remember very specifically when I first graduated from Florida A&M (Agricultural and Mechanical), and I was coming down. I was 20 -- I don't know -- 22 years old, maybe. I had earned my MBA, and I was coming back to Miami to work for Pfizer Pharmaceuticals. And I was driving around, and I would look at these high-rises. I would -- I was travel -- I still wanted to live within the area that I grew up in, so I remember traveling on 79th Street, and there was this -- developments that were built there. I remember traveling in North Miami, and they had nice develop -- I was just -- any time I saw a nice apartment - looking complex, I would stop there. And eventually, what was the common theme was that I made too much money to live there. They were all these units that were built for affordability. And as a single man, making the money that I was making at that time, I was basically told that I did not qualify to live there. They were nice places. And so, all the other places that I would try to go to, they were not as nice, and these were market -rate places. And so, I'm like, "Well, I don't want to live here. " I mean, I look up online; they say they have this issue, they have that issue; you know, all these different things. And so, what I came to understand is that, okay, in all these major thoroughfares -- there were all these affordable housing complexes that were built that did not allow someone who grew up in a neighborhood to move back into the neighborhood to basically invest in the neighborhood, no matter what. If I wanted to -- you know, if I wanted to buy coffee City of Miami Page 220 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 or a meal, or whatever it was, I had the income to support that neighborhood. They mandated that you had to make much less than I did in order to live there. So, eventually, what I saw, I saw in a bigger picture, and I don't know if this is the first time that you all will hear something like this, but I'm going to say it. It made me feel like -- as I understood, all of these places had covenants for affordability for a certain amount of time, say 25 to 50 years. I think they averaged around 25 to 30 years. So this was 2007. So I'm saying, in 25 years from now, the way I -- where I grew up, you had poor people that rented, you had poor people that lived in public housing, but you also had poor people that owned their homes, people who bought their homes and just -- you know, they made enough to get by. They couldn't make major renovations on their properties, et cetera, which is why that bond issuance was important to me, because now that gives them an opportunity to. But essentially, what I saw was this: I said, in 25 years, all the poor people that lived in houses that couldn't afford to renovate their houses -- this was long before becoming a Commissioner, right? -- they're going to sell their homes to people who have better means. So people with better means are going to move into those homes. And the people that owned the homes that were poor will move into the apartments, because they had cheap rents. But what will happen is, over that time in 25 years, the rents will become more expensive, so they will be moved out. And then, eventually, those apartment complexes that are really built much like luxury spaces, because they're all the same structure, except the amenities may be different or the improvements; the actual, you know, tiling, wood, all those things that are in a unit may be different. But essentially, those units, when the neighborhoods become better -- because now everyone who has good -- has the means to live in a house, they all live in a house. They made improvements on their house; now the neighborhood looks better, and the only thing that is left for poor people are the apartment complexes, but then after those 25 years of affordability go -- if -- for instance, if an organization like -- was just speaking before us, if they have the opportunity to make more money, they're going to make more money. And so, essentially, then you make -- you sell the units as condos, and now poor people, or people of lower means still can't afford to buy into that. So now, basically, you took a neighborhood that was centrally located, that was affordable to people; that the people living in a homes, that were moved out of homes (UNINTELLIGIBLE) apartment complexes, because this is the next best thing to do, and now they're in the apartment complexes, and then they're moved out of there, and then they sell those as condos, and now the whole neighborhood is for people who have a lot of money. You either live in a condo and have a lot of money or you live in a home. But if you can't have homeownership early when it's affordable, you'll never have the homeownership. And so, I know it kind of seems a little -- it seems like it's one of those -- like, "That could never happen, " but I really believe that it could. And the way that we're going about doing things by creating more of these units that are only going to be affordable for a certain amount of time, without helping people who actually own homes today, or continue to help people buy homes today, it'll never be affordable. At the end of the day, if -- when families start -- there are families in Miami that say, `I've been living here" -- "my family has been here for 100 years"; family that's saying, `A4y family's been here since 1955, " or something. So if I live another 30 years, you know -- look how long that is -- and I pass my house down to my daughter and my daughter lives there, and then she passes it down to her daughter and she lives there. So you could have these long family trees and -- that are all rooted in homeownership, where people have an opportunity to pull themselves out of poverty, because they have the ability to take an asset and have the value of it grow, and then take advantage of it. And as long as people are going to rent, they'll never have that chance, and the rents are going to continue to go up, and there's nothing that you could do about it, but some sort of a rent control measure. Chair Russell: Mr. Mensah or Francisco, can you help us understand if there is -- I under -- because this legislation has the ability to create many new units, and Tin City of Miami Page 221 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 sure it's something that you've been working on. Canyon tell us how we can address ownership, even if it's not already there? George Mensah: George Mensah, Director of Commun -- Housing and Community Development; takes some time before I get used to that. I just want you to know that, first of all, most of the tax credit projects have 50 year affordability. In addition, the tax credit projects also have a program that most of them have for their tenants, which is -- I was just asking Related if they have that. They don't have that, but what they do have is that they have a homeownership training program as part of their program. So if you stay in the tax credit project, you go through homeownership counseling, and then some of it -- part of the rent that you pay, you're able to use it as a down payment when you move out of that property. Chair Russell: That's in this legislation? Mr. Mensah: That's in -- no, no, no. I'm talking about the incentives. Commissioner Hardemon: Incentives. Mr. Mensah: Just in general. Unidentified Speaker: As a program. Commissioner Hardemon: Mr. Mensah? Chair Russell: Right. Mr. Mensah: In general, as a program. Chair Russell: But I'm worried about this legislation. Mr. Mensah: And I've known people who have used that to be able to buy into a house. So I'm just saying that that is the -- In addition, as you know, one of the things that I just told -- told to the Zoning Administrator is that when it comes to homeownership, sometimes you need a little more income than this, and I think at 140 percent might be at point where people can be able to do ownership rather than just rent; and therefore, maybe if the legislation is changed in such a way that will be neutral and not just rental, then it allows someone to be able to do a small condo project that will provide homeownership to that particular distinct neighborhood. Now, we -- as you know, the City, in Housing and Community Development, we are also embarking on homeownership programs. We have a new food program that we're currently running. We have one that -- working with Purchasing Department so we can get contractors to start on it. And typically, what we do is that we build the houses ourselves. If there is any -- if a home buyer doesn't have enough money to go into it, we take the mortgage, we own the mortgage so that they can be able to pay whatever their income can afford. And so, those programs are out there. And we're always doing it to make sure that people can -- Commissioner Hardemon: Right. Mr. Mensah: -- be able to afford their homes. Commissioner Hardemon: And Mr. Chairman, I want to ensure that we emphasize those programs, because having -- you know, I -- So theoretically, what I'm saying to you is that I would rather have 100 new homeownership homes than 400 new rentals -- right? -- because the rents are going to continue to go up, people are going to still be moved out of those places that they -- rental units are transit in nature. City of Miami Page 222 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Growing up where I've grown up, and then going to college and seeing that -- okay, when I was in college, I moved from one space to the next space to the next space to the next space. Then I came to Miami, and I moved from one space to the next space to the next space. The place I rented for -- I used to live in D2, downtown Miami, and at the time, it was called the Renaissance on the Bay? Renaissance on the Bay. I think it's called now Vizcayne, or something like that. But I lived in that building. It was 244 Building, right? The unit that I had at the time is very expensive to live in today. That's what happens with rent. And so, you know, when I think about areas, I think about what happened at James E Scott Housing Projects, right? That's where I was living when I was born, and -- I mean, how many people can you really say that lived there that own homes as a result of the raises -- of them -- moving them out of that -- of their community? How many people that were living there before actually own a home, especially in that space? And they have some nice homes over there. The way they developed it, they didn't go too large, they didn't -- they have some two- to three-story units. They have some single-family units. I mean, it's just very low -scale -- it's a nice thing, but they're full of people who didn't live there before. And so, you know, that kind of stuff just really gives me real pause, because we have to be serious about providing homeownership opportunities for people that live in these areas. I don't think that people -- there are many spaces [sic] in the City of Miami that they don't have problems with homeownership. There are many places in Miami -Dade County they don't have problems with homeownership. Chair Russell: Francisco. Commissioner Hardemon: They will always have homeownership. But this, to me, is going to -- it's going to pour salt on a wound that we already have. Chair Russell: Director Garcia. Mr. Garcia: Thank you. Briefly, I'd like to -- This is before you on first reading, and I'd like to do my very best to try to persuade you to at least give this consideration on first reading, for the following reasons: First, this is ownership - neutral, right? And so, the benefits provided by this ordinance, which are essentially already in place, except, this expands the eligible land in the City of Miami that could avail itself of these benefits. This would encourage adding units to development that is poised to take place now. And so, when I told you previously by way of introduction that there are upwards of 1,000 affordable units on the table right now, hanging on the balance, it is not the case that if this doesn't pass, then it'll be 500 units instead of 1,000 that are built. It'll be likely that none of those 1,000 - plus units are built, because they're, to some extent, relying on the incentives provided here to engage in that development activity. So there are units in the balance. And to the extent that we want to add to the affordable housing inventory in the City of Miami -- ownership -neutral, both rental and ownership -related -- this would be worth considering. Point two, you know full well, I think, that interest in developing affordable housing of any sort is somewhat limited. It's a bit of a specialty, and only certain outfits are actually willing to engage in the endeavor, in the first place. What we want to do through these ordinances is to actually make that proposal -- developing affordable housing -- palatable, attractive, compelling to a broader population of developers who are otherwise interested in doing it. Commissioner Hardemon: Affordable rental housing. Mr. Garcia: Well, for rental and for ownership. Now, I hear you loud and clear that we maybe have not done enough to focus and to incentivize homeownership programs, and we're certainly very happy to do that, but I would suggest to you, respectfully, that this moves us closer to the mark of getting more affordable housing units in the City of Miami as opposed to further away, so what I would ask you for is City of Miami Page 223 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 an opportunity between first and second reading to fine-tune this ordinance, and see if there is a way to provide further incentives for ownership, which is absolutely the goal, but not at the expense of taking these 1, 000 units off the market, because they are needed. Commissioner Reyes: I don't think that we're taking anything out of the market. The only thing that I'm concerned is that when you use the word "mixed income, " there is not a definition of "mixed income." There is not a definition -- there is not -- I mean, we don't have, let's say, the percentage of what is going to be mixed -- I mean, what is going to be low income and what percentage is going to be -- hold on a second, hold on a second. There is going to -- there is nothing clear. It is very vague, and it could be interpret as you please. And my main concern at this point, it is Smather [sic]. Now -- and also, what do you mean by "mixed income?" What is the maximum and the minimum that you're going to charge? What percentage is going to be low income? What percentage is going to be owner -- homeownership? I like homeownership, because I've been an advocate of home ownership since day one that I've been here. But also, I am very concerned about the seniors that, how are we going to house them, you see? Because, you know, let me tell you something. I know that you've been through a lot, and -- but I'm going to tell you what I found on anybody that have gone on campaigning and knocked on doors, you see. As all of you know, I ran seven times, and seven times I walk my district. Seven times I walk my district. And I can tell you that what I've seen, where our elders are living, you see, we should feel ashamed of ourself [sic], being part of a government that is allowing that, you see. Commissioner Hardemon: I mean, we could -- Commissioner Reyes: I have seen rooms full of rats. I have seen people that haven't eaten, waiting sometimes because of the children that are not worth being called children -- I mean, son or daughter. They have not been -- have bringing anything, you see. I know the need that we have for our elders and the need that we have for people that, right now, they are making less than the median income that you -- I mean, City of Miami median income, $51, 000, that is not right. Okay? So we have to define that, because what we have done, and what government does all the time, you leave it in a broad definition, and everybody -- I mean, if I'm building apartments -- or ifI'm building housing, I'm going to try to get as much -- because I don't blame them. I don't blame developers. That's their business, you see. I'm going to try to use as much as -- of units that I can rent the highest, and that is going to be my bread and butter. And then I'm going to just give a couple of whatever, you see, to just comply with the low income, and another misnomer, which is workforce, you see, workforce. And -- Chair Russell: Director -- Commissioner Reyes: -- I need all the definitions in order for me to have my conscience clear, and I want to know what's going to happen with the people in Smather [sic], and I don't want to lose those as seniors [sic] residents. I mean, that - - those buildings cannot become other than senior residents, and they should be priced according to their income. Chair Russell: Director Garcia. Mr. Garcia: So briefly, to address very specifically your points, because this is certainly not the first time you say it, and we certainly hear it when you say it, and other Commissioners say it, as well. I will point you -- and we've addressed this, I think, successfully in this ordinance, and I will point you to where we do. In Section 3.15.2, Subsection A, we make mention of the fact that 40 at least -- at least 40 City of Miami Page 224 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 percent of the dwelling units shall serve residents at below -- at or below 60 percent of AMI (area median income). Now, I think that is, by any definition, affordable. And what I would suggest to you -- and so, this is a minimum. And then, in addition to that -- if I may very briefly -- in addition to that, for instance, Smathers Plaza, for their Phase II, would have to come to you for a -- for an exception for your approval; at which point, discussing any covenant that you care to entertain would be entirely appropriate, and I am certain that Smathers Plaza intends to go above and beyond the minimum 40 percent. I'll say one last thing. 40 percent of 1,000 is 400. That's 400; 60 percent AMI or less, units that we could otherwise have, so I think it merits consideration. Commissioner Hardemon: Mr. Chairman? Chair Russell: Hardemon. Commissioner Reyes: What -- 60 -- Commissioner Hardemon: Let me go -- Commissioner Reyes: No, no. Just 60 -- I mean, 60 percent of MMI [sic] -- MAI [sic] -- Chair Russell: AML Commissioner Reyes: AMI -- whatever -- median income, okay? 60 percent of City is -- now it's close -- (UNINTELLIGIBLE). You're making over $20,000. There's another senior citizen, that it is a retiree that is making that much money. He's making about one third of that, you see. That's concern. That's concerning. There are a lot of people that are making $8 an hour, okay? You see, and $8 an hour time 2,000 and something, you're making 16 -- $18,000 a year, you see. I mean, it's very concerning. And we have to be very sure of what we're doing, because what we are doing -- "Oh, we are declaring" -- "We are trying to solve the problems of the poor people here in Miami, " but we're not. Mr. Garcia: And what we're doing, Commissioner, is simply to set forth a minimum, a -- that applies across the board. Now, clearly, Smathers Plaza, especially being the fact that it is a public project, should go far above and beyond, and that's something that we can discuss in terms of a covenant when they come to you for an exception. But to set the bar across the board for any and all developers that would otherwise not contemplate producing affordable housing, this is a fairly reasonable bar to set, is what we're suggesting to you. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: Mr. Chairman, thank you. The -- I want to kind of give you a visual of something. On 62nd Street and 7th Avenue, there's a affordable housing complex that's built there. It is -- I think they call it the Audrey Edmondson Affordable Housing whatever it's called. But there's -- at the bottom of it is supposed to be retail space. You know how many businesses are there? Zero. Commissioner Reyes: None. Commissioner Hardemon: On 54th Street, as you're going west, I think you'll -- you pass maybe between 10th and 12th Avenue or so, there's a -- it's between 10 and 12th -- there's another affordable housing multi -story complex that's built, just abutting single-family homes. You know how many businesses are at the bottom of that one? None. Continue going west on 12th Avenue -- is that 12th Avenue? That City of Miami Page 225 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 might be 17th Avenue. 17th Avenue, there is a housing development that's just -- I think 50 -- probably 53rd Street. There's another one going up on 54th Street, but on 53rd Street, a multifamily affordable housing complex. You know how many businesses on the bottom of that one? Zero. You keep going west, if you're in a transit -- high -transit area, this place abuts the tri -- the Metrorail? I think the Metrorail. This is a huge complex that was built by the County that is abutting single-family homes all in the area. You could literally look into back of multiple homes if you're in a rental apartment there. Huge space. You know how many businesses at the bottom of that one? Zero. Let's go to Overtown. We've built a number of different affordable housing buildings there. If you look just north of the Lyric Theater -- a beautiful complex there of rental housing -- there's a lot of space at the bottom of those. You know how many businesses are there? Zero. You go further north and west on 3rd Avenue to where the church -- the church helped us build -- or we helped them build some affordable housing there. They have units at the bottom of that thing. You know how many businesses are there? None. I can go on and on and on about all this affordable housing that are rental units that are built in our neighborhoods, and not one business comes out of it. When I compare it to -- there are places where there's housing that is affordable. For instance, I'm not a fan of the Solomon -- they call it the Solomon Yukon Building, for instance, in Overtown, but they have businesses at the bottom of their spaces. They're not affordable -- they're not our traditional affordable housing units, but there's a reason why they have businesses and other places don't. So my issue is that where I'm in a neighborhood where we need business investment -- and that's why we try to encourage through, for instance, the Liberty City Trust; hopefully, the Little Haiti Trust, things like this, to have investment in businesses so that people who live in these spaces can at least get a haircut. When you talk about the -- what people consider the easiest businesses to establish -- you know, a barbershop -- Commissioner Reyes: Beauty shop. Commissioner Hardemon: -- it's not there; you know, a breakfast restaurant, it's not there. It's just -- it's no services at all being provided. And so, my fear is that -- I don't want to see any more of this. It's just -- it's -- I don't want to vote against this measure, the way it is. If you want to ask for a continuance on this, I'm willing to do that, instead of just kind of doing this now and then saying, "Okay, let's vote it down. " I don't want to cause that, but I think this -- you really need a lot more conversation about this, and I'm just saying that as a --from a person who's lived in these communities for a very long time, where I'm realizing that no matter how many of these things are being built in these neighborhoods, it's not creating employment for anybody in that neighborhood but the people who, like Related, that own the buildings, or that create management associations that -- Commissioner Reyes: It's not creating wealth. Chair Russell: So -- Commissioner Hardemon: -- it just -- Chair Russell: Let's -- I -- Commissioner Reyes: It's not creating wealth like that. Chair Russell: --feel some direction here, and I appreciate that. And I -- what -- I really thank you for giving this a chance, and there's a reason that we are Commissioners for the City, but representing a single district. You know your district and you know your neighborhood, and each of our neighborhoods is in a different phase of our affordability need. You have -- I won't say a saturated City ofMiami Page 226 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 situation, but you're worried of an influx or an overdevelopment of density that's going to bring new residents in and not serve the residents that you have in your district. I, on the other hand, have areas of need where I've got -- I have -- we've done one building of affordability in the last, you know, 10 years, and I see the opportunity here in the right areas that the density is welcomed and it's okay, it's acceptable, and the market mix gives a boost to that developer to offset and go deeper into affordability. I love the ownership concept, but I see a lot of good here that I don't want to lose. I see a lot of good that you want to accomplish that I want to help you get there, too. I don't how we do this so that we protect what phase your neighborhood is in, but still incentivize the type of development we're trying to push in other parts of the City. I mean, right now, Allapattah is the hottest thing on this agenda right now. We got more development happening in Allapattah than I've seen since I've been in office. So each of our neighborhoods is going through something, and we need to protect those neighborhoods, and incentivize the behavior we know is best for those neighborhoods. Commissioner Hardemon: Let me tell you, if I could do anything in the City of Miami, if I were a City Commissioner in the County, if I were a County Commissioner in the State, if I were a senator in the Federal Government, if I were a representative of some sort, I wouldn't be complaining about a lot of different things. I would be trying to create a fund to allow neighborhoods like -- that have all -- like mine -- that have all these vacant lots, all these vacant sites, I would build commercial buildings. I would build commercial spaces -- Commissioner Reyes: Yeah. Commissioner Hardemon: -- that give people who are potential small business owners an opportunity to go into a building and establish a business. Our problem is that we don't have those spaces, you know. And then, the spaces that are created are geared more towards rental housing and not towards commercial development. Chair Russell: We need it all. Commissioner Reyes: And probably, some of those spaces, they are not -- I mean, they cannot be used for the businesses that are -- the one there. But I was the mover on this item. I am withdrawing my -- Chair Russell: You did. I know Commissioner Carollo was in favor of this, as well. I know Commissioner Higgins came and supported this, as well. Is there a willingness to see it through on first, at least, and work on it; or do we need to try and defer, or continue this item? Commissioner Reyes: I think that we should get the -- give Administration a directive to try to include all our concerns, and if still we have concerns, come back and meet with all of us, you see; come to my -- all of us, and we will try to address all the concerns that you have -- we have here. Mr. Garcia: I welcome the opportunity to have that conversation, sir. Thank you. Commissioner Reyes: Okay. Commissioner Hardemon: One last question. Is there a potential -- I imagine that there could be -- Commissioner Reyes: Yeah. I withdrew the motion -- Commissioner Hardemon: --for -- City of Miami Page 227 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: -- you see. Commissioner Hardemon: -- if a Commissioner of a certain district wanted to create more affordable rental units in his district; that something could be narrowly tailored so that it could apply to his district and not mine, for instance? Because I have a lot of affordable rental housing, and I -- in the City of Miami, and I would imagine that in the County, it's probably the same. There are areas where they have no worry about affordable housing units being built in their spaces. They have homeownership, or they have rentals at market rate, and everybody's happy. And then there are areas like mine, where we're inundated with a type of housing that isn't conducive to neighborhood building, and not just housing but other things; from homeless shelters to feeding centers to free give-away places. It's just, you know, one thing after the next that doesn't encourage people to actually -- to start to really take those areas serious as neighborhoods. Commissioner Reyes: I'm going to make the last -- my last comment. Mr. Russell, I agree with you; we all know our districts, and -- but we're all responsible for the City of Miami. We are City of Miami Commissioners, and I think we should work together to help each other and the needs of their district. We should look after every single neighborhood and do whatever it takes to help those neighborhoods, regardless what district you've been elected. I mean, this is not little fiefdom. We are City of Miami Commissioners, and you should -- we should act like that, and work together towards the betterment of all the neighborhoods. Chair Russell: Thank you. Do we have a motion? Commissioner Reyes: For what? Chair Russell: For this item. We need direction. Commissioner Reyes: Oh. I mean, to -- you mean to --? Chair Russell: You've given direction, but we need to do something with this item. Commissioner Reyes: With this item? Chair Russell: Yes, so we can either defer or continue it. Commissioner Reyes: I will -- Chair Russell: Give them a chance to work on it. I really don't want to see it die. Chair Russell: I move to deferral indefinitely. Commissioner Hardemon: No, I'm not going to vote it down on you, but I'll be agreeable to a deferral or a continuance. Commissioner Reyes: Okay. Chair Russell: All right. To which date? Did you have a recommendation, Francisco? Commissioner Reyes: Until -- indefinitely until he wants to bring it -- until he's ready with all the answers. Chair Russell: How much time do you need, Francisco? City of Miami Page 228 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Garcia: We will -- I can assure you that we will be back -- seek to meet with each of you immediately, and hopefully, we'll be able to craft something that addresses your concerns. Chair Russell: One month? Commissioner Reyes: One month? Mr. Garcia: Please give its one month, yes. Chair Russell: Okay. Commissioner Reyes: Okay, one month. Mr. Garcia: Thank you. Chair Russell: There's been a motion. Commissioner Reyes: That motion, I made it. Chair Russell: And a second. Commissioner Hardemon: I'll second. Correct. Chair Russell: Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you. PZ.21 RESOLUTION 5543 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY GEOFFREY BASH Planning ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO A PROPERTY LOCATED APPROXIMATELY AT 452 NORTHEAST 39 STREET, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS THE WALTER FLANDERS HOUSE WITH THE FOLIO NUMBER 01-3219-011-0210. ENACTMENT NUMBER: R-19-0133 City of Miami Page 229 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33 (c)(7)(a), the City Commission Meeting was extended by unanimous agreement of the members of the City Commission present on the dais. For additional minutes referencing Item PZ.21, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Russell: All right, gentlemen. We're getting there, we're getting there; two items left. Thank you all for your patience. All right, 10 minutes to 10. PZ. 1, 2, and 3 under the wire. Do we need a moment, or are we ready? Unidentified Speaker: I'm ready. Unidentified Speaker: We're ready. Chair Russell: We're all good? Which one; the appeal? Commissioner Reyes: (UNINTELLIGIBLE). Unidentified Speaker: No. Chair Russell: Commissioner Hardemon, it's up to -- yes, the appellee, and I haven't seen the appellant for a while, but I'm sure he's around. Would you rather take that first? Commissioner Hardemon: Yes. Chair Russell: All right. PZ.21, please, if the appellee and appellant are still here. PZ.21. All parties here for PZ.21? Unidentified Speaker: Yes, sir. Chair Russell: And then we'll have one item after that. Thank you all for your patience. This is a quasi-judicial item, an appeal of a Historic Preservation Board decision. This is a de novo hearing, so I'd love to hear from staff first on the item to give us the background, bring us up to speed. Thank you. We'll then hear from the appellant and the appellee. Are we set? Mr. Adams or Director Garcia, could you help us set the table, please? Francisco Garcia (Director, Planning): Absolutely, sir. I'll defer to my colleague, Warren Adams, to make the introduction. Chair Russell: Ben, do you need that microphone right now, or can we --? Ben Fernandez: Oh, no. Chair Russell: If you need to set up, we could use the other one. City of Miami Page 230 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 Mr. Fernandez: That's fine. Thanks. Chair Russell: Hold one moment for quorum, please. Thank you very much. We have quorum. Mr. Adams, good evening. Warren Adams (Preservation Ojficer/Department of Planning & Zoning): I'm Warren Adams, Preservation Officer. Over about the past year, I had received a number of phone calls from the appellant regarding, in his opinion, what were a number of Code violations and what had been done without permits, and what was done without a Certificate of Appropriateness. I visited the site a number of times. And the main contentions that the board would deal with would be items, such as hedge heights, fence heights and work done without COAs (Certificates of Appropriateness), and the inclusion of razor wire on the property. So we decided to take the -- we decided to get the property owner to make an application to the Historic Preservation Board. The Historic District design guidelines provide recommendations on hedge heights and fence heights for historic districts. Chair Russell: Just a moment, Warren, so I can --just so I can make sure I'm on the same page with you. Mr. Adams: Yeah. Chair Russell: So there were a number of violations that led to the application for -- Mr. Adams: Yes. Chair Russell: Okay. Mr. Adams: Yes. Chair Russell: So it's not that the property owner was looking to make an improvement or a change, and sought an application -- Mr. Adams: Correct. Chair Russell: --for a special -- Mr. Adams: Apparently, improvements -- Chair Russell: -- certificate? Mr. Adams: -- had been made at some point in the past, which Certificates of Appropriateness had not been applied for. So to try and rectify -- Normally, if a property has Code violations, we would not accept a Certificate of Appropriateness application to go to the board. However, in this particular case, the decision of the board was going to help rectify the Code violations. So in circumstances where the decision of the board actually helps to recti the violations, we will take it to the Historic Preservation Board. Chair Russell: So I've read the decision of the HEP (Historic Environmental Preservation) Board, but what I couldn't find was the exact application for the special -- the Certificate of Appropriateness. What was being sought in the first place; just compliance or --? Mr. Adams: Yes, just compliance. Basically, the application was for alterations to a property, and the main items -- the main things which had been done, which the City of Miami Page 231 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 board would review, were effectively the heights of the hedges and the fences, and what may have been done without a permit. The Historic District Design Guidelines provide recommendations for fence heights in historic districts, but they're not specific to individually designated historic properties. As you know, individually designated historic properties was a wide variety, from small homes up to properties the size of Vizcaya, so it's recognized that the board can have some discretion in what is appropriate for the individually designated property. In fact, the guidelines actually see the HEP has the authority to make exceptions to these guidelines when there are unique circumstances associated with the property. And in my recommendations, I tried to be as flexible as possible, and I recommended approval of the maximum hedge heights, which were included in the Historic District Design Guidelines, which were effectively five feet at the front of the property and eight feet at the other sides of the property. The Historic Preservation Board, however, agreed that the existing current heights of the fences were appropriate for that type of property. So ultimately, their decision was that the applicant should obtain all required permits and address any outstanding Code violations. The hedge in the north property line shall be maintained at the height of seven feet, until such time as, if ever, as the seven foot gate is removed, and shall not be allowed to spread outwards towards the sidewalk. The hedges in the east property line should be maintained at 14 feet, and on the west property line, they should be maintained at 9.5 feet. They also made the condition that the applicant will prepare, with professional assistance, a written Hedge Maintenance Program. The property owner also had to undertake regular inspections of the property, behind the creeping fig on the property, to make sure there was no damage being caused to the property, and all barbed wire and concertina, or razor wire, shall be removed. So the board took into consideration the historic character of the property and the surroundings and the existing guidelines, and tried to recommend something which was appropriate in all cases for the historic property. Out of the conditions, the property owner has met almost all of the conditions. There are only two outstanding. One is that they have to obtain all required permits, and address any outstanding violations, which obviously, they couldn't do until they had been to the board. And the other one was they're required to apply for a waiver from Miami 21 as it applies to gate and height limitations in order to allow the existing gates to remain, because the existing gates and fences are above the height of what the guidelines actually allow the property owners to do. Chair Russell: Thank you. And did the HEP Board line up with all of your recommendations, or did they go above and beyond? Mr. Adams: The HEP Board went beyond my recommendations. My recommendations were the most the guidelines would allow from the most -- area along the highest fence heights. However, the board went beyond that to allow the property owner to retain the current fences that she has. I think, also, earlier you had -- someone was saying there's a chain link metal fence at the front of the property; these are prohibited on historic properties. However, we do have a survey from 1987, I think it is, that shows the chain-link fence there. The property was designated in 1988 with the chain-link fence there, and the current owner purchased the property with the chain-link fence there. So when we designate a property, we do not force owners to make changes. If the owner comes in in the future to change the front fence, she would not be allowed to put a chain-link fence back, but as far as we can tell, that fence has been therefor a significant number of years. Chair Russell: And the chain-link fence is not visible; it's behind the bench. Todd B. Hannon (City Clerk): Excuse me. Chair? Chair Russell: Am I correct? City of Miami Page 232 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. Adams: The -- Mr. Hannon: Chair, I do -- Chair Russell: I haven't an announcement. Mr. Hannon: I do apologize. Chair Russell: I have an announcement from the Clerk's Office; this is very important. Mr. Hannon: Commissioners, the time is now 10 p.m. Miami City Code Section 2- 33 states -- Commissioner Reyes: Okay, it's over. Mr. Hannon: -- the City Commission meeting shall adjourn at the conclusion of deliberation of the agenda item being considered at 10 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present. With this in mind, at the conclusion of deliberation of Item PZ.21, the City Commissioners present on the dais must unanimously agree to extend the duration of the City Commission meeting, or the meeting shall adjourn. Thank you, Chair. Commissioner Reyes: Okay. Chair Russell: Thank you very much -- Commissioner Reyes: That reminds me of -- Chair Russell: --for the announcement. Commissioner Reyes: -- `It's 11 o'clock. Do you know where your childrens [sic] are? " Chair Russell: Do you know where your Commissioners are? Commissioner Reyes: All of those that are of age. Chair Russell: Thank you. So Warren, the chain-link fence is actually masked by the hedge, though; is that not correct? Mr. Adams: The chain link was masked by the hedge, but with regard to the Hedge Maintenance Program, one of the appellant's complaints was that the hedge was going out over the sidewalk, so the hedge has been cut back, so the chain-link fence is possibly more visible now than it was previously. Chair Russell: Thank you. And my final question for you, as a general rule -- now, I notice this house has a northern frontage -- Mr. Adams: Yes. Chair Russell: -- on the main street there. There's a street that runs along the side. I don't know if you'd consider that an alley or a full road. What is the requirement of a historic property on that side facing? Mr. Adams: With regard to -- within this particular zoning district, TR -4, there is no limit on hedge heights, so the hedges appear to be okay. With regard to fence City ofMiami Page 233 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 heights, I believe the maximum I could approve with the Historic District Design Guidelines was eight feet, and with the post being eight feet, eight inches, I think it is. So that would be the maximum that I could recommend approval for. Chair Russell: But that's for a historic district, you said. Mr. Adams: That's for a district, yes. Chair Russell: But this is not in a district. Mr. Adams: This is not a district, which is one of the reasons I took it to the board. We have something like five different recommendations for historic districts. Chair Russell: Yes. Mr. Adams: So what one do you apply to an individual property? It's difficult to tell. So what I did was I went with the most flexible of the highest heights that were in the guidelines, but the board are free to make their own determination, if they believe it is appropriate for the architectural style and setting of the property. Chair Russell: As a general rule, do we require the owner of a historic home to leave that home visible to the street if --? Because this house, obviously, has a lot of lush foliage, and probably did throughout its history. Do they need to cut that back and make the house visible, or does it need to just be within the character of what it was? Mr. Adams: Well, there's a couple of things here; again, another reason that I actually took it to the board, because the guidelines aren't actually clear. The guidelines say, the installations offences, walls, and gates that are at the front of a property line shall not exceed allowed heights within each district, and shall provide transparency into the facgade of the property. It specifically says, fences, walls, and gates. It does not mention trees, hedges, foliage. And the other issue we had was that the front of the property is covered with creeping fig. Chair Russell: Yeah. Mr. Adams: It's a form of ivy. So technically, does that mean the front of the property is obscured? So again, we felt it would be better to take this to the board to allow them to make a determination on the guidelines, which are a bit unclear for individually designated properties. Chair Russell: Thank you, Warren. Does anyone have any questions for staff before we move to the appellant? No? In that case, is there anything else you'd like to --? Mr. Adams: The only other thing I would like to point out is that the actual Designation Report, which was written at the time, the Designation Report notes that the site is overgrown with vegetation, so that's actually mentioned in the Designation Report. Chair Russell: Thank you very much. Mr. Adams: Thank you. Chair Russell: Hello. City ofMiami Page 234 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Matthew McConnell: Good evening, Chair, Commission. Matthew McConnell, Dickman Law Firm, on behalf of the appellant, Jeffrey Bash, 448 Northeast 39th Street, Miami, Florida 33137. Chair Russell: Thank you. How much time do you need for your presentation? Mr. McConnell: I was hoping to have 15 minutes and reserve 5 for rebuttal, unless - - I know it's been a long night; I can take 10, but I just need some rebuttal time, please. Chair Russell: Okay. If you can do 10, with 5 minutes for rebuttal, and I'll give the same 10 minutes to the appellee, as well. Thank you. Mr. McConnell: Okay. So I passed out kind of a binder that I put together, which I'm going to go through tab -wise. I know it's been a long night, so I'll try to take my time, but -- Initially, this was in Code Enforcement based on violations. You can see from Tab 2 that there are open violations currently on the property from the applicant. The moment Code Enforcement realized this was a historic resource, they just kind of punted it to the HEP Board. The issue that my client has is the fact that not all the violations are going to be cured with this Certificate for [sic] Appropriateness, so there's still going to be open violations, even if you do determine the hedge and fence problem. And I'll get into those violations a little bit later. Chair Russell: Are those violations relevant to our decision tonight? Mr. McConnell: They are, because they're open violations. So I guess clarification I may need from City Attorney is at the HEP meeting, the Assistant Attorney -- I believe it was Mr. Suarez -- stated to the HEP Board that "Unless all the violations are going to be cured, a certificate is not appropriate, and the HEP Board does not have jurisdiction to hear the matter. " He ultimately said, "It should not be here. " He said, If there's going to be open violations, then those need to be addressed before the certificate is issued. " So I don't -- I couldn't find that in the Code, but that's what he said, which -- Chair Russell: Who stated that? I'm sorry. Mr. McConnell: I believe it was Assistant City Attorney Raf -- Chair Russell: Rafael -Suarez Rivas. Mr. McConnell: Yes. He was the one that -- Victoria Mendez (City Attorney): All right. I will follow up with him, if that's in -- exactly what he stated on the record. However, I will tell you that the prohibitions that normally are for permitting is usually from Miami 21. And coming before this board to ask for special permissions, I don't know necessarily know that it applies to Certificates of Appropriateness, but I'll get back to you, but just keep on with your presentation. Mr. McConnell: Okay. Chair Russell: But if -- it's not exactly permitting, is it? It's Code -- Mr. McConnell: No. Chair Russell: --violations remedy? City of Miami Page 235 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. McConnell: Its Code violations, absolutely. Chair Russell: Does that need to come before a HEP Board certificate? Ms. Mendez: Right. So normally, that happens when they're coming before you for an exception for -- Chair Russell: Can you pause the time, please, while we're just asking questions? Thank you. Ms. Mendez: Normally, it happens when it comes before you for a special permit, an exception; those types of things. That's when it's not supposed to be here, if it has a Code enforcement violation. Chair Russell: So -- Ms. Mendez: I don't think that the same holds true for an application going before HEP, but I'll get back to you on that. Chair Russell: My -- the reason I ask is, before the appellant gets into the Code violations, I need to understand if that's relevant to our decision on an appeal of a HEP Board decision not related to the Code violations. How do --? Mr. McConnell: If I may just clam my position real quick, Chair, if you don't mind? My whole position is it should not have been at the HEP Board. The Code Enforcement should have addressed the violations, which they did. They should have been taken care of. And then, whatever was left that was historic related, such as height and fence, would then have gone to the HEP Board. But to go to the HEP Board with other open violations that are not going to be addressed by the certificate is inappropriate, and I would object to for the record. Chair Russell: Thank you. Ms. Mendez: Okay. So I still have to get back to you on that, so just -- Chair Russell: Right. Ms. Mendez: --keep on with your presentation. Chair Russell: We'll let the presentations continue. It would be -- it might -- Commissioner Hardemon: I have a quick question. Is this one of the violations, this gap in the fencing? Mr. McConnell: Yeah. You're way ahead of me, but yeah. Commissioner Hardemon: I know this is like Tab 14. Mr. McConnell: The chain-link fence is definitely an issue. Commissioner Hardemon: Okay. Chair Russell: So -- and I just -- we'll get that clarification, but I -- it's my hunch that the two worlds are separate. Code violations are going to be dealt with by Code, and what can be dealt with by HEP Board shall have been dealt with by HEP Board. And if they've gone beyond their scope, that's where we step in. City of Miami Page 236 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. McConnell: And that's my point, is Code Enforcement should have addressed -- that's the proper avenue and jurisdiction to address the violations; they didn't address it, because once they determined there was a historic resource, they punted it to the HEP Board, and the HEP Board doesn't have jurisdiction to handle the violations. Chair Russell: Well, if the Code Department doesn't know whether or not that chain link is allowed, they may be hesitant to opine on whether or not it's a violation. Mr. McConnell: No, I understand that. Chair Russell: Whereby, historic, it could be a violation, and so Code says it's -- you know, it's one step above them in that sense, but there's other cases where -- Mr. McConnell: But there's three open violations; only one of them is a chain link. Chair Russell: Got it. So I'll let you continue completely with all of the information while the City Attorney does research with Rafael. Mr. McConnell: Okay, perfect. Thank you, City Attorney. So moving on, this is a historic -designated property. It's the Walter Flanders house. He was the developer of the district, Magnolia Park, in which this property resides. Speaking on what Commissioner Hardemon said earlier about neighborhoods, I feel like this is the pinnacle of the neighborhood. It was the developer's house. He built it a certain way, and it was designated a certain way. And as you know with historic resources, these are things that need to be readily available to the public. I mean, you're marketing them on your website; people can go. They're an attraction for the public, and they're supposed to be for the general welfare of the public. So moving on to the staff report, which is under Tab 7, Mr. Warren just kind of expressed the fact that he wanted to abide by the guidelines. Now, there's some confusion as to whether or not the guidelines apply to an individually designated property. And if you don't mind turning to Tab 9, I put the cover page of the guidelines there, and the first sentence literally says, "Design guidelines are to be utilized by all structures that are individually designated within the City of Miami or located within a designated historical district. " So that makes it as clear as day that these don't just apply to properties in districts, but rather apply to properties, individual districts or whatever else is historic -- is a historic resource. So if you don't mind flipping a few pages to Section 4.2, which is -- speaks on fence, walls, and gates. There's two problems here. This is a corner lot, and as you can see from that box that says, "Corner Lot Properties, " there's a north side, but there's two fagades on a corner lot, right? So she would either have to pick the east or the west to be her second facade. So although the HEP Board's recommending seven foot at the front, which we object to -- because we believe that Warren was right in issuing five -- to say that she's allowed eight on both sides is inaccurate, because she's a corner property, which means she has two facades, which means that the front and either the east and west would have to be the same height, because they're both facades. Commissioner Hardemon: Ask a question -- Mr. McConnell: Yeah. Commissioner Hardemon: -- in regard to that? You said a corner property has two facades. Mr. McConnell: Correct. City ofMiami Page 237 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: What if, on the -- if I'm looking at it -- if you have a corner property, and the front fagade is the front of the house. Mr. McConnell: Correct. Commissioner Hardemon: So that's -- Mr. McConnell: That's one facade. Commissioner Hardemon: --child number one. Chair Russell: Primary. Commissioner Hardemon: But on the side, there is no -- I mean, you clearly own the side of the house, even from -- if looking at the house, it is -- the side of the house is not another way you get in from that second, what you would call, facgade area; because even though it's abutting a street, you're looking at the side of a house. Would you still count that as a fagade in -- (UNINTELLIGIBLE) this? Mr. McConnell: Well, based on the guidelines, yes. I mean, personally, I think a corner property has three facades, and the guidelines say that they only have two, because I think it's accounting for what you're discussing right now, which is one of them is going to be legitimately the side of the house; but one of them, when you're coming up from a road, you're going to see -- you could think is the front; even though the walkway may be on the north side, you could -- you know, you kind of want to make sure that half of your property is visible, because remember, this is all for the public. I mean, the public -- Miami is one of those historic designated areas. You have all these different districts, and people come here to see these houses, these hundred -year-old houses with these beautiful windows and beautiful vegetation, beautiful roofs. And in Magnolia Park, this was literally the developer's house. So this is -- people have bought their property there to be near this house. And as we move on, you'll see the visibility and everything is just -- Chair Russell: To be a corner, you've got to be on two streets. What are the two streets that this house fronts? Mr. McConnell: She abuts -- and I can -- actually, if you don't mind, I will turn you to 13B in your -- So this is the plat. It's a zoomed -in version of the plat, right? Her property is Lot Number 20. As you can see, there is a drive that abuts her east side, and then on the west side, that's a street. Okay? Ben Fernandez: I'm sorry; I have to object to this. It's not a drive. The plat clearly shows it's an alley. Chair Russell: You'll have rebuttal time. Mr. McConnell: Well, I'm sorry; you have the plat in front of -- Chair Russell: Please. Mr. McConnell: I'm showing them the plat. I didn't make this up. Chair Russell: I'm looking at the plat. Mr. McConnell: Yes. Chair Russell: I see an unnamed alley on the west side. I say -- City ofMiami Page 238 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. McConnell: Which is -- okay, I wrote -- Chair Russell: But it's not named in our plat book, correct? So -- Mr. McConnell: It's not named in the plat that's recorded, correct. Chair Russell: And on the east side, it says, "10 foot drive. " Mr. McConnell: Correct. Chair Russell: So it could be considered like a driveway. Mr. McConnell: Okay. So as you see from this label -- correct, it could be. But it says, "Walk, drive, " and then none of the streets are labeled. Right? Or none of the -- you can just call them alleys, if you'd like. Chair Russell: Yeah. Mr. McConnell: So if you turn to the next page under that -- right, right -- not even the next tab; just the next page. I've zoomed in to the actual plat language, which states that It is understand" -- "understood that in filing this plat or record that the street or driveways" -- which, as you know from what you just saw, are not marked on the plat -- "are not dedicated in any way to the public, but for the use and benefit of the holders of the lot shown on said plat. " So I want to make that clear, that none of these are public roads -- or alleys. These are all private, dedicated to Magnolia Park. On top of that, it says, "Provided, however, that the walks and drives as shown in this plat between Lots 'B,' 'C,' 'D,''E,'20, and 21 " -- which is that drive 10 - foot that we're talking about -- "are for the use and benefit of those lot holders only as shown in this plat. " Okay? Why that's a problem is because the applicant -- if you turn to the next tab, "C" -- has created a fence that blocks off this driveway to property owners. People cannot walk through this drive who have vested rights in the plat. Lot owners of "C, " lot owners of "B, " which are now three-, I believe, and four-story condominiums, do not have access to this drive, which is platted and recorded. It is for the benefit of them only, and she has blocked it off and made it almost a private area. Chair Russell: Have they filed a complaint to that effect? Mr. McConnell: Yes. There's actually an open Code Enforcement case for this, because if you turn to the next tab, Tab "D, "you can see that the property owner -- the app -- has actually encroached -- that pink nail right here, the circle to the left, under the gate, is actually the northwest corner of Lot "C" -- right? -- and that is her property line, that circle to the right with the wide arrow. So she's actually encroached about, I would say, eight feet, and moved the drive over and assumed eight more feet of it, you know. So the drive should technically be eight feet into her property, but in turn, has pushed it back, which obviously has now pushed back Lots „C,s „ -- Chair Russell: Just a question for the City Attorney. Is this a Code issue or a civil issue between two neighbors, if they have a dispute over their boundary line or the fence? Ms. Mendez: The boundary line is usually a civil matter. If there was improper permitting that caused the fence to be inappropriately placed somewhere, it would become a Code issue. Chair Russell: Your point is taken, though. You've made your point about -- City ofMiami Page 239 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 Mr. McConnell: No, but just to clam. The only reason I'm bringing this up is because there is an open Code enforcement case based -- Chair Russell: Understood. Mr. McConnell: -- on this eight foot encroachment. Chair Russell: Understood. Mr. McConnell: So that's the only reason why I'm bringing it up. Chair Russell: Your point is taken. Mr. McConnell: Thank you, sir. So getting back to the applicable height that -- the guidelines, if you don't mind, under 9. So as you flip through and you look at 4.2, which has a big `X" on whatyou shouldn't do -- because visibility is the biggestpart of this. You want people to come to it. You want people to see it. That's the whole point of having a historic resource. So you see what the fence looks like that has an "X" on it, correct? If you flip to the next page, this is the fence. Right? And I know this is on -- this is not the north side of the property, but I'm assuming, based on the guidelines, that there's two facades, and this would be one of them. That is not an appropriate fence for visibility. It literally blocks out; you can't see anything from that. Now, if you turn the page, these are the guidelines that Warren was talking about in regards to they only speak on residential historic districts. If I was doing this, I would have done it the same way he did, which, let's just give her the benefit of the doubt and give her the most lenient height restrictions here, since it doesn't speak on individually designated properties, which would be five feet in the front -- now remember, she has two facades, so it's either going to be the east or the west that gets that other five feet -- along with eight feet on the sides. Okay? The HEP Board has given her, I believe, seven feet in the front, and then nine and a half on both sides, or 14. Excuse me; on both sides, which is a ridiculous amount, because the more you look at this property -- and I have done -- I kind of want to move into landscaping a little bit. So if you flip a few pages, 4.3 is in regards to landscaping. And I know I'm moving fast, butl don't -- I only have 10 minutes. Chair Russell: No. You only have a couple minutes left, so please. Mr. McConnell: Yeah. And I just want to have you see where the `Xs" are on here, and then flip and see that the front of the -- Chair Russell: We're shy of quorum; please hold the clock. Mr. McConnell: Perfect. Is my time paused? Chair Russell: No, no, we're holding the clock; we're shy of quorum. We need one more Commissioner. Mr. McConnell: Thank you. Chair Russell: I hear number three coming right now. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: I heard it. I heard it. Chair Russell: Okay, I move it. City ofMiami Page 240 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you. Please continue on. Chair Russell: I move for approval, but please, let's go. Mr. McConnell: That's not the answer we want. Thank you. Commissioner Reyes: Okay? 10 seconds. Come on. Mr. McConnell: Are we--? Chair Russell: Please continue. Mr. McConnell: Yes? Good? Okay. Commissioner Reyes: Oh, my God. Mr. McConnell: Thank you. So going back to the design guidelines -- Commissioner Reyes: I should have stayed. No. I'm sorry. Mr. McConnell: You're good? Commissioner Reyes: Yes. Mr. McConnell: Okay. Going back to the design guidelines, I understand that historic properties -- I mean, visibility is literally the biggest thing about historic properties. If you can't see it, then what's the point of having it available to the public? So if you look at -- under 9A, I've -- this is the Property Appraiser's website. I wanted to put this number one, because when you look at it -- before I drove by the property, it literally looks like an undeveloped piece of land with a bunch of trees on it. And when -- as you get closer and as you flip through, the visibility -- what has happened is just vegetation on vegetation stacked on each other with chain-link fences and wooden fences and just what -- it just looks like one big overgrown tree, to be honest. And visibility is the biggest thing here. So to go --for the HEP Board to go against what Warren said and allow additional height because of a fence that technically shouldn't have been there to begin with, and he mentioned was put there in 1988, and from the looks of it, if you look at Tab 14, has not been touched since, because it is ripping apart, ripped everywhere. It's a safety hazard. Did that time mean anything? Chair Russell: It is. If you could just take another 30 seconds to wrap up, and then you'll have your five-minute rebuttal. Mr. McConnell. Okay. Well, ultimately, the problem here is we just want visibility, we want Code compliance, and I understand that the City Attorney's going to look into what she's going to look into, but we believe that the Code Enfor -- it should be remanded back to Code Enforcement, the resolution should be denied, because the violation should be addressed first before dealing with anything that's HEP Board related, due to the fact that there are violations pending that have nothing to do with historic properties. Chair Russell: Thank you very much. Mr. Fernandez: Thank you. Commissioner Russell, Commissioners, Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the property owner, Ms. Barbara Pittman. First of all, let me say that there's nothing in Chapter 23 of the City Code which controls historic preservation; that requires that a property owner have to City ofMiami Page 241 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 resolve a Code enforcement allegation. Its not even a finding of guilt. Its only a violation that has been issued. It has not yet to be adjudicated. There's nothing in the Chapter 23 that requires that a property owner resolve that before they can proceed with an approval for a Certificate of Appropriateness from the HEP Board. In fact, it is the HEP Board that would decide whether or not the regulations from Chapter 23 are applicable to this property. So the owner did the appropriate thing, and in fact, was directed to go to the Historic Preservation Board by the Code Enforcement Office in order to seek verification as to whether or not the violation was issued correctly, and that's exactly what she did, and of course, we know the result. The result is that we had a favorable recommendation from your Historic Preservation Officer to allow the vegetation and the fence to remain in place, and the HEP Board agreed with that over Mr. Bash's complaints at that hearing, and all these arguments were raised to the Historic Preservation Board. The Preservation Board understood that this is a unique property. This is not in a historic district. This is a stand-alone historic resource, and that the vegetation is appropriate. First of all, let me just run quickly through some of the things that counsel --points that they made. This is not a corner property. This is abutted on one side by an alley; on another side by a private drive. There is no blocking of the private drive. There is a gate on the drive that is on the east, but that was not installed by my client, and that is a drive that only benefits Parcels C, B, 20, and 21, and D, not Mr. Bash's property. He doesn't even have standing to raise that argument, and this is not the venue to raise any argument over access being blocked to that street. What has happened here is that circumstances have changed over time, and the HEP Board realized this. This was a residential neighborhood. Magnolia Park has changed significantly. It is now predominantly multifamily. You have three large projects -- that you can see them here on the north of the property -- that have developed over time. And landscaping is a very important factor to help mitigate the impacts of some of those multifamily residences across the street. This is a shot of the alley on the west. You can see Ms. Pittman's property on one side; Mr. Bash is on the other. They're both lushly landscaped. What's happening here is compatible on both sides. This is -- yes. This is -- Commissioner, this is Mrs. Pittman's house. You can see that it's very visible from the street. In fact, if you read the Designation Report for the Flanders house, it'll tell you that the most significant aspects of this house have to do with the A frame architecture, the French chalet style of home, and nobody's blocking that. That's abundantly clear from the street -- visible from the street. And the gates that she has are wrought iron picket fences that allow you to see through them, so you can still see the lower portions of the house, as well. The Designation Report, as Mr. Warren Adams indicated, identified in 1988 that the site is overgrown with vegetation; that there are large trees in the backyard throughout the house, and it also indicated back then that it's unlikely that this house would be used for single- family residential use, even back then, seeing the differences that were becoming apparent in the neighborhood. This is a picture of the house. This is the front of the house. Take a look at the size of the landscaping in front of the house at the time of designation. What's there now is lower and better groomed. So to say that the vegetation was not characteristic of the historic designation is just incorrect, and the HEP Board realized that. Here's the character of the street again. Here you can see the One Bay Project across the street, which Ms. Pittman has to look at. So the vegetation is necessary, really. This is what the property looked like across the street before the multifamily development came into being. You can see it. You know, it was a different neighborhood. It was just single-family homes. It has changed. This is Mr. Bash's home to the west, the appellants. You can see that he has gates that are clearly not visible. I realize his house isn't historic -- Mr. McConnell: Thank you. Mr. Fernandez: -- but he has lived in this house for 17 years. My client has lived in her house for 20 years. I'd like you to ask yourself, "Why is he raising these issues City ofMiami Page 242 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 after 17 years of living next to these improvements?" Nothing has changed. My client bought her house with this hedge in place and with the -- most of the gates in place, as well. So this is being brought to you due to some other reason, but not because it has any merit from a historic preservation standpoint. Here are the hedges that Mr. Bash has in his alley. And this is the way Mr. Bash maintains his home, in a state of disrepair -- Mr. McConnell: I mean, I object -- Mr. Fernandez: -- without paint -- Mr. McConnell: -- to relevance for the record. Mr. Fernandez: -- without -- keeping -- he has a tarp over a second floor of the house. And really, what this board should be considering is applying Section 236.3 of the Code, which says that `Any other property in visual proximity to a designated property that lacks maintenance and repair to such an extent as to detract from the character of the designated property, the board or officer may request appropriate officials or agencies of the City to require correction of such deficiencies under authority of the applicable laws and regulations. " Chair Russell: So you're jiu jitsuing [sic] this back on the -- Mr. Fernandez: I am. I am -- Chair Russell: Okay. Mr. Fernandez: -- because it's really unfair. Ms. Pittman is a widow. She's lived in this house for 20 years. There was never a problem. The problems began after her husband passed two years ago, and -- Chair Russell: That's a -- if you're not going to object, I'll -- Mr. McConnell: No. I don't know when I can and can't. Mr. Fernandez: Well, I'll -- Mr. McConnell: I don't understand the relevance to this. Chair Russell: I just -- let's stick to this -- Mr. McConnell: This is aboutyour applicant's property. Mr. Fernandez: I will -- Chair Russell: Please. Stop for a second, please. Let's— Mr. Fernandez: -- stick to the legal issues, Commissioner. Chair Russell: Thank you very much; of this appeal of this property. Mr. McConnell: Thank you. Mr. Fernandez: Again, the design guidelines of the City provide that any property owner may request an exception to the Historic Design Guidelines through an application for Certificate of Appropriateness. The HEP has the authority to make exceptions to these guidelines when there are unique circumstances associated with City of Miami Page 243 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 the property. It's clear as a bell -- and I'd like to submit that to the record, together with the rest of our PowerPoint presentation, as well as the application that my client has already filed in compliance with the conditions of the HEP Board resolution. And we'd also like to pass out letters of support that we have from more than 12 residents from the area, as well as a petition that's been signed by several residents. Chair Russell: Thank you. Mr. McConnell: Thank you. Are you done, sir? Chair Russell: No. He's got two minutes left, if he wants it. Mr. McConnell: oh. Mr. Fernandez: This is the wall adjacent to the property on the east. It was built by the developer of the project to the east, and it is greater than 12 feet in height. And this is the reason why the hedge was deemed to be appropriate at that height on the best, so that it would be consistent with the height of the wall on the other side of what is a private right-of-way. And this is the character of the area to the south. You have apartments in the rear that also are not compatible with the single-family home, without the landscaping. This is a shot of the wooden chain-link fence that was the subject of the approval that existed in 1998 when my client -- prior to my client buying the property. And these are just some images of my client's home. You can see how well she takes care of the house. It's in great shape. She's very proud of it. This is the gate; you can see that it is not a solid gate, and you can see through it. Chair Russell: All right. About a minute left. Mr. Fernandez: That's it. I'd like to just enter this for the record, and I'd like to have some -- Chair Russell: Thank you very much. Mr. Fernandez: -- time for rebuttal, if that's appropriate. Chair Russell: I don't know how much is necessary. I mean, you have five minutes for rebuttal, if you need it, but please don't just repeat the points of before. If you have actual rebuttal, that's -- Mr. McConnell: I'm going to address all the points that he hit me with. Chair Russell: Thank you. Thank you. Okay. Mr. McConnell: So initially, we start -- Ms. Mendez: Mr. Chairman, if I may? Chair Russell: Yes, Madam City Attorney. Ms. Mendez: Just in case he has to discuss it in his rebuttal, we reviewed the sections of the Code and Miami 21, and any applicable provisions in Chapter 23 with respect to being able to go to the HEP Board and ask for a COA while you have a pending Code case. There's nothing that prevents it. It does prevent it in other situations, but nothing that prevents you going to the HEP Board when you have a pending Code violation. I will say that after you get a Certificate of City ofMiami Page 244 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Appropriateness, if you have not dealt with your Code case, it will stop you along the way for any other zoning approvals, a CU (Certificate of Use) -- Chair Russell: It's a separate issue then. Ms. Mendez: -- a permit, a building permit, that -- it'll stop at that point, but nothing stops the going to a HEP Board. So I wanted to make sure I said that so that if counsel needed to say something with regard to that. Chair Russell: Thank you. But for our purposes, Code violations are separate from the appeal of the Historic Preservation Board's decision, correct? Ms. Mendez: Correct. Chair Russell: Thank you. Commissioner Reyes: And to make sure -- Chair Russell: Rebuttal. Commissioner Reyes: --just to make sure. The HEP Board recommended that -- I mean, the approval of -- I mean, recommended that the lady could fix it and have the -- all the repairs that she was going to do, right? Chair Russell: Yes. Commissioner Reyes: Okay. And the gentleman is appealing that, and she [sic] doesn't want her to do it? Chair Russell: No, he doesn't approve -- he's appealing the decision for the heights of the hedges, for the most part, and the instructions. Well, in his rebuttal -- Mr. McConnell: Yeah. Chair Russell: -- he'll explain it clearly. Mr. McConnell: Just to clarify your point, the HEP Board is not dealing with all the current violations; that's my problem. They're only dealing with two of them out of three, okay? Now, counsel said that these violations were not adjudicated. I'd like to turn you to Tab 3, which is the minutes of the December meeting, which, literally, Page 99, fined her. She plead guilty and was found guilty of all three violations. Next, I need to know the date of these pictures, because if you turn to 9A, these are pictures taken within a week, and the front does not look like that. Number 3, these letters that you issued, how many of these property owners are actually property owners that live in `B, " "C, " `D, " "E, " 20 or 21? None. How many of ours are people that live in those properties? Two, and I will provide them for you. So she is taking away rights of people that have a vested right in the plat. Additionally, I just want to make it clear for the record that the HEP Board based their decision on an erroneous survey, because there is an amended survey that's not certified or signed due to the applicant not accepting it, but not because it wasn't done. Besides that, I'd like to enter in -- all the letters into the record, along with my book. And I would plead that if you do approve this resolution, at least make some tweaks into it, because seven feet, 14 feet is just way too much for a historic property, and I'm telling you, if you go out to it, you will not be able to see the house. You lose the house, because there's vines on it, and it just all looks green. So please, please. Chair Russell: Did you say there was an erroneous survey, and -- City of Miami Page 245 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mr. McConnell: Yes. There is a revised survey Chair Russell: -- was it substantively wrong enough for the HEP Board to be misguided in their decision? Mr. McConnell: Absolutely. The revised survey actually speaks on an encroachment that's occurring by the chain-link fence that was not even mentioned in the first survey, and I've actually included both surveys under 12, Tab 12. Chair Russell: That's -- if that's relevant. So thank you. I'll -- So rebuttal. Mr. Fernandez: Thank you. The survey isn't relevant at all. Encroachments aren't - - weren't addressed by the HEP Board. The HEP Board looked at the height of the fence, allowing a fence and the height of the landscaping. There is a subsequent application for waivers that will address the actual location and deviations from what is otherwise required by Miami 21 for these improvements, but that wasn't the subject of this HEP Board resolution, and it's not relevant. And it shouldn't matter anyway, because his own client doesn't live in the properties that can benefit from the ingress and egress easement where the encroachments are allegedly located. They're on the east. He's not one of the property owners that has a right to use that area where the alleged encroachment exists. So it's not relevant to the issue. It's not even a reasonable -- Chair Russell: Thank you. Mr. Fernandez: --argument to be making. And again -- Chair Russell: Thank you. Mr. Fernandez: -- the board should take action against this owner for keeping his house in the state that it's in. Mr. McConnell: Can I just rebut that one more time? Chair Russell: So -- no. We're done with rebuttals. Thank you very much. I do not believe this to be a corner property. I believe it has one frontage, regardless of whether it's thought to have one or two or even three frontages. I would be apt to deny the appeal and uphold the decision of the HEP Board. If this board finds in agreement with that, I'd welcome a motion. Commissioner Reyes: Make -- move it. Chair Russell: There's been a motion and a second. And furthermore, I also find that the Code violations are separate of the HEP Board findings, so -- although they're -- you may be correct in the Code violations, that's to be handled by a separate body. Today we're dealing with the appeal on the HEP Board decision, mostly regarding the vegetation and landscaping. And there's a motion and a second to deny the appeal and uphold the HEP Board decision. Any further discussion from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. Commissioner Reyes: You see, I didn't vote against the HEP Board. Chair Russell: You voted with the HEP Board. City ofMiami Page 246 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: I voted -- I didn't vote against them. Chair Russell: Thank you very much. END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 247 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 COMMISSIONER, DISTRICT THREE JOE CAROLLO D3.1 DISCUSSION ITEM 5534 A DISCUSSION REGARDING CODE ENFORCEMENT. Commissioners and Mayor MOTION TO: Defer by Unanimous Consent RESULT: DEFERRED BY UNANIMOUS CONSENT Note for the Record. For minutes referencing Item D3.1, please see Item DL 1. END OF DISTRICT 3 ITEM City of Miami Page 248 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 NA - NON -AGENDA ITEM(S) NAA RESOLUTION 5697 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Commissioners and THE BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") Mayor APPOINTMENT OF JOSE SOLANO AS THE EXECUTIVE DIRECTOR OF THE TRUST, UNDER THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON AS SET FORTH HEREIN. ENACTMENT NUMBER: R-19-0120 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Commissioner Carollo: One thing, ifpossible, Chairman -- Chair Russell: Yes, Commissioner. Commissioner Carollo: -- I'd like to do, if we can, so that I could get an Executive Director back to work as soon as possible. We have a resolution that I believe was sent a couple of days ago, but nevertheless, it's been passed out here, on the employment of a permanent Executive Director for the Bayfront Park Trust -- Management Trust -- which is Jose Solano. He's a long-time employee for over 20 - plus years at the trust. It needs to be approved by the Commission, like all our chairmen in different boards. If I could present this, Mr. Solano's here if anyone would like to ask any questions of him so that he can go back to work, and it's a quick item. Mayor Francis Suarez: Mr. Chair? Chair Russell: Mr. Mayor. Mayor Suarez: Yes. I would agree with the Commissioner that we can expedite this item, and I would just say on a personal level that I'm a huge Mr. Solano fan. This is somebody who lives and breathes the park. He's someone who's there on weekends. He's someone who sacrifices family time. He's someone who is always available, no matter what the circumstances are. And I can think of no one better to steward the parkas Director than Jose Solano. He's paid his dues. He works for far less than the time that he puts in, frankly. And I think it would do the City a great service, and he's a great human being. Commissioner Carollo: And I thank you for those words, Mr. Mayor, and those other reasons and more that I chose him from the inside. I'm always a proponent that if you have someone that's qualified on the inside, you shouldn't hesitate. In this case, we have someone that there's no way that we could get anyone like him, no matter if we advertise worldwide. And he's really been the heart and soul for years of the Bayfront Park, and now Maurice Ferre Park, the Old Museum Park. So I'm very pleased that he is going to be the new Executive Director, if this City of Miami Page 249 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commission approves it, because the trust would be in very good hands with him; it has been, and it will be for years to come. Mayor Suarez: As am I. Chair Russell: Thank you very much. Will Mr. Solano be giving the annual report of the trust this morning? Is he presenting that item? Because I was going to take that, actually, quite early, as well, so we can do it at the same time as that. Commissioner Carollo: Well, the report was, I believe, passed out. But if you need for him to verbally give it, I don't know if he was ready for that; I don't think he was. You might be wanting then to schedule it for the next meeting if that's the case. But he's here. He could tell us if -- what he would like to do. Chair Russell: Got it. So we're going to take the annual board reports right around --just after public comment. I'm happy to move this item right now. I just wanted clarification from Legal that I -- because I haven't -- this is a pocket item, so I haven't studied the bylaws of the Bayfront Park Trust. This is completely -- there is no search process required, right? We are able to appoint and --? Victoria Mendez (City Attorney): Right. So we are at -- the Commission here is going to -- pursuant to the Code, after Bayfront makes a determination on the Executive Director, you ratify it, so that's why it's here before you. Chair Russell: And Bayfront has already done that; and so, we're -- we did -- it's coming to us now. We don't need to do a selection process. Ms. Mendez: Right. I believe Bayfront has already done this, yes. Commissioner Hardemon: Mr. Chairman? Mayor Suarez: Chair -- Chair Russell: Mr. Mayor. Mayor Suarez: I defer to the Commissioner. Commissioner Hardemon: Yeah. If the -- if Bayfront Trust -- if the Bayfront Park Trust has already made the determination that Mr. Jose Solano is the person they want as the Executive Director -- Chair Russell: Yeah. Commissioner Hardemon: -- then I would move to approve this resolution. A resolution of the Miami City Commission approving the Bayfront Park Management Trust appointment of Jose Solano as the Executive Director -- Chair Russell: Absolutely. Commissioner Hardemon: -- of the trust, under the terms and conditions of employment agreed upon as set therein. Chair Russell: There's been a motion by Commissioner Hardemon. Is there a second? Commissioner Reyes: Second. City of Miami Page 250 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Seconded by Commissioner Reyes. Mr. Mayor. Mayor Suarez: Just a quick question. I just want to thank the Commissioner and the City Attorney for inserting the last "whereas" clause. It says that, "Pursuant to the Code, this resolution is deemed an emergency for purposes of a pocket item. " I agree with that. I think that that is an important fact. He needs to get working, you know, right away, and it is important that we do this expeditiously. So I just want to, from a procedural perspective, thank the powers that be for articulating that standard. Chair Russell: Thank you very much. Is there anyone from the public who'd like to comment on this item? There's been a motion and a second. Seeing none, I'll close public comment on this item. Any comments from the dais? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you, Commissioner. Commissioner Carollo: Congratulations, Jose. Chair Russell: Are there--? Vice Chair Gort: We'll be calling you. NA.2 DISCUSSION ITEM 5714 MAYOR FRANCIS X. SUAREZ READ A LETTER FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Office of the City COMMENDING THE CITY OF MIAMI FOR ITS COMMITMENT TO Cierk PIONEERING "PATHWAY TO PROSPERITY" INITIATIVES THAT COMPLEMENT THE CITY'S WORK ON OPPORTUNITY ZONES AND ECONOMIC EMPOWERMENT. LRESULT: DISCUSSED Chair Russell: Mr. Mayor, would you like to address the City? Mayor Francis Suarez: Thank you, Mr. Chair. I'll be very brief today. My mayoral comments will be confined to a letter that I was honored to receive from the Secretary of Housing and Urban Development; someone who has become a personal friend, and someone who I admire, not only for his work as our HUD (Department of Housing and Urban Development) Secretary, but his work as a medical professional, and someone who's transformed lives throughout the course of his career. And it reads as follows: "Dear Mayor Suarez, it was a pleasure to see you again during my recent visit to the City of Miami. I especially enjoyed our discussions on building more affordable housing, fostering responsible growth and opportunity zones, and making our cities more resilient and resistant to intense weather events. The leadership team at the US (United States) Department of Housing and Urban Development and I are impressed by the innovation, creativity, knowledge and hospitality demonstrated by you and your staff. I am convinced that you and your team possess the vision and commitment necessary to effectively address the challenge of affordable housing in the City of Miami. We are also struck by the commitment to pioneering pathway to prosperity initiatives that complement the Administration's work on opportunity zones and economic City of Miami Page 251 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 empowerment in American cities. The City has made great progress under your leadership. I am especially encouraged by your Administration's commitment to provide housing for a diverse range of income levels to make Miami a place that everyone can call 'home,' regardless of background or socioeconomic status. This need has been confirmed by your residents, who voted to create the $400 million Miami Forever Bond, allocating a hundred million dollars of the bond for affordable housing and economic development. The ultimate success of this investment in Miami's future depends on how the City and hard work together to leverage these valuable resources. Your dedication to doing just that was brought to the forefront when we visited the Tuscany Cove Development, a model of Miami's new affordable housing projects. Tuscany Cove features all the elements of any successful affordable housing project, including newly constructed units, municipally donated land, and a partnership with a local nonprofit organization that leverages Home Investment Partnership Program (HOME Funds). Tuscany Cove is well positioned to serve as an affordable housing development model for the rest of the country. Building and sustaining affordable housing remains a major concern in Miami and around the country. I applaud your leadership and the willingness of your team to advance innovative ideas and take bold action to ensure that opportunity zone investments are maximized to benefit Miami residents. I very much enjoyed my visit to Miami and support your advancement of these impressive initiatives. I assure you that HUD will serve as an enthusiastic partner in its mission to keep Miami as the Magic City by helping you keep Miami an affordable and accessible place to live for all who call it 'home. "' And I would just add that we spoke at length. We had lunch and we spoke at length about a program where the Federal Government could potentially match dollar for dollar our one - hundred -million -dollar Affordable Housing Fund. We also discussed different Commissioners' initiatives related to affordable housing that were interesting to the Secretary, and we're going to be providing a white paper once we get the FIU (Florida International University) study back, and we have the UM (University of Miami) land tool at our disposal, and we'll be contacting all of your offices to make sure that your ideas are incorporated into the white paper that gets sent to the Secretary of HUD, so I want to thank you for your cooperation in that, as well. Thank you. Chair Russell: Thank you, Mr. Mayor. And I have a question for you as -- Mayor Suarez: Sure. Chair Russell: -- and to Mr. Manager, as well. I recognize that our lobbying team is doing a lot of work, and we position our self at the State to leverage our bond with regard to the capital improvements, mostly within the resilient sector. What are we able to do with our lobbying team, either at a State or Federal level, to help these efforts, to encourage HUD to match our dollars that we've got on the affordable side? Mayor Suarez: I'll let the Manager talk about what the lobbying team is doing, focused on the Federal Government. I have direct access to the Secretary; he's a personal friend. I've met with him on multiple occasions -- in fact, twice in that week; once in DC (District of Colombia) and once in Miami -- and I'm personally advocating directly with him on this initiative. I know there are other cities --for example, Austin -- that has done a similar bond to ours, and other cities that have done it, as well. And so, we're working with him to potentially do a national model, which can be scaled up, based on the fact that the City is borrowing money, and that's only one small piece of the financing tools that are being used to finance these affordable housing projects. You've got, obviously, bank funds; you've got equity; you've got the County surtax funds. You have a variety of different funding sources that create a funding mix for doing tax credit deals, and a variety of other City of Miami Page 252 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 potential ideas that we're going to be including in the white paper to the Secretary in the hopes that he makes an executive decision. Chair Russell: Thank you very much. Mr. Manager. Emilio T. Gonzalez (City Manager): Sir, we do have a firm that has been retained to do Federal work for us. I'm holding off until I get the results of the housing study. I, myself, like the Mayor, have a lot of direct contact and access in Washington, and I want to be very strategic on what the ask is, and not just show up there and make things up as we go along. So once we get our strategy together, once we get our input from our study, then we can be much more specific on who we see, and what the ask is. Chair Russell: Thank you very much. Commissioner Carollo: Mr. Chairman -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- I have a question from what I just heard. Mr. Manager, you said we've hired an additional firm to help us in DC? Mr. Gonzalez: No, sir. One of the firms that we hired -- Commissioner Carollo: Okay. Mr. Gonzalez: -- has been hired to do work for us in DC, and I'm holding back on that until we know exactly what we want them to do, and how we want to target it. Commissioner Carollo: Which firm is the one you're using? Mr. Gonzalez: The Reuben Group, sir. Commissioner Carollo: Okay. Thank you. Chair Russell: Thank you very much. NA.3 DIRECTIVE 5715 DIRECTION FROM COMMISSIONER REYES TO THE CITY Office of the City CLERK, CITY MANAGER AND CITY ATTORNEY TO DRAFT Cierk LEGISLATION THAT WILL ALLOW FOR THE IMPLEMENTATION OF THE "2019 BOARDS REALIGNMENT PROJECT". RESULT: DISCUSSED Commissioner Reyes: Mr. Chair? Chair Russell: Commissioner Reyes. Commissioner Reyes: I have something that I want to -- it's a discussion item, too. I mean, it's -- and as you know, my priority has always been to promote greater efficiency, okay? And one of the areas, now that we're talking about boards, you see, and all the boards, is the way that -- which the boards are administered, and the type of -- the way that they are formed now, okay? And with this in mind, I would like to City ofMiarni Page 253 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 direct the City Clerk, the City Manager, and the City Attorney to bring back legislation that will implement the realignment of some boards, as outlined in the document titled "2019 Realignment of City of Miami Boards, " because we have many boards that they are not -- at this moment, they -- we don't have any members. I mean, they don't -- are not even meeting, and they're still in the books. So I will -- I mean, I've been in communication with the City Clerk in identifying those boards and trying to realign them, and make this -- make them more efficient. Chair Russell: Thank you, Commissioner. Do you need a motion on this item as direction to you, or you're --? Todd B. Hannon (City Clerk): No, sir. The direction will be sufficient. Chair Russell: Thank you very much. You'll bring back legislation in the next meeting? Mr. Hannon: We'll try for the next meeting; it may take a little bit longer, but as soon as possible. Chair Russell: Thank you very much, Commissioner. Commissioner Reyes: Sure. Chair Russell: Any other questions about boards? Any other here to give reports? If not, we'll move on. Thank you very much. NAA RESOLUTION 5712 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ISSUE A REQUEST FOR LETTERS OF Office of the City INTEREST ("RFLI") FOR LEGAL CONSULTING SERVICES TO Clerk PROVIDE SUBJECT MATTER EXPERTISE ON NEGOTIATIONS BETWEEN THE CITY OF MIAMI ("CITY") AND FREEDOM PARK, LLC REGARDING THE DEVELOPMENT AND CONSTRUCTION OF A SOCCER STADIUM AND COMMERCIAL COMPLEX AT THE CITY -OWNED PROPERTY LOCATED AT APPROXIMATLEY 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, KNOWN AS MELREESE COUNTRY CLUB, WITH SUCH RFLI TO INCLUDE CERTAIN PREFERENCES FOR FIRMS LOCATED WITHIN THE CITY OF MIAMI, SPECIFIC RESTRICTIONS WITH RESPECT TO FIRMS ENGAGED IN BUSINESS ACTIVITIES IN CUBA, AND LANGUAGE STATING THAT CONFLICTS SHALL NOT BE WAIVED BY THE CITY COMMISSION, AS DETERMINED BY THE CITY ATTORNEY. ENACTMENT NUMBER: R-19-0132 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Commissioner Carollo: The minute we defer this item, I would like to present an emergency resolution instructing the City Attorney to draft a Request for Proposal right away; that it would have a short time limit, maybe three weeks; and that it be City of Miami Page 254 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 put out and sent out to every firm that we could think of that's a national firm or a statewide firm that can bid in this, and then the Administration could give its recommendations, but we should get everything sent to the Commission so that we could read everyone that's made a proposal, and we decide up here who we want to hire. Chair Russell: Thank you, Commissioner Carollo. So I need some direction from this dais on how we'd like to handle this item. Is there a motion? Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: Madam City Attorney. Victoria Mendez (City Attorney): Basically, we did -- our office did talk to a couple of different firms. However, I understand what Commissioner Carollo is requesting. We could do a request, which we've done in the past, of any interested firms. Basically, what we do is a -- it's not extensive. Commissioner Carollo: Sure. Ms. Mendez: It's a little paragraph, basically explaining what we want to do, and then we send it out to -- Commissioner Carollo: A Request of Interest instead of a Request for Proposals. Ms. Mendez: Right; request of -- for Letters of Interest, and we would send it out. We would blast it nationally in this case. We did talk to the -- what I believe is the next highest firm that could help with these type of things, which is Skadden, I believe. They represent like the NFL (National Football League), and things like that. We could --but we can do what you're requesting, but I would request, though, in order to be able to meet your timeframes -- Commissioner Carollo: Yes. Ms. Mendez: -- of September, I would request if we could do -- we can draft it today; send it out -- Commissioner Carollo: That's the idea. Ms. Mendez: -- and -- but we would -- three weeks is cutting into a lot of time. So -- Commissioner Reyes: Two weeks, the maximum; two weeks. Ms. Mendez: -- is there any way we can --? Commissioner Carollo: Make it 15 days from the time you send -- Commissioner Reyes: 15 days. Chair Russell: One at a time, please. Please, just a moment. One at a time. Commissioner Carollo. Commissioner Carollo: If you could make it then 15 days, Madam City Attorney, but the one thing that I would be adamant that is included in that, that we will be requesting that they do an analysis after they speak to the individuals from Freedom Park so that they do a real analysis, market rate analysis of what the deal is truly worth to the City; in other words, what we should be asking for in this deal. City of Miami Page 255 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: Thank you. Ms. Mendez: Okay. So that would -- so I was hoping in a perfect world to get this back on here on April 11, which would be a 10 -day -- Chair Russell: Turnaround. Commissioner Carollo: We could have a quick special meeting, if need be. This is important enough, and I don't mind coming back for it. Chair Russell: Commissioner Gort. Vice Chair Gort: They can also participate in this, Madam Attorney? Ms. Mendez: Yes. Vice Chair Gort: You're going to research also, because they're also going to be answering, them self, also. They can answer the -- what you're going to be sending out, the RFP (Request for Proposals) (UNINTELLIGIBLE) -- Ms. Mendez: Right. So normally, what they do is -- Vice Chair Gort: -- so everyone will be able and have a chance to -- because I don't want the delay; to later on, come September, "Oh, I'm sorry, we're not able to do it, because we didn't have the people onboard." So I want to make sure we do -- we expedite the process, okay? Commissioner Reyes: Yes. And— Chair Russell: Mr. Mayor, you had a comment? Commissioner Reyes: -- I want you to vet them for -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- their participation in Cuba. Mayor Francis Suarez: Mr. Chair, if I may? Chair Russell: Yes. Mayor Suarez: Thank you. Yeah, I agree with Commissioner Gort. We can't have it both ways, but what I would ask then, if we're going to do the special meeting route, which is fine, then if we can come up, maybe in the afternoon, with a timeline for the number of days that it's going to be out, and then when the meeting will be held -- Chair Russell: Sure. Mayor Suarez: -- so we can wrap it all up within -- and then that actually meets with Commissioner Gort's request, you know, not to overly extend it, as well. Commissioner Carollo: Yeah. I think we're all in agreement. Mayor Suarez: Okay. Commissioner Carollo: The only thing that I would request, once they come in, the Commission gets at least two or three days to go over -- City of Miami Page 256 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mayor Suarez: That's fine; that makes sense. Commissioner Carollo: Obviously, if it's just a few, you know, we don't need that many days, but if you get a lot, you know, we need a few more days. Mayor Suarez: Two or three days is fine. Commissioner Carollo: Yeah. And then we set the timeline for the meeting. Commissioner Reyes: Okay. Mayor Suarez: I agree. Chair Russell: All right. So I need some direction or a motion here, please. Commissioner Carollo: There is a motion for the resolution that I presented, instructing the City Attorney to send out immediately, as soon as they can draft it, a letter for a Request of Interest from every known firm, hopefully, that could apply to - - and participate in this that wants to, in the fashion that I described; that it was spelled out, what it's about; and that one of their duties, besides advising us through the process, will be to establish what is going to be built there, and what the true market value is, and what we should be negotiating and asking for -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- in this deal. Commissioner Reyes: Yeah. Chair Russell: That -- is that a motion? Commissioner Carollo: That is a motion. Commissioner Reyes: That's a second. Chair Russell: Seconded by Commissioner Reyes. I'll open the floor for public comment on that motion. Is anyone here to comment on that? Close -- Mayor Suarez: Mr. Chair, if I may, just real quick? Chair Russell: Mr. Mayor. Mayor Suarez: I didn't -- not to disagree, necessarily, with the Commissioner; I just want to add something to what the Commissioner said, is I presume, you know, not only -- because lawyers don't really get into analysis of values, per se. Commissioner Carollo: Well, whatever they got to do. If they got to bring some help or -- Mayor Suarez: Right, right. Commissioner Carollo: -- I -- Mayor Suarez: That's what I'm trying to say. Commissioner Carollo: Yeah, that's what we're saying. City ofMiami Page 257 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Mayor Suarez: This is probably going to --they're probably going to -- What I think you're looking for is a legal sort of corroboration that a -- an appraisal company, for example, and some value experts are valuing the property and all the component parts in a way that is fair and competitive for the residents of the City. Commissioner Carollo: Absolutely. What I'm trying to do is keep it away from any of us -- Mayor Suarez: Understood; agreed. Commissioner Carollo: -- across the board -- Mayor Suarez: Agreed. Commissioner Carollo: -- so that no one can signal out, "Hey" -- Mayor Suarez: Precise. Commissioner Carollo: -- 'you know, you guys did this and, you know, you played favorites. " Mayor Suarez: Got it. Commissioner Carollo: I want to get a real analysis. And if the firm that this Commission would choose decides that they're going to work and bring "A" firm to do that financial analysis, that's fine. They could tell us. They could bring it in at the appropriate time. But we need that as soon as possible so that we know what we're going to be negotiating on. Right now, frankly, I don't feel comfortable at all, and I said this when we voted upon; that with the numbers that we've been given, I think we need a lot more to really establish what the deal is really worth. I believe it's worth a lot more. I said it back when we put this up to a referendum, and I just want to move it as quickly as possible. Chair Russell: Thank you. There's been a motion and a second. Commissioner Reyes: Yes. I have -- Chair Russell: But -- Commissioner Carollo: I'm sorry. Last, but not least, on the motion issue -- the resolution -- it's included the timeframes -- Commissioner Reyes: The timeframe. Commissioner Carollo: -- that we discussed here. Ms. Mendez: Right. Commissioner Carollo: Yeah. Ms. Mendez: So based on -- Mayor Suarez: I agree with that. Ms. Mendez: -- everything that you've discussed, if we're going to put it out for at least two weeks, then -- City of Miami Page 258 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Yes. Commissioner Carollo: 15 days; 15 days we said. Ms. Mendez: -- right? I'm sorry? Commissioner Carollo: 15 days. Ms. Mendez: Right. So if we do 15 days, that'll push us past the April 11 point, so tentatively, we'll put a placeholder for April 25, which is our next meeting after April 11. And then, if we get anything earlier, we can request a special meeting. Does that work on timeframes? Commissioner Carollo: Well, I would try to establish a special meeting time already, because we want to put this on fast track, and if we're ready to go before April 25 -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- we could have that meeting before. If you put the deadline on the 15 days, whatever that date is, then give us three days to go over it from the time the Administration gives us all the proposals -- Ms. Mendez: It would end the -- Commissioner Carollo: -- and then you could establish the actual special meeting date right after that. Chair Russell. So then, we'd look for a special meeting somewhere between April 15 and 20 -- Ms. Mendez: Okay. Chair Russell: -- the week of the -- Ms. Mendez: So I'm going to be out on spring break, so the -- if you want a special meeting after the 11 th and before the 25th, and you want me here, it would be -- I would have to have that meeting early, on the 16th. Commissioner Reyes: Fantastic. Ms. Mendez: If you don't mind that I not be here, and I leave you in the capable hands of Mr. Min and Mr. Greco, then -- Commissioner Reyes: Let be the 16th. Chair Russell: I'd rather not set the date of the special meeting yet today. I'd let -- let's take this motion, set the RFP in process. They've got their deadlines, but we -- I think we all need to look at our calendars to confirm a special meeting date, and confer with our offices. Commissioner Reyes: Yeah, but I don't see any problem in saying no later than the 16th, because we want her here. Commissioner Carollo: Yeah. Commissioner Reyes: You see, I don't see why not. City ofMiami Page 259 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: I do agree; I just don't want to limit ourselves -- Commissioner Reyes: Yes, I want to limit ourselves. Yes, I want to limit our self [sic]. I want to force ourself into getting this on track. I want to force our self [sic/ that -- and what -- adding to what Commissioner Carollo is saying, I -- we also would like to see some financial analyses of the deal, you see. Chair Russell: Mr. Mayor. Mayor Suarez: Mr. Chair, yeah, and I would just say, I presume that doesn't preclude the firm that the City Attorney had recommended today from also participating in that process. Chair Russell: Already mentioned. Vice Chair Gort: Yeah, of course. Chair Russell: Commissioner Gort asked that. Commissioner Carollo: Anybody could participate. Mayor Suarez: So long as they can comply with what Commissioner -- Commissioner Reyes: If they comply, and the City Attorney -- Mayor Suarez: Certifies that. Commissioner Reyes: -- certifies that. But I am kind of uncomfortable. Mayor Suarez: I got you. Commissioner Reyes: And I feel -- no "kind"; I'm very uncomfortable dealing with any firm -- Mayor Suarez: Got it. Commissioner Reyes: -- that is violating State statute -- Mayor Suarez: Of course. Commissioner Reyes: -- or City resolutions. Mayor Suarez: Understood. Commissioner Reyes: Okay? Mayor Suarez: Totally. Commissioner Reyes: And this is -- I want to place everybody on notice, if it is on the books, we are going to enforce it. Mayor Suarez: Agreed. Chair Russell: Thank you. Mayor Suarez: Thankyou. City ofMiami Page 260 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: There has been a motion and a second for the -- to set the RFP. Is there any public comment on this particular item that we are voting on? Seeing none, I'll close the public comment. Is there any further comment from the dais? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Hardemon: Can I --? I have a clarification. Chair Russell: Yes. Commissioner Hardemon: This is the motion that Commissioner Carollo made? Chair Russell: Yes, correct. Commissioner Hardemon: Okay. Thankyou. Chair Russell: Any opposed? Motion passes. NA.5 RESOLUTION 5707 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE Clerk COMPLIANCE TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Grace Solares Commissioner Ken Russell ENACTMENT NUMBER: R-19-0128 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Let's go ahead and do the board appointments, if there are any. Regarding the Code Enforcement Task Force, I'd like to appoint Grace Solares, if there's a motion to that effect? Vice Chair Gort: Move it. Commissioner Carollo: There's a motion. Chair Russell: Is there a motion? Commissioner Carollo: There's a motion. Chair Russell: Thank you. Is there a second? City of Miami Page 261 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Yeah, second. Chair Russell: And a "wow "from that side of the dais. Unidentified Speaker: That's awesome. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. NA.6 RESOLUTION 5708 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE Cierk COMPLIANCE TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Frank Figueroa Commissioner Manolo Reyes ENACTMENT NUMBER: R-19-0129 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Harde mon Chair Russell: Commissioner Reyes, you had an appointment? Commissioner Reyes: Yes, I do. I want to appoint Frank Figueroa. Commissioner Carollo: There's a motion; there's a second. Chair Russell: Is there -- is that a motion? Commissioner Reyes: Yes, it's a motion. Chair Russell: Second from Commissioner Carollo. Any further discussion? All in favor, say "aye. if The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Commissioner Gort, you had an appointment you'd like to make? Vice Chair Gort: Not at this time. Chair Russell: Not at this time. Is there any others for the boards? City of Miami Page 262 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: I will bring mine at the very next meeting, when this meeting -- when -- well, the issue that was on is going to be coming back for the next Commission meeting anyway, correct? Chair Russell: What's that? Commissioner Carollo: The one that was deferred relating to this? Chair Russell: We withdrew an item, because it had already passed; the formation of the Task Force. Commissioner Reyes: That's right. Commissioner Carollo: Okay. Chair Russell: You have a discussion item still slated for later today -- Commissioner Carollo: Right. Chair Russell: -- D3 -- Commissioner Carollo: Right, yeah. Chair Russell: -- I for Code Enforcement. Commissioner Carollo: Yeah. Well, I'll bring mine up at the next meeting or later on today. Chair Russell: So you will just table it for now? Commissioner Carollo: Yeah. Chair Russell: Okay. No deferral. Commissioner Carollo: Until either later today or -- yeah, until later today or the next meeting. Chair Russell: Okay. Commissioner Carollo: Thank you. Chair Russell: We'll table it for now, and at that point, we'll make a decision on whether or not to defer it to the next meeting. Commissioner Hardemon: This is for the Code Compliance Board, the new board that we're creating? Commissioner Carollo: The Task Force, yeah. Vice Chair Gort: Yeah, right. Commissioner Hardemon: The Task Force. And I want to remind our dear Commissioner from District 3 that I promised him that he could make the appointment for me, as well. Chair Russell: That's true. He did say that. City of Miami Page 263 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Carollo: I do appreciate that. I have two appointments that I want to call and confirm; very qualified former City employees. Thank you. Chair Russell: Are you -- and you're not -- but not at this point? Commissioner Carollo: No. I want to confirm with them -- Chair Russell: Got it. Commissioner Carollo: -- if they accept. Chair Russell: Thank you. NA.7 RESOLUTION 5706 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Office of the City A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE Clerk ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose M. Garcia Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-19-0130 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Commissioner Gort, you had some discussion items that you -- Vice Chair Gort: I have a Code Enforcement Board member, which I passed it on to the City Attor -- I mean City Clerk; Pastor Jose Garcia. Commissioner Carollo: I second it. Chair Russell: It's been moved by Commissioner Gort,• seconded by Commissioner Carollo. Any further discussion? All in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Motion passes. City of Miami Page 264 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 NA.8 DISCUSSION ITEM 5699 DISCUSSION BY COMMISSIONER GORT REGARDING RAILWAY Commissioners and CROSSING REPAIRS IN ALLAPATTAH. Mayor RESULT: DISCUSSED Chair Russell: Was there a discussion item you wanted to bring up, Commissioner Gort? Vice Chair Gort: Discussion item. I discussed this with the Administration, and I've been having a problem with the railroad tracks there on Northwest 13th Avenue and 11 th Avenue, and I've been dealing with this since 2002. The year 2000, the first letter went out to the State, trying to get us to be able to fix the street. You can hardly go over, but we're not allowed to fix it, because it's part of the DOT (Department of Transportation), and we've been negotiating for a long time. I'd like to have this expedited, and I just want to ensure -- I want to put on the record. NA.9 DISCUSSION ITEM 5698 DISCUSSION BY COMMISSIONER GORT REGARDING THE Commissioners and STATUS OF THE NEW NET OFFICE IN ALLAPATTAH. Mayor RESULT: DISCUSSED Vice Chair Gort: Also, I want to put in the record, and I discussed with the Administration, but I want to make sure I put it on the record. The NET (Neighborhood Enhancement Team) Ojfce, they're changing the NET Office for the Allapattah NET Office. It's something that I've been working on for quite a bit, too, and it's on hold. My understanding, if you recall, we approved an item in here where we allowed the -- an exchange between the County and our self [sic] where they're going to be able to use Artime's facility, and we, in turn, will use the facility on Northwest 20th Street and 19th Avenue; some households somewhere in the County, we are going through everything, so I want to make sure people understand. I'd like to get this done before I leave, if possible. Chair Russell: Thank you very much. Vice Chair Gort: Thank you. Chair Russell: Any comments or questions? All right. Gentlemen, thank you very much. Other than what has been tabled, you also have, Commissioner Carollo, DL 1, discussion item, "City Manager. " Would you like to table that, as well? Commissioner Carollo: If we could bring it up at the end with my other item, Code Enforcement for my district. Chair Russell: Fair enough. We will table that item, as well. That completes the morning's agenda, other than DI.3, which we'll take up at 2 p.m. I'm glad to recess us for lunch until 2, if that's the will of this board. All good? 2 o'clock? Commissioner Carollo: 2:30? City of Miami Page 265 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Chair Russell: We were hoping for -- Commissioner Carollo: 2:30? Chair Russell: Gentlemen, 2:30? Commissioner Carollo: I got a lot to do. Chair Russell: Okay. We'll reconvene at 2:30. Commissioner Carollo: Thank you. Chair Russell: Thank you very much, everyone. See you then. NA.10 DISCUSSION ITEM 5716 CITY MANAGER EMILIO T. GONZALEZ PROVIDED A STATUS Office of the City UPDATE REGARDING PREPARATIONS FOR THE ULTRA MUSIC Cierk FESTIVAL. FRESULT: DISCUSSED Chair Russell: (INAUDIBLE) first we have our Planning & Zoning agenda ahead of us. The way we're going to work this afternoon -- because there are people even outside who can't get in due to the capacity of our historic structure, who would also like to speak -- we're going to open up public comment for all items at this time. And as you speak, please make way for more people to come in. If you are just seated and there's an item you're going to want to see, it would be really great if you allow for those who are trying to speak to get in for capacity, if you're here to speak. So what we're going to do is we're going to make two lines at each of the lecterns. Everyone will have two minutes to speak on the item. When you begin, please state your name, which item you're speaking on. It's very helpful for the dais to know exactly which item you're talking about; you can refer to it by PZ (Planning & Zoning) name, or just by the subject matter, and we'll know where you are. And then you have two minutes to speak. You don't have to say your address. You'll hear a beep at the 30 -second mark of your two minutes to speak, and then start to wrap it up, please, so that we can be efficient and get through, so everybody can be heard in an efficient manner. When you get to the end of your two minutes, please try to just finish. Even though I know you may have more to say, there's a lot of people here who would like to express themselves. And so, we're going to open up and the -- if we'll read the procedures for the Planning & Zoning agenda, and then the Clerk is going to swear in anyone who wants to speak on the Planning & Zoning items, and then we're going to open up public comment for all. Mr. Manager. Emilio T. Gonzalez (City Manager): Mr. Chairman, may I take a moment of personal privilege, please? Chair Russell: Absolutely, sir. Mr. Gonzalez: I just wanted to inform the members of the dais -- of the Commission that tomorrow is the first day of the Ultra Music Festival. I have been out there this morning. I've been out there a few times. I have met with both of our Police and Fire Chief. Our Police Department and our Fire Department are doing a phenomenal job in creating the environment for a safe and secure Ultra Music Festival. They will -- I will -- avail themselves to any questions that the dais may City of Miami Page 266 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 have with regards to either planning, organization, coordination, et cetera, as we move forward, but I just wanted to bring that to your attention. Chair Russell: Thank you, Mr. Manager. Commissioner Reyes: Commissioner -- Chair Russell: Commissioner Reyes. Commissioner Reyes: -- on that issue, on that topic, I want to thank the Manager and Chief Colina for accompanying me to Actualidad Radio, where we informed -- and even we got calls from people that were very concerned. We did a program with one of the --- a Key Biscayne Commissioner, and that -- I mean, everybody had questions about it, and some of the concerns were dissipated by your -- all the information that you provided, Chief, and --you and your assistants. Thank you very much for participating and informing the public what you were doing, and what you expected from the work that you're doing, in conjunction with the Fire Department, and also with Miami -Dade County and the police from Key West -- I mean Key Biscayne. Jorge Colina (Chief of Police): Thank you. Mr. Gonzalez: Thank you, sir. The festival, as we all know, has presented some logistical challenges, but we can all be proud of our Fire Department -- Commissioner Reyes: Yes, sir. Mr. Gonzalez: -- and we can all be proud of our Police Department. They really stepped up, and we're very, very fortunate that they've gone the extra mile to guarantee everybody's safety and security, so thank you. Chair Russell: Thank you very much. NA.11 DIRECTIVE 5717 DIRECTION BY CHAIR RUSSELL TO THE CITY ATTORNEY TO Office of the City BRING BACK A RESOLUTION PROTECTING MAURICE A. FERRE Clerk PARK FROM FURTHER UPLAND DEVELOPMENT. RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item NA.II, please see Item NA.I2. Commissioner Reyes: Okay. Could you -- do you --? You stated that you want to make a motion -- I mean to -- a resolution protecting all parks that cannot be developed? Chair Russell: Maurice Ferre Park. Commissioner Hardemon: It's a tree. Commissioner Reyes: Maurice Ferre -- no, sir. I think that all parks should be protected. Commissioner Hardemon: It's a tree. City ofMiami Page 267 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: Not a single -- we don't Commissioner Hardemon: All parks then. Commissioner Reyes: -- we cannot single out one single park. If we're going to protect one park, we're going to protect all parks. Chair Russell: Touche, sir. Commissioner Reyes: All green space. Let's put it this way: All green space that is owned by the City of Miami should be protected. That is what we are --our legacy to our children and our grandchildren. Chair Russell: So in spirit, I completely agree with you, but in practice, we would not have the museums that we do have in Museum Park. What we're doing -- what we're -- Commissioner Reyes: Well, that is for public service. Chair Russell: I think we need to -- Commissioner Reyes: That -- excuse me, sir. Museum is for public service. Chair Russell: Yeah. So what I'm looking to do is say that we have developed Maurice Ferre Park from a commercial perspective or from a upland, hard-scape development perspective as much as we would like. There are many improvements we need to Museum Park -- Vice Chair Gort: Right. Chair Russell: -- many amenities we want in Museum Park, but we are not looking to further the commercial development of Museum Park. Commissioner Reyes: Well, let's -- Chair Russell: That's the resolution I'm -- I'd like us to maybe come back -- Vice Chair Gort: Move it. Chair Russell: Well, we got a motion. Commissioner Hardemon: Move what? Commissioner Reyes: Well, I -- Commissioner Hardemon: What, that all parks -- Ms. Mendez: Can we--? Commissioner Hardemon: -- are we moving the "all parks matter", or are we moving the --? Commissioner Reyes: All parks. No parks -- Chair Russell: No, the -- City of Miami Page 268 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: -- no commercial development in any park within City of Miami. Chair Russell: We already have it; and so, we have to be very careful (UNINTELLIGIBLE). NA.12 DIRECTIVE 5718 DIRECTION BY COMMISSIONER GORT AND COMMISSIONER Office of the City REYES TO THE CITY ATTORNEY TO BRING BACK A Clerk RESOLUTION REGARDING NO ADDITIONAL COMMERCIAL DEVELOPMENT IN ALL CITY PARKS. RESULT: DISCUSSED J Note for the Record: For additional minutes referencing Item NA.12, please see Item NAJL Commissioner Reyes: No additional commercial -- no commercial development in the --we have to protect all our parks, and that means all our green space. We will - - we're going to protect it. We owe it to our residents; we owe it to our people. No commercial development in any park -- Chair Russell: Commissioner Gort, what was your motion? Vice Chair Gort: Wait a minute. Commissioner Reyes: -- in any green space. Vice Chair Gort: All parks. Chair Russell: All parks? Commissioner Reyes: Including Regatta, your park here, right here. Chair Russell: All right. I would like to see us bring this back, and you have direction from two different Commissioners here on two different -- Vice Chair Gort: Three. Chair Russell: -- because I think there's a lot to consider from a legal perspective where we already have significant commercial development. Commissioner Reyes: No, no, nothing had happened. Chair Russell: We have restaurants in some of our parks. We have -- Vice Chair Gort: But they're grandfathered in. Commissioner Reyes: Yeah, their friend got grandfathered in. Commissioner Hardemon: Wait. I have a question. Does Virginia Key Beach Park -- because, you know, they want to build a museum there -- Commissioner Reyes: The park. City of Miami Page 269 Printed on 0512112019 City Commission Meeting Minutes March 28, 2019 Commissioner Hardemon: -- is that -- Chair Russell: They couldn't have it. Commissioner Hardemon: -- can that be excluded? Chair Russell: No. Ms. Mendez: It's a park. It's a park. Commissioner Reyes: That's right. It is a park. Commissioner Hardemon: Can it be excluded? Commissioner Reyes: It is a park. We are not going to do -- I mean, I will not vote for any commercial development, private commercial development, you see. I will vote against it. Commissioner Hardemon: I think they want to put a museum there. They got like $30 million. Vice Chair Gort: That's being done by a nonprofit in the City of Miami. Commissioner Hardemon: Oh. So -- Commissioner Reyes: Non-profit. Commissioner Hardemon: -- no private. Commissioner Reyes: Non-profit, City of Miami. Commissioner Hardemon: So no private. Chair Russell: They might have a restaurant. Commissioner Reyes: No, no, any for profit -- Chair Russell: And we wouldn't be able to. Commissioner Reyes: -- any commercial, for-profit, they should be banned from -- Vice Chair Gort: They can be banned. Commissioner Reyes: --our parks shouldn't be developed or leased for for-profit, for business. Commissioner Hardemon: But Melreese isn't a park, right? That's a playing field. Vice Chair Gort: Okay. Ms. Mendez: So I -- Commissioner Hardemon: That's -- it's like a -- Ms. Mendez: -- this is a loaded reso, because there's a lot of commercial uses on our parks. We have restaurants, we have museums, we have -- City of Miami Page 270 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 Commissioner Reyes: No, those are grandfathered in. Ms. Mendez: They are, and you are correct. Commissioner Reyes: They are grandfathered in. I'm saying that from now on, no lease, nothing that --for commercial purposes in our park -- Ms. Mendez: There are just -- some -- Commissioner Reyes: -- commercial purposes. Ms. Mendez: -- are in the work right now, so just know whatever it is that you decide today can affect whatever's in the works -- Commissioner Reyes: Absolutely. Ms. Mendez: -- because it's not grandfathered in. So I just -- Commissioner Reyes: That's already -- if it is not built -- Ms. Mendez: --I'm putting that out there. Commissioner Reyes: -- it is not included. Chair Russell: All right. My request was for a resolution protecting Maurice Ferre Park from further upland development; that's it. Commissioner Gort, you have another request for the broader --? Vice Chair Gort: I'd like to get into the broader. I mean, let's face it. Virginia -- he's worrying about Virginia Beach, and this is a project that's being done by a not- for-profit, in benefit of the community -- Commissioner Reyes: Yeah. Vice Chair Gort: -- and with the City of Miami, so it's a difference. This one's different. Chair Russell: So we need to clam what those differences are. Vice Chair Gort: I'm not a lawyer, but I know it's a difference. Chair Russell: But we don't want -- yeah. We don't want to restrict ourselves with unintended consequences, so. Commissioner Reyes: No. We are -- we should restrict ourselves -- Chair Russell: Yes. Commissioner Reyes: --from keep on giving away our land. Chair Russell: Absolutely. Commissioner Reyes: We should restrict ourselves from giving our land -- Chair Russell: All right. Commissioner Reyes: --for private enterprises. City of Miami Page 271 Printed on 05121/2019 City Commission Meeting Minutes March 28, 2019 NA.13 5719 Office of the City Clerk Vice Chair Gort: Okay. Chair Russell: Thank you. You have direction. Commissioner Reyes: You see, the City of Miami has less parks than anybody else. Vice Chair Gort: You have your directions. Chair Russell: Thank you very much. Vice Chair Gort: Okay. DISCUSSION ITEM CHAIR RUSSELL BID FAREWELL TO HIS POLICY ADVISOR, MS. LEAH WESTON, AND WISHED HER ALL THE BEST IN HER NEW ENDEAVORS. ` RESULT DISCUSSED Chair Russell: Madam City Attorney. Victoria Mendez (City Attorney): If I may, as everybody is -- Chair Russell: Before -- Ms. Mendez: -- here listening -- Chair Russell: Okay. Just -- Ms. Mendez: -- can I read a script? Chair Russell: -- before we go --just before you read that script, it's important that I say that this is the last Commission meeting in which I'll have the support and advice of my policy advisor, Leah Weston. She's been with me from the very beginning, and she's moving on. She's made my office better, she's made me better, and she's made Miami better. I want to thank her for her public service, and wish her all the best in the future. Please, go ahead, Madam City Attorney. Applause. Ms. Mendez: Leah. City of Miami Page 272 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 NA.14 ATTORNEY-CLIENT SESSION 5720 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Cierk CONDUCTED AT THE APRIL 11, 2019 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEN RUSSELL, VICE-CHAIRMAN WIFREDO "WILLY" GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. LRESULT: DISCUSSED Victoria Mendez (City Attorney): Thank you, Chairman. Mr. Chairman and members of the Commission, pursuant to the provisions of 286.011(8), Florida Statutes, I'm requesting that at the City Commission meeting of April 11, 2019, an attorney-client session, closed to the public, be held for purposes of discussing the pending litigation in the matter of 1000 Brickell, Limited, formerly known as 1000, Inc., the Kai Properties, Limited, and City of Miami, Case Number 14-11755 CA 23, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami - Dade, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 10 a.m., or soon thereafter as Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Ken Russell, Vice Chairman Wifredo Gort, Commissioners Joe Carollo, Manolo Reyes, and Keon Hardemon; City Manager Emilio Gonzdlez; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; City of Miami Page 273 Printed on 05/21/2019 City Commission Meeting Minutes March 28, 2019 ADJOURNMENT Division Chief for General Jurisdiction Christopher Green, and a certificate -- and Deputy City Attorneys -- Todd B. Hannon (City Clerk): Sorry, ladies and gentlemen. Ms. Mendez: -- John Greco -- Mr. Hannon: Can we please keep it down in the chambers? Ms. Mendez: -- and Deputy City Attorneys John Greco and Barnaby Min. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public at the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you. The meeting adjourned on Friday, March 29, 2019 at 1:12 a. in. City of Miami Page 274 Printed on 05/21/2019