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HomeMy WebLinkAboutCC 2019-06-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * I N C 0 R P CBATE0 � 1B 9fi \0 It 1 Meeting Minutes Thursday, June 27, 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 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE June 27, 2019 Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 27th day of June 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 9:04 a.m., recessed at 12:10 p.m., reconvened at 3:02 p.m., recessed at 6:16 p.m., reconvened at 6.23 p.m., recessed at 11:57 p.m., reconvened at 12:03 a.m., and adjourned at 1:29 a.m. on Friday, June 28, 2019. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:10 a.m., Commissioner Carollo entered the Commission chambers at gal a.m., and Commissioner Hardemon entered the Commission chambers at 9:23 am. ALSO PRESENT. Joseph F. Napoli, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning, everybody. Good morning, good morning. Full house. How is everybody? Welcome to the June 27, 2019 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Kean Hardemon; Wifredo "Willy" Gort, the Vice Chair; and me, Ken Russell, your Chairman. Also on the dais are Mayor Francis Suarez; the City Manager, Emilio Gonzalez; and the City Attorney, Victoria Mendez; and City Clerk Todd Hannon. The meeting will be opened with a prayer by Commissioner Gort, and then the pledge of allegiance. Please rise. Vice Chair Gort: Good morning. (Invocation and pledge of allegiance delivered) PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 6094 Honoree Brittney McDuffie Presenter Mayor RESULT: PRESENTED Protocol Item Commendation 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Brittney McDuffie in recognition of her actions to represent the best qualities of the Miami Fire -Rescue Department. Remembering her training, Ms. McDuffie reacted with selflessness and immediacy that led to Mr. Belisario's survival. Elected Officials paused in their deliberations to honor of Ms. McDuffie's bravery in assisting Mr. Belisario with her life saving skills and for advancing our quality of life in the City of Miami. City of Miami Page I Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Chair Russell: We'll now do the presentations and proclamations. I believe we only have one; that's correct. Mayor Francis Suarez: Thank you, Mr. Chair. I am not on medication, just to be clear, or surgeries, but I do have to leave early today at lunchtime. (Presentations and proclamations made) I_1►yise1»:Z01T/1►Leal: 14Ly, IIki11j1mmelam: 1;870741101T 11k[elJ,14AII►[e�1 AMA ORDER OF THE DAY City Commission - Planning and Zoning - Apr 25, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: All right, let's go ahead and take up the CA (consent agenda) -- I'm sorry. We got a few things to do. Like I said, I'm a little out of sorts. Can I get an approval of the minutes from the Planning & Zoning -- Commissioner Reyes: Move it. Chair Russell: -- agenda of April 25, 2019? Commissioner Reyes: Move it. Chair Russell: Moved by Commissioner Reyes; seconded by the Chair. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Chair Russell: All right. We have a long day ahead of us, with a very full agenda and many important items. I'm a little bit under the weather. As you can see, I've got a broken wing here. I had surgery six days ago now. Let's just say, I'm heavily medicated. So we're going to see how the day goes. But in all seriousness, I've never experienced what it's like to go through -- someone who's taking opioids, who has just had an injury or a surgery, and what that does to your mind and your body. I'm going through that right now, and it's really, really hard, because I'm out of pills. Today's my last -- yesterday was my last day, and I stopped, because I knew I'd need them today, and I want more, and I need more, and my doctor won't give me more, because he's a good doctor. Vice Chair Gort: He's smart. City of Miami Page 2 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: But I'm having withdrawal issues. I'm having clarity of mind issues, so let's make some legislation; see how it goes. But you know what's on my mind? And I've never said it on the record, but I really see the need for alternative medication -- medication alternatives in the City of Miami. The State of Florida, the voters approved medical mar�uana in this State. The City will not allow dispensaries, unless we change our Code to do so, and that's something that I've asked our City Attorney to look into. And now, more than ever, with what I'm going through, I see how very normal people who don't have psychological issues, who don't have drug issues, can get pulled into addiction and be part of the opioid crisis, and it is a crisis in our City. So pardon me for anything I stumble on today, but we're going to get through it, and we're going to have a great day. Mr. City Attorney, would you please read the rules for the day. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office, or online at municode.com. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, 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 ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at miamigov.com. No cell phones or other noise -making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on the items on the agenda today. Would you like to go through the deferrals? Chair Russell: No. Thank you. Later... City of Miami Page 3 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Good morning, fellow Commissioners. At this time, we'll ask for -- the Administration for any items that they'd like to withdraw, defer, or substitute. Joseph Napoli (Deputy City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Clerk [sic], and Mr. City Clerk. At this time the Administration would like to defer or withdraw the following items -- actually item: To be withdrawn, PH. 3, road closure for Silver Bluff. Commissioner Carollo: (UNINTELLIGIBLE)? Mr. Napoli: Yes. To be withdrawn -- Commissioner Carollo: To be -- Mr. Napoli: To be withdrawn, PH.3. Commissioner Carollo: PH3 (UNINTELLIGIBLE). Mr. Napoli: PH.3 will be withdrawn, yes, sir, and that is the only item. Chair Russell: Thank you very much. Commissioners, are there any items you'd like to see from the morning's agenda deferred, withdrawn? Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: Commissioner Carollo is asking for Ultra, withdrawn; that's RE3. Are there any other items? All right. Is there a motion to that effect of withdrawing both PH3 and RE.3? Commissioner Carollo: There's a motion. Chair Russell: Moved by Commissioner Carollo; seconded by Commissioner Russell -- by the Chair. Is there any discussion? Commissioner Reyes: Yes, sir. Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Yes. I would like to know why [sic] was the reason, Commissioner Carollo. Commissioner Carollo: Well, first of all, the contract that has been made has a lot of questions, and we don't have a full scope into the real expenses. I need to sit down one on one with the City Manager himself so that I could get a lot of answers, financial and otherwise, on that contract, beginning as to who wrote the contract and the procedures that were followed. Commissioner Reyes: Commissioner, I do have questions about the contract, and -- Is anybody from Ultra here? Are you representing Ultra? Because I have some questions on the contract and who made the contract, and the concessions of the contract, certain -- and I want to know if the process is being followed, you see. What is the process for any event in any of the parks? Chair Russell: Commissioner -- in just a moment, I'll recognize Commissioner Gort -- I would like us to not get into the substance of the item -- Commissioner Reyes: Okay, okay, okay, okay. City of Miami Page 4 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: -- and speak simply to whether or not -- Commissioner Reyes: But we -- Chair Russell: -- as an order of the day to withdraw or -- Commissioner Reyes: To withdraw, okay. Chair Russell: -- not, as is requested by the motion. Commissioner Gort. Vice Chair Gort: My understanding, there's a lot of questions on the contract. For example, my understanding is, we can -- Commissioner Reyes: Defer. Vice Chair Gort: -- take the contract away, but it takes five votes to do so, a full Commission. Commissioner Carollo: Just -- Vice Chair Gort: There's a couple of things in this -- Chair Russell: Unanimous. Vice Chair Gort: -- contract that has to be changed. It has to be unanimous. Commissioner Reyes: But I said that we should defer it if we're going to (UNINTELLIGIBLE) -- Chair Russell: So out of courtesy -- Commissioner Reyes: -- (UNINTELLIGIBLE) we do it. Chair Russell: -- to the sponsor of the item, which is Commissioner Hardemon, I do believe we should wait to take this up -- Commissioner Reyes: That's right. Chair Russell: -- until he's here. Commissioner Reyes: Let's wait until -- hear from him. Chair Russell: Is that all right, Commissioner Carollo, that we table that withdrawal? Commissioner Carollo: I have no problem. Chair Russell: Yeah. I think that's the appropriate thing to do. So let's just look at PH. 3, which is the road closure of Silver Bluff. Is there a motion to --? Commissioner Reyes: Move it, because it's going to be replaced by another (UNINTELLIGIBLE). Vice Chair Gort: Second. Chair Russell: Right. So -- City of Miami Page 5 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: This is the road closure in -- Commissioner Reyes: On 24. Commissioner Carollo: -- your side of Silver Bluff? Commissioner Reyes: In my side; not yours. Chair Russell: Yes. Vice Chair Gort: Second. Chair Russell: There's a motion to withdraw by Commissioner Reyes -- Commissioner Carollo: Second. Second. Chair Russell: -- sorry -- seconded by Commissioner Gort. Is there any further discussion on that? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. The rest of the morning's agenda stays the same. The afternoon's agenda, starting at probably around 2:30, will be taken up at that time. Commissioner Carollo: Chairman, I'd like to ask that we do break at 12, as we're supposed to. Chair Russell: Yes, sir. Commissioner Carollo: I know that the last time was a little different. We went quite over for about an hour, but I do have to attend to some things at noon, so I have to break at noon. Chair Russell: Understood. We have a long agenda, and I'm optimistic. I think we'll -- we will break as per regular -- Commissioner Reyes: We'll be here until 2 o'clock -- Chair Russell: -- procedure at noon. So -- Commissioner Carollo: 10. Commissioner Reyes: -- in the morning. Chair Russell: -- if there's no other procedural items -- Vice Chair Gort: Mr. Chairman? Chair Russell: -- for order of the day -- Vice Chair Gort: Just remember, at 12 o'clock, we have a CRA (Community Redevelopment Agency) meeting. Commissioner Reyes: Yes. City of Miami Page 6 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Yes. And are we taking the CRA at noon or before we come back from lunch? We'll deal with that later. That's also Commissioner Hardemon. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: If I may, I would like to co-sponsor a couple of -- Chair Russell: Yes. Which ones would you like? I don't have -- Commissioner Reyes: The one on the -- disable job training. I will have to co- sponsor that -- I mean, that -- Chair Russell: Item number, please? Commissioner Reyes: CA. 1. PH 1, the housing also (UNINTELLIGIBLE), I would like to co-sponsor that. Chair Russell: Got it. Commissioner Reyes is choosing -- asking to sponsor CA.1 and PH. 1. That's no problem at all, of course. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Russell: All right. So why don't we open the floor for public comment? Let's go ahead. Anyone who would like to speak on any of the morning's agenda items -- not the Planning & Zoning agenda items, but the morning's agenda items -- that's the CA (consent agenda), PH (public hearing), RE (resolution), FR first reading), and DI (discussion item) agenda items -- please approach the lecterns. Go ahead and line up on both lecterns, if you'd like to speak on any one of the morning's agenda items, non -Planning & Zoning. Each of you will have two minutes to speak. Commissioner Carollo: Mr. (UNINTELLIGIBLE) -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- Mr. Assistant City Manager? Commissioner Reyes: Napoli. Commissioner Carollo: Mr. Napoli, is the Manager here today? Joseph Napoli (Deputy City Manager): He is not, sir. Commissioner Carollo: Okay. Will he be here at the meeting? Mr. Napoli: For the meeting today? Commissioner Carollo: Yes. Mr. Napoli: He will not. Commissioner Carollo: He will not. Okay. If I may ask -- I'm just a Commissioner, so I know that I have less rights than a regular citizen to ask, but if I may ask, why is he not here today in City Commission meeting? City of Miami Page 7 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Napoli: He has a -- he's on a prescheduled meeting that he had in Washington - - meetings that he had in Washington, DC (District of Columbia) this week. Commissioner Carollo: And I'm surprised that he would have prescheduled meetings on a Commission day. If I may ask, what meetings are they? Mr. Napoli: The meetings that he has? Commissioner Carollo: Yes. Mr. Napoli: Just off the top of my head, Commissioner, he's met with the Congressional Delegation -- South Florida, and the State Congressional Delegation; the Secretary of Transportation; the Acting Secretary of DHS (Department of Homeland Security); Assistant Secretary of State for INL (Bureau of International Narcotics and Law Enforcement Affairs), where he was talking about support for our police; the Department of Veterans Affair -- the Secretary of Veterans Affairs, and there's several other meetings; I just can't recall right now. Commissioner Carollo: And we couldn't have the Manager schedule those around Commission day? Mr. Napoli: I can't answer that question, Commissioner. I do know that because of the Congressional schedule and the availability, this was the week that was scheduled well in advance. Chair Russell: All right. Well, let's please move on. Later... Chair Russell: For public comment, please balance both of the lecterns; each person will have two minutes to speak. You'll hear a little beep when there's about 30 seconds left. That's your signal to start wrapping it up. We do try to have courtesy for everyone, so as you get to the end of your two minutes, please do abide and finish up with a final sentence there so that we can move on. Please state your name, state the item you're speaking to; and you don't have to, but you can state your address, where you live. So we'll start right here, please, and then we'll alternate lecterns back and forth. Luis Cedre: Hi. My name is Luis Cedre. I'm with -- I'm a -- Chair Russell: Please pull the mike up. Mr. Cedre: My name is Luis Cedre. I live at the 1700 Block of 24th Terrace. I'm here to ask you guys to defer, or even amend, this RE 9. It has no time restraint for the County to make a decision. Also, I've been requesting for about a hundred days the physical daily count of how many cars filter through at the 1700 Block of 24th Terrace; nobody has given it to me. I called the engineering firm; they have it. All they need is a little letter from the City, and they'll be able to provide it. So it's something that should have been given to me a very long time ago. I've put up cameras from 7 a.m. or 8 a.m. to 7 p.m. I counted over 2,098 cars. My camera doesn't get the night vision. That's abusive. That's abusive. The situation on 24th Terrace is not just during the week; it's not -- it continues on the weekend. These trident reports are measuring -- what? -- 1, 600 cars during peak hours? Four hours of the day, you guys are measuring 14 -- 1,600 cars. That's absurd. It's disrespectful. We have close to 15,000 cars filtering through Southwest 24th Terrace weekly. When is the abuse going to stop? You're sending it to the County; no time restraint; no nothing. The Mayor has offered $2 million to do a citywide City of Miami Page 8 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 traffic study. We have the information. If we get the information properly that's being requested, you guys can go ahead and do some sort of peer reviews, hire some independent firms. Anything. It's ridiculous. Why are we going to shift this away? Doesn't make sense. I've also done videos on other streets, where people compare themselves to us. Trust me; there's no comparison. Chair Russell: Thank you. Commissioner Reyes: Luis -- Chair Russell: Thank you. You have a comment, Commissioner Reyes? Commissioner Reyes: Yes. Luis, that information that you requested, we requested it also. Yesterday we just received it. Okay? If you want that information, go by the office, and you're going to get it. But we were after that information too. Okay? Mr. Cedre: All right. So that -- Commissioner Reyes: Just go by and get it. We just received that information -- Mr. Cedre: I'll be glad -- Commissioner Reyes: -- because we wanted to know also. Okay? Mr. Cedre: I'll be more than happy to do, but again -- Commissioner Reyes: Okay. Chair Russell: Thank you. Mr. Cedre: -- this is something that needs to be studied. Chair Russell: Thank you very much. Commissioner Reyes: Sure. Chair Russell: Next speaker, please. Jim Boyd: Good morning. My name is Jim Boyd. I'm director of Multifamily Development for Royal American. We're here on behalf of Citadel Village. We're co -developer with Citadel Village, with the Haitian American CDC (Community Development Corporation). It's a 96 -unit affordable housing project on 82nd Avenue [sic] in Little Haiti. Royal American has been developing, building, and managing affordable housing for over 50 years in the State of Florida. We currently have two projects under construction in Miami -Dade and manage over 5, 000 units. This project, Citadel Village, was awarded a "SAIL" (State Apartment Incentive Loan) Award from Florida Housing Finance in 2017. The last couple of years, this project has not been able to move forward. Royal American was brought in the last 60 days to try to get this project to either move forward or have to turn back in the SAIL allocation. Right now we're approximately $6 million short. We had applied for GOB (General Obligation Bond) funding. We're here on behalf of PH.2 today, and we're looking for your help in getting these units. As you well know, Miami has a significant shortage of affordable housing. This project has an allocation of SAIL dollars from Florida Housing. If it is not used timely, it'll be turned back in, and this project will not get built. Vice Chair Gort: I'm sorry. What's the name of the project? City of Miami Page 9 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Boyd. Citadel Village. Commissioner Reyes: Citadel Village. Mr. Boyd: We're partnering with the Haitian American CDC. It's where their current office is. It will be built on their property, and they will be the owner. Chair Russell: Thank you very much. Next speaker, please. Samuel Dubbin: Mr. Chairman, members of the Commission, I'm Sam Dubbin, representing the Downtown Neighbors Alliance. Commissioner Carollo raised a question about the many issues raised by the Ultra agreement; the inconsistencies, legal issues, and the like. A number of downtown residents are here to address that, but there was a motion to withdraw that today. And we were wondering, now that all the members of the Commission are here, whether that motion to withdraw should be considered before the -- you know, the entire downtown community comments, because they're all here to speak. Chair Russell: No. We'll do public comment first. We're in public comment. Mr. Dubbin: I'm going to -- can I let the members speak, and then I'll address it, the issues, in a moment? Chair Russell: Yes, of course. So you'd like to table your time? Mr. Dubbin: Yeah. I'd like to return to address the -- if it's not going to be withdrawn now, I would like to speak when -- after others have. Chair Russell: Understood. Mr. Dubbin: Thank you. Chair Russell: All right. Thank you. Good morning. Bertha Crucet: Good morning, Chairman, City Commission -- City Commissioners, City Manager, and Mayor. My name is Bertha Crucet. I live at the Grand, 1717 North Bayshore Drive. I'm an employee of 20 years of Merit International, specifically at the Miami Marriot Biscayne Bay, and I'm here to talk to you about -- today about the impact that Ultra has on our City. It creates jobs. It maintains job. It provides hours for our associates, and those of the hoteliers, the restaurants, and the shops downtown. I've had the privilege to be at the Marriott Biscayne Bay since 1999, and I've lived at the Grand for the last 13 years. In '99, as all of you know, there was nothing in downtown. It was actually quite unsafe. And I've had the opportunity to watch as everything that our City has grown and developed to be the world-class City that it is, with all of our citywide events and events that us hoteliers and the CBB promotes to bring to our City, again, to generate tax dollars, to generate jobs, and keep our employees working. I ask you, please, as a citizen, as well as a resident, an employee of downtown Miami, that you take into consideration all of these factors, and please help us bring back Ultra to downtown Miami so that we can continue to have these type of events in our City. Thank you. Chair Russell: Thank you very much. Next speaker, please. Sara Arroyo: Good morning, Mr. Chairman. Good morning, City Commissioners. My name is Sara Arroyo. I have been a 50 Biscayne resident since 2015. I was able to address the Commission back in September to ask for a "no" on Ultra. I am here City of Miami Page 10 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 again; the only difference being, I am now three months pregnant, with a due date of January; two months before Ultra is scheduled to happen. Chair Russell: Congratulations. Ms. Arroyo: Thank you. I have lived in downtown for four years, and 2019 has been so far the best of them all. The park has been in impeccable conditions, and neighbors, local visitors, and tourists have been able to enjoy every minute of it. I could give you dozens of examples of how Ultra impacts my life, but at this point, you have heard it all. I will not accept again walking through an obstacle race for months, hopping over construction materials, broken sidewalks, and being pushed to the streets after lane are left with sufficient space to walk in. We will not accept being a prisoners --prisoners in our own homes for a complete weekend, and having to request the company of security guards if I need to leave my apartment to walk my dog. I am tired of my window shaking and dealing with a noise that is so unbearable, I can hear my dinner plate shaking. I am tired of that nauseating urine smell left on the intersection between the InterContinental and Biscayne that is impregnated for weeks after the porta potties are removed. I can go on and on. As a resident of Miami -Dade, I have the right to quiet enjoyment in my home, as all of you do. I do not wish downtown to become a suburb. I moved to downtown because of its vibrancy, Bayfront Park, and its community. I applaud bringing Iron Man, Water Palooza, marathons, an event that promotes the wellbeing and health of our community. If you decide 'yes " on Ultra today, you'll be forcing me and others from downtown. Please understand; you will be making a decision that has a huge impact on our lives and will define the course of action I and many others will need to take in the year to come. So I kindly beg you, please vote "no " on Ultra. Thank you. Chair Russell: Thank you for your comments. Next speaker, please. Good morning. Christina Boomer -Vazquez: Hi. Good morning. Christina Boomer -Vazquez, and I'm here to cede my time to Julia Pulles. Julia Pulles: Hi. I'm Julia Pulles, and an owner in Silver Bluff. Before I begin, I really want to thank you, Mayor Suarez and Commissioner Reyes. Your tireless efforts have not gone unnoticed. Please, I want to thank you from the bottom of our hearts. Now, with regard to the issue that we have in hand with regard to RE.9, the dangerous cut -through traffic in Silver Bluff needs immediate attention. Silver Bluff, as we all know, is a very vibrant city. It is centrally located, and it's rich; not only in its culture, in its history, in its homeownership. This is not a transient neighborhood. The flaw appears to be in an understanding of what the streets are in Silver Bluff. They're streets. They're not roads. And unfortunately, this misconception, as further defined in the Florida Department of Transportation, which says, `Access to residential neighborhoods" -- and quote/unquote -- "discouraging food traffic movement at high speeds has been totally dismissed. " Silver Bluff and its -- because of its prime location, it's rendered itself to cut -through traffic. I was at my family member's home on 25th Terrace during the Ultra event. No less than three buses sped through that street; nearly ran over my son-in-law, nearly ran over his dog. I was there with my granddaughter. Not a happy moment. Totally unnecessary. Why did this happen? Because they could. Why did this happen? Because there's absolutely no deterrent to stop this incredible traffic that's in the hundreds of thousands going down these little residential streets. Again, they're streets and not roads. Just on 22nd Terrace, I was pulling out of my driveway, and had it not been for the contractor that was working on my neighbor's home, who flagged me, I nearly was broadsided. Why? Because a car came flying in from Coral Way off of 21st Avenue and just whipped around the corner and nearly broadsided me. This is unacceptable. There's stories upon stories. Given all the real-time postings of rollovers, accidents, and high speed cut -through traffic in Silver Bluff, no one can City of Miami Page 11 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 say that they do not understand or that there isn't a problem there. There currently is. Unfortunately, the way this Resolution 6038 is written has some issues that they cannot pass. First of all, it says that one of the remedies is conversion of streets to one way. This is a problem, because according to the US (United States) Department of Transportation/Federal Highway, "One-way streets tend to have higher speeds, " quote/unquote. Another quote: "Some places are returning one- way streets back to two-way streets. Why? To allow better local access to slow traffic, " quote/unquote. Chair Russell: Just a moment, ma'am. Mr. Clerk, did you set up four minutes on that speaker? And four minutes have elapsed? Todd B. Hannon (City Clerk): (UNINTELLIGIBLE). Chair Russell: So you're adding two at this point, right? Thank you very much. I apologize for the interruption. You may continue. Ms. Pulles: No worries. This language is further inconsistent with the definition of "traffic mitigation resources, " such as, converting one-way streets into two-way streets forces the traffic to close in proximity. So again, based on the definition alone and its implication, it is absolutely incorrect, and it needs to be stricken. There's also a Washington Post article, in addition to many other articles. This one in particular is entitled, "Why one way -streets are bad for everyone, except for the speeding cars. " It states, quote/unquote, "Then 2011, Louisville converted two one- way streets near their downtown area, and they put them back to two-way traffic. What did they find? That the two-way streets" --as currently exist in Silver Bluff" quote/unquote -- "traffic collisions dropped 36 to 60 percent, respectively. " Quote, "Crime dropped about a quarter on those streets, despite it rising in the City. " Quote, "The property values rose, as did the business revenues. " And quote, yet again, "They spent less money on our first responders having to attend to traffic issues and accidents that occurred on those streets. " The engineering reports that were or were not reviewed to do this Proposition 6038, RD.9 [sic], fails in this regard. In addition to that, there is a broad -brush language of any and all other options that the County may consider. Given the lack of review of current engineering reports, that has to be stricken. You are our lawmakers. You have and will continue to have the charge of our safety. You need to have the people to take the time to research and properly define what exact traffic -calming measures can and will be implemented, spelled out, review current information; not the archaic failed procedures, and provide a defined time period, from start to finish, in order to get this project done. The life and safety of our residents is in your hands, and we appreciate everything that you're doing. Chair Russell: Thank you very much. Ms. Pulles: You're more than welcome. Chair Russell: Next speaker. Santiago Peredo: Good morning, Chairman. Good morning, other members of the Commission. My name is Santiago Peredo. I'm a resident of 50 Biscayne. I've been living in downtown for seven years now; three as a renter, and now four as an owner. The reason I'm here is to discuss the negative impact that Ultra has had in my life and my wife's, as well as other residents. I'm in the real estate business, and I know how important, like, small decisions are in creating value for real estate. In this case, I bought a home with, like, idea that it's going to appreciate over time. However, like, the only way for it to do so is by having, like, good schools, good services, and, like, a neighborhood basically that people want to live in. If you City of Miami Page 12 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 approve Ultra, it's going to, like, make exactly the opposite. Nobody wants to live across a park that cannot be used for six months out of the year. That obviously creates a negative impact in the value of my property, as well as the value of the property of other owners. Just to give you an idea, a S percent decrease in value, it will signify, like, give or take, 3 to $400,000 in less revenue for the City; like, because if you cannot increase values, you cannot increase property taxes, so less property taxes has a negative impact on me, as well, by not having enough money to reinvest in schools, infrastructure; you name it So that is, like, why I am requesting from the Commission to vote "no, " and to benefit not only the neighbors that are here to speak, but even to benefit the City overall by being able to collect more taxes, which will benefit everybody on the long term. Vice Chair Gort: Mr. Chairman? Mr. Peredo: Events like -- Chair Russell: Commissioner Gort --just a moment --has a question for you. Vice Chair Gort: I think it's important, what's inhere today is defer. You don't want us to -- not to defer, right? That's not what you want. Mr. Peredo: Wantyou to, like, ifpossible, to make a vote on -- Vice Chair Gort: Do it now. Now. Chair Russell: You'd like to see the item heard and voted down, in your opinion -- Mr. Peredo: Yes. Chair Russell: --for quality of life reasons? Vice Chair Gort: Okay. You don't want to defer then? Mr. Peredo: No. Vice Chair Gort: Okay. Mr. Peredo: So thank you. Chair Russell: Thank you for your comments. Good morning. Leticia Pelaez: Good morning. My name is Leticia Pelaez, and I live on 23rd Avenue and 22nd Terrace. I'm here to speak on behalf of the Silver Bluff Homeowners Association for our President, who couldn't be here today. So we start with Mayor Suarez. Thank you so much for your continued support in the struggle to bring relief and safety to Silver Bluff neighborhood. You know very well how serious our problem is and have heard our cry of this community for many years. Weare very appreciative of all the hard work you have done along --for eight years to help us find solutions together with Capital Improvement Department and all those that helped with our life safety issues. As you can recall, we collected in a short period of time over 600 signatures from residents of Silver Bluff, trying to save the 22nd Avenue Project. Unfortunately, being an election year, then -Commissioner Bruno Barreiro chose to have the pilot program shut down early on without giving it an opportunity for adjustments. Commissioner Reyes, thank you for your list -- for listening to the pleas of the residents of 24th Terrace and for pushing for a resolution and solution to stop the ever-increasing cut -through traffic in Silver Bluff. As you are aware, 24th Terrace has become an extension of US 1. Not only do these cars City of Miami Page 13 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 speed, but the volume continues to grow. The reality is that the speed tables, circles, and four-way stop signs have not deterred the volume of cut -through traffic for 22nd Terrace, 23rd Street, or 24th Terrace; they continue and will continue to be the preferred route for those seeking a faster route. Please understand that this community has and will continue to seek restoration of quality of life and safer streets. We are a suburban neighborhood and should be treated as one. Please give us the same considerations that has been allotted to Coconut Grove, Coral Gables, Coral Gate, and all other communities that benefit from safe streets by approving the various approaches of full closures, partial closures, or any other means to have a safe residential street. Chair Russell: Thank you very much. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Let me just inform -- and I know -- let me tell you, I know what you're going through, and this is -- that this is the reason of this, because -- I mean, I couldn't stay without doing anything, but what I'm trying to do is trying to force a hand of Miami -Dade County, which owns our street, and the Mayor knows that. And as a matter of fact, I have -- I requested that Alice Bravo and one of the engineers be here when we are going to be discussing this item, and we will be informing them once again, because I already met with the Mayor, Alice Bravo, our department, and their Department of Transportation, trying to find solutions. And we want to hear from them, and I want you to hear from them what are those possible solutions. You see, when you read all the list of possible solutions -- you see, what I'm trying to do is to tell them that every single possible solution should be, I mean, analyzed, but that we have to find some relief for your streets one way or the other. Chair Russell: Commissioner Reyes, may we take up the rest of the discussion during the regular meeting --? Commissioner Reyes: Okay. I'm just telling you that Alice Bravo and representatives from Miami -Dade County are going to be here, and maybe you can express that to her -- them, too. Ms. Pelaez: Thank you, Commissioner. Chair Russell: Thank you, and I'm sorry to interrupt. I just -- everybody's on their feet, and I'd like us to hold -- Commissioner Reyes: Yeah, but I -- Chair Russell: -- our comments until discussion of the item, unless it's a specific question for the person. Commissioner Reyes: It was just an (UNINTELLIGIBLE). Chair Russell: Thank you. I appreciate it. Next speaker, please. Oh, sorry. You're up. Thank you. Arlene Ramsingh: Good morning, Mr. Chairman, members of the Commission. My name is Dr. Arlene Ramsingh. I'm a resident of downtown. I live at 50 Biscayne. I'm here today to ask you to vote "no" to Ultra returning to Bayfront Park. My reasons for asking you to vote "no ": Ultra at Bayfront Park damages our homes. City of Miami Page 14 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 We know this from a sound study that was done at 50 Biscayne. Ultra at Bayfront Park violates our property rights. Ultra at Bayfront Park damages our health. Ultra at Bayfront Park damages the park. Those of us who enjoy using the park frequently -- we like to walk there. We like to ride our bikes. We like to run. Those of us who use it frequently, Ultra at Bayfront Park closes the park for months at a time. It negatively impacts our health and wellbeing. So in closing, I hope you've heard the concerns of all of us here today, the downtown residents, and that you vote "no " to Ultra returning to Bayfront Park. Thank you. Chair Russell: Thank you for your comments. Good morning. Mark Boomer: Good morning. My name is Mark Boomer. I defer my time to Chrissy. Chair Russell: Four minutes, please. Chrissy Rabi: Good morning, Mayor, Commissioners, and all involved. I am a resident of 1811 Southwest 24th Terrace. My name is Chrissy Rabi. I was here at the last meeting when the resolution for Silver Bluff was announced. I can't even believe the amount of traffic I've been getting as I am receiving a much-needed traffic table. It's wonderful. Thank you so much for allowing us to have that. We've had four-way stops at my intersection that turned into a circle; no relief in either one. The traffic table is now causing my street to be closed. There is a sign on the circle that says, "Detour. " Beyond the circle, traffic closed, couple houses after mine. The amount of traffic I am getting is ridiculous. Why am I getting it? Because I live right off of US I and 17th Avenue. Point and final, people are cutting through our neighborhood. That's all there is to it. We've had a lady say, "But the new app says I can go this way. " These are not residents. This is a residential area. I want to be able to walk my dogs on a regular basis without having the threat of being run over; twice yesterday. I can name it every day. 100 cars per hour? 200 cars per hour. That's residential, local, collector streets. We get that in 5 to 10 minutes. I don't know how many other times it has to be said, "24th Terrace receives more traffic than anyone, because we are the first street. " Point and final, our neighborhood is suffering, all of it; 24th Terrace, for the most part, but all of it. There are very easy solutions; maybe not to the County, but I think within the City, there are solutions that we can come to without having to go to the County. The County is the last step. At that point, they can just say, "Well, we will provide the traffic engineering devices, but you guys go ahead and okay it. " That's what I'm asking for this City to do, because I don't see why we cannot have barriers, chicanes, street signs saying, `No Left Turn. " On our streets specifically, if we had the closure from 17th and 24th, and something happened on the residential and commercial side of 27th Avenue, all the way down, there would be no reason for cut - through traffic; it would be residents coming home, period. I do not want to live in a community where I cannot walk, bike, run, crawl, visit a neighbor. Right now I can't even do that with a closed street, because of a traffic table. It's absolutely insane. I speak very, very passionately, because it is something that is important to me. I was born here, bred here; I've lived in Silver Bluff for 25 years. I love my neighbors and my community, and I want to see better for them. I want to see better for me. I don't want to be a victim of an accident; I already have. I've spoken of that before within the City of Miami. I don't want it to happen in my district, and I think that something can be done before anything countywide is decided. And I --please, I'm begging, I'm asking for relief. We need relief. Thank you so much. Chair Russell: Thank you very much. Don't trust Waze. It's still thinks we have red light cameras. Go ahead; next comment, please. City of Miami Page 15 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Rebecca Yu: Hi, Commissioners. My name is Rebecca Yu. I am a resident of 50 Biscayne, downtown resident. And why are we here again? I don't understand why this Ultra agenda has been brought back to the City discussion. We already voted down -- you all voted down last year unanimously, so we know Ultra is not for downtown residents or downtown, period. It's too huge. It's too much traffic. There's too much damage. It destroys our parks. And why are we revisiting this over and over? That's the definition of "insanity." We want our life back, just like what we had this year and last year. Life is beautiful. We can sleep in peace. We can walk our dogs. We can enjoy the greenery. So we don't look at a war zone day after day. So please vote "no" today. Let's not delay this decision, because it's not going to work. It's not going to go -- work going forward, because we have residents, we have a voice, we pay taxes, and we vote. Thank you. Please vote "no " today. Thank you. Chair Russell: Thank you. Good morning. Iuliia Burtseva: Good morning. My name is Iuliia Burtseva. I'm also a resident from downtown Miami. I'm here to voice my support for Ultra Music Festival to stay in Miami, and specifically, back at its birthplace, Bayfront Park. I have been living in Miami for nine years, and I have been living in downtown with my husband over five years. We both have been to Ultra several times to enjoy the music, top performance, to celebrate the community and the beauty of this international tropical city, and I have to say that my husband is in his 40s, and has a blast. Bayfront Park, with its permanent amphitheater and green spaces, is a natural venue an event of this kind. It's practical, it's centrally located, and it's easily accessible by public transportation, which all contribute to its success. It is also amazing to see how Ultra puts Miami in the international spotlight with all people from all over the world and the US coming to spend a few days and dollars to have a good time. Most of these people came not only for festival, but also to spend few additional days to explore South of Florida. So the impact can be felt not only in Miami, but also in the region. And after so many additions in downtown Miami, Ultra Miami is recognized as one of the landmark event, attracting probably more people and more money than Art Basel, boat show, or other any event [sic// I have heard some of the comments and complaints from other neighbors, but I listen that they are not seeing a big picture and in perspective. For example, traffic gets affected, but it's only for few hours during three days. The event does an amazing job of cleaning and clearing the streets and the area after event close, life goes back to normal that Monday. Chair Russell: Thank you, ma'am. Thank you for your comments. Time's up. Ms. Burtseva: Thank you. Chair Russell: Thank you. Good morning. Barry Duceman: Good morning. Hi. Chair Russell: Thank you. Mr. Duceman: Good morning, Commissioners. My name is Barry Duceman. I'm a resident of 50 Biscayne in downtown Miami, and I'm here to speak in opposition to the reintroduction -- Chair Russell: Microphone, please. Mr. Duceman: Okay. Chair Russell: Sorry about that. City of Miami Page 16 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Hannon: And if the speaker could give his name again. Chair Russell: Your name, please, and the item you're speaking on. Mr. Duceman: My name is Barry Duceman. I'm speaking to the -- Item RE. 3. Chair Russell: We can't hear you very well; I apologize. Mr. Duceman: Okay. I'm speaking to Item RE 3, against the introduction -- Unidentified Speaker: State your name again. Mr. Duceman: Okay. My name is Barry Duceman. I'm the resident of 50 Biscayne in downtown Miami, and I'm here to speak in opposition to the reintroduction of Ultra to Bayfront Park. First, I'd like to thank the Commission members for its vote last year against holding the Ultra Music Festival in Bayfront Park, because it was very nice to be able to spend that spring in the park with my family for those months. Folks that -- are here today presenting their concerns about Bayfront Park and the effects of introduction of Ultra to Bayfront Park, the effects on their homes or their lives. I also care about the downtown neighborhood, which is showing potential for a renewed vibrancy. There are major hotels coming online, the Brightline has arrived, there are several new restaurants and bars downtown, and we even have our own movie theater. One other point I'd like to add to the list of reasons why we should be not allowing Ultra to perform in Bayfront Park is that according to the professional organization, City Parks Alliance, continued revitalization of downtown areas depends on the continued attraction of entrepreneurs, small businesses, and workers with their families. Studies show that among the features that attract workers and entrepreneurs to an area are lifestyle amenities. Studies further show that one key amenity for urban workers is the availability of accessible green spaces, like Bayfront Park. So since Ultra in Bayfront Park causes it to be unusable and inaccessible for months on end, a vote against the return for Ultra to Bayfront is a positive incentive for those considering downtown for business or a place to live. A vote against the return of Ultra also shows that the Miami Commission understands and responds to the concerns of downtown residents and will act in their best interest. For this and the many other reasons presented on this topic, I ask that the Miami Commission vote against the resolution to bring Ultra back to Bayfront. Thank you. Chair Russell: Thank you for your comments. Jason Miller: My name is Jason Miller. I reside at 730 Northeast 86th Street, in the City of Miami. I wanted to thank the Commissioners today for providing us the time to speak. I would like to first start off by telling you that I was never a fan of Ultra Music Festival. I had a chance to attend a Sunday night six years ago. The unity, amount of people from different countries, some even at war with each other, with each -- I'm sorry -- the respect among patrons, high energy of music, our amazing City skyline, tied in with the venue, has since made me a huge fan of Ultra Music Festival. It goes back to what we were taught as children: `Do not judge a book by its cover. " I never thought I would have liked Ultra. However, it has been a positive life -changing experience for me personally and also to the tens of thousands of people who also attend Ultra. As a full-time event planner, I am the Race Director for the Fort Lauderdale Marathon; United States Army Marathon of Fort Bragg, North Carolina; United States Navy Air Force Marathon in D.C. (District of Columbia), in addition to other running events in the United States, even some here in our City of Miami. The $180 million in annual revenue Ultra brings to our City has a huge impact and positive on our residents and local businesses. Unlike the City of Miami Page 17 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 2020 Super Bowl multimillion -dollar bill to the Miami -Dade taxpayers, Ultra cost us taxpayers nothing. I feel it should be welcomed back to Bayfront Park. I've seen Ultra work very hard, making proper changes in the past few years as to hiring Ray Martinez, changing the event to 18 years of older, a no -drug policy, no -smoking policy, and added on security, as well as a huge fencing around the venue. I have never seen a fight at Ultra, and that is very, very uncommon for an event that serves alcohol with 40,000 daily attendees. People who have long lived in the downtown area became used to Ultra Music Festival. It's only the residents -- the newer residents and the newer condos that are against Ultra. Vice Chair Gort: In conclusion. Mr. Miller: I'm sorry? Vice Chair Gort: You got three minutes -- three seconds. Mr. Miller: Okay. I just ask that you support this event, and I do wish that we do vote in favor of the event. Vice Chair Gort: Thank you, sir. Thank you. Mr. Miller: Thank you. Vice Chair Gort: Yes. Mario Abati: Hi. Abati. Hi. Good morning, everyone. I'm here to discuss Discussion Item Number 2, the unsolicited proposal for the Olympia Theater in downtown. My name is Mario Abati, and I'm one of the founders of New Urban Initiative, the solicitor who drafted the proposal. The initiative is a nonprofit organization that seeks to acquire cash flow in commercial real estate assets, whereby over 50 percent of the net proceeds go back into the community, go back into local nonprofits to help the community. We propose to do a complete renovation of the theater, and as well as turn the existing tower into an 80 -room boutique hotel. I have shared my proposal with many of you at this point, and would love to talk about it more, but for now, I would love your approval for Discussion Item Number 2's approval. Thank you. Vice Chair Gort: Thank you. Yes, sir. Commissioner Carollo: What item is that that you're talking about? Mr. Abati: Discussion Item Number 2, the unsolicited proposal for -- Vice Chair Gort: Unsolicited proposal. Commissioner Reyes: Oh, discussion item. Commissioner Carollo: Okay. Vice Chair Gort: Yes, sir, you're recognized. Mr. Abati: Thank you. Albert Gomez: Thank you, Commissioner Gort; Mayor, if you're still here,- Commissioners, ere;Commissioners, staff, thank you for allowing me to speak. I am speaking on several issues. I noticed a panoply of bond ordinances on the agenda today, and the Ultra kind of harks to them as well, along as some afternoon agenda items, like PZ. 11, the City of Miami Page 18 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 SAP (Special Area Plan) for Magic City. So a combination of all these ordinance, I'm noticing something, which is, one, this is a body, so everybody has the freedom to bring back certain ordinances as such, but as a body, you guys negotiate, you communicate. You set standards on what your lines are, and those are clearly stated. And if someone decides to bring back an ordinance or a resolution, I thought, from a collegial nature, what you would be doing is honoring the standard that you've already addressed in this dais in negotiation, in public; instead, the Ultra presentation is coming forward with none of those qualified. So I'm not against Ultra. I'm just against what's happening in here. You guys are bringing up ordinances and turning back the clock, like things didn't happen up here. We were all here listening to you guys negotiate things, and then it's out the door. And if you allow me a couple more second on the community -- on the obligation bonds, there are stated comprehensive plan directives which you have from the City Manager and from different compacts that you sign on this, and then I see nothing in and around community benefits agreements that you've already failed on with the Miami Central. That major project in downtown only hit 2 to 4 percent of the hiring requirements, and there's no negative blowback for the developers. Now Magic City's going to do it. Tony is a personal friend of mine, okay? I'm in the building construction industry, and I'm telling you, help Little Haiti out, because they're going to be left out if you don't -- Chair Russell: Thank you, sir. Mr. Gomez: -- step up and do community benefits agreements that make sense and that have teeth that require them to do something. So let's not have amnesia, guys. Come on. Chair Russell: Thank you. Mr. Hannon: Chair, if I could get the speaker's name? Chair Russell: Name, please. Mr. Gomez: Albert Gomez, 3566 Vista Court. Chair Russell: Albert Gomez. Next speaker, please. Juan Manuel Barrientos: Hello. My name is Juan Manuel. I came for my first time 10 years ago to Miami (UNINTELLIGIBLE) Ultra. I'm a chef. Now I have a business in Brickell. I employing 25 people. I'm opening my next restaurant in Washington, D.C., thanks of the success of my restaurant in Miami. And this year, I have less tourists and less attendees, because Ultra wasn't here in Miami. So I'm here to say that for the first time, I knew Miami because of a tourist destination, because of Ultra, and it's a big event, and it support jobs and taxes, and please bring Ultra back. Thankyou very much. Chair Russell: Congratulations on your business. Thank you for your comment. Scott Crosson: Hello. Thank the Commissioner -- I'm sorry. I thank the Commission for allowing me to speak. My name is Scott Crosson. I live on 1830 Southwest 24th Street, in Silver Bluff. Commissioner Reyes, you have my sympathies, because you can see how upset the neighborhood is right now. I just wanted to say that I'm an economist by training and by profession. I know you also have some of that in your background. Whatever approach is taken to handle the Silver Bluff traffic situation needs to be a holistic one, so please don't just close one street at a time and just displace it between the streets, because the neighborhood is clearly at war with itself right now. It needs to be a holistic approach, whether you City of Miami Page 19 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 limit the access coming in from 17th and 27th. It's --you know, as long as you're addressing the traffic issue holistically, addressing the ER situation holistically -- because I am worried about that, with a three-year-old in my house, that we have access if we need it. Please, just make sure that whatever deal you work out with the County that it's approaching the whole neighborhood as one, because I'm tired of us all being against one another right now. It's not productive and it's not fixing the situation, and nor will it. Otherwise, thank you for whoever put the speed bump in front of my house in the past two weeks; it's helping, and slowing things down a bit. That's all. Thank you. Chair Russell: Thank you for your comments. Next speaker, please. Katelin Stephens: Good morning. My name is Katelin Stephens. I live at 340 West Flagler Street; also a downtown resident, and I'm speaking on the Ultra matter today. I'm asking you to vote `yes" on returning Ultra to Bayfront Park. Now, you've heard other speakers today reference the great economic benefits that Ultra brings for the City. So instead of harping on that, I will present a more personal aspect of what Ultra has meant to me since my time of being in Miami. I'm a native Floridian, but I moved to Miami for law school. I'm a rising 3-0 law student at University of Miami, interested in entertainment and sports law. That is why I came to Miami, and I'm interesting in pursuing that trek. I was recently afforded the opportunity to work as an intern with the festival for the week leading up to the event, and it was an amazing experience. Not only was everyone that works there so personable and really made it a learning experience for myself,- they did it for at least four other law students that got this community. We got the opportunity to actually work in this industry that's so competitive to get into. More than that, I don't know if you guys are aware, law school is not cheap, so I'm kind of on my own out here; family's not supporting me, and that check I got from Ultra was able to help me defray some costs, and like, the shuffle between school time and summertime gets rough between working and not being able to work as much as you'd like. So Ultra really helped me personally with both my career advancements and actual money to live in Miami. So thank you, and I would like --I would ask that you do not defer this decision and you vote "yes. " Chair Russell: Thank you very much. Next speaker, please. Juan Fernandez: Commissioners, thank you for this community. Mr. Reyes is our -- my personal Commissioner at Silver Bluff Neighborhood Association. My name is Juan Fernandez. I live at 2044 Southwest 22nd Terrace. My concern is obviously traffic. I'm the first street off Coral Way, and probably the narrowest street in the Silver Bluff neighborhood. It's the first street that people take off Coral Way as a cut -through. Again, I moved into this neighborhood. I was the youngest at the time. That was 14 years ago. And everybody moved out, or sold their homes, and now I'm the oldest. And the six houses on my block have kids, including myself, who had an 11 year-old daughter. So my biggest concern is basically safety. My kids are able to play, cross the street, ride their back, and so forth. My neighbor, Julia (UNINTELLIGIBLE), she was almost struck by a vehicle that zoomed by there. Half the time, they're on their phone; they're not even looking. As my daughter get into my car, I got to look 80 times before I get into the car. Anyway, those are the concerns of myself and the residents on Southwest 22nd Terrace. Any measures that can be done to address that would be appreciated through studies, whatever that may be. I'm not an expert on that. But whatever they come up with, I'm all for it. Again, let's be proactive instead of reactive before something happens and we can avoid a situation. So thank you for your time. I appreciate it. And thank you for taking care of Silver Bluff, Mr. Reyes. Thank you. Chair Russell: Thank you very much. Next speaker, please. City of Miami Page 20 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Jade Toback: Good morning. I live at 1060 Brickell Avenue. I'm born and raised in Miami, and have been a resident of the Brickell area for the past 12 plus years. Chair Russell: Your name, please? Ms. Toback. Jade Toback. Chair Russell: Thank you. Ms. Toback: Okay. I'm a registered voter and reside in District 2. I have taken the time off of work and come to speak in favor of Ultra returning to Bayfront Park. I moved to Brickell for the lifestyle, the hustle and bustle of the downtown. I want to note, most of these buildings are newly built with hurricane proof windows, which blocks out a lot of the noise and doesn't intervene in my home. Okay. With numerous events that take place in the Mary Brickell Village area, like marathons, weekend celebrations of St. Patrick's Day, and live sport -viewing events, the noise and the traffic is not an inconvenience. In fact, it is what I expected when making the decision to move into a downtown city area. I have attended a number of events hosted in the Bayfront Park house and amphitheater; four events. I've seen concerts, participated in walks, and attended Ultra for many years, all of which I have the convenience to walk or take the People Mover home. I've seen a decline in events taking place in Bayfront Park. I know this -- with these events, such as Ultra, brings a significant economical resource to the City. Ultra is a well-recognized festival that takes place in beautiful Miami; the vibe that it brings --friendly, unity, and the love of dance music. Being at Bayfront Park puts on -- being at Bayfront Park, Ultra puts on a well -organized and safe environment. This is what the modern Miami is, full of energy, life, and vibrancy. It's what puts in -- it is what puts us as an international city, a city -- as a city, this is a staple of Miami. Ultra has been taking place in Miami for 21 years. Again, this event, alongside Miami Music Week, the recent acquisition of Winter Music Conference, brings an enormous amount of profit to businesses, and dollars back into our City. The excitement that this week brings as Ultra closes the weekend is something that I personally, along with people all over the world, look forward to. So please vote to bring Ultra back to Bayfront. Chair Russell: Thank you very much. Next speaker, please. Good morning. Eduardo Alvarez: My name is father Eduardo Alvarez, and I represent Jesu Catholic Church, a church that is historical, that was founded before the City of Miami was incorporated, and I have a community of 3,000 senior citizens. When there is an event like Ultra, which I'm against, our senior citizens have a lot of difficulty to go to church. I have 3, 000 -- close to 3, 000 of them. Last time, when Mayor Diaz was Mayor, they presented a letter with 3, 000 signatures about an issue similar to Ultra, because for them, it is very difficult when the buses change the routes, and an old man or an old lady is walking with a walker, and he or she knows that it's only one block and a half that they have to walk, but when the buses change the routes, you know, they have to walk six or seven miles, so they don't go, and they would like to protest. Last time, we sent a letter with 3, 000 signatures to the Mayor. We thought it was the best thing about this issue. The second issue is that many of them cannot cross the streets, because the streets are closed, and I'm not blaming the Police at all. They're doing their duty. They're doing their duty that you have given them. Okay? So that's an issue that I do want to present. They are ready to send you a letter if this is going on. The second thing that I would like to present is that I have no parents who would like to baptize a child in that area when Ultra is going on, and the people that Ultra brings. There are no weddings that come to that church at that time, and these are people who vote. City of Miami Page 21 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Thank you, father. Mr. Alvarez: Okay. I was going to say one more --one last thing. Chair Russell: Time -- if you could wrap it up, please. The time (UNINTELLIGIBLE). Mr. Alvarez: Okay. Remember that you might get some money, but other Commissioners might use it. Chair Russell: Thank you. Mr. Alvarez: Thank you. Chair Russell: And please say hello to Sister Julia. She's so wonderful with the elderly and the homeless. Mr. Alvarez: Sister Julia is an excellent person. She's on vacation. She works very hard. Chair Russell: Tell her I said hello. Thank you for her service, too. Thank you for your comments. Brittney Fiore: Good morning. Chair Russell: Regret giving the last comment, but okay. Ms. Fiore: Good morning. Thank you for your time today. My name is Brittney Fiore, and I'm speaking today in favor of Ultra at Bayfront Park. I've been living at 1155 Brickell Bay Drive for seven years, and I'm a registered voter in District 2. I'm a teacher at the Miami Children's Museum Charter School, and I drive past Bayfront Park every day. I'm fortunate enough to be off from work to come to speak to you today, when others who are in favor cannot. I'm originally from New York, and I chose to live in Brickell in the downtown area for the similarities this area has to New York. Being from a big city, the noise construction and events that take place is not something new or unheard of. That's what makes a major city. People love to live in metropolitan areas for the excitement, for the accessibility, and for the diversity. Ultra is only for one weekend. It does take time for production to set up and take down, but the event is so well -organized that it isn't an issue as a resident. We constantly have traffic and noise from construction every day, and it's unfair to use these factors to diminish the positive attributes Ultra does bring to the City, and has done so for the past 21 years. Ultra brings in revenue. It brings in jobs. It brings in different cultures. It brings in fun. It is unique to the City of Miami, as this festival is nowhere else in the nation. People from all over the world look to come to Miami for the amazing production and show the festival creates. I have attended Ultra numerous times, and it has always been an amazing weekend. I love to see the stages being set up as I drive to work. I love to hear the different languages being spoken. I love the noise. I love the entertainment. I love how this festival is known to the world as Miami's festival. Please consider the positives that Ultra brings to the world and to the residents and workers who do reside here. Thank you. Chair Russell: Thank you for your comments. Good morning. Pilar Villaverde: Good morning. Pilar Villaverde, infamous 24th Terrace. I'm here to thank you again for the opportunity to speak with you. Due to the punting action of this resolution to the County, I concur with my neighbors that perhaps this should be withdrawn or deferred. I also add my voice to the request of a peer review of all City of Miami Page 22 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 traffic studies conducted in Silver Bluff since 2005, including the latest study of Southwest 24th Terrace, which was requested by the Shenandoah HOA (Homeowners Association). We have not been informed of the 24th Terrace results. As I was writing my notes, I realized that my children were teenagers when this debacle began in 2005. I am now a grandmother. It's been 14 long years, unnecessarily. It feels as if our very real life safety issues is continually falling on deaf ears, except for the time of -- or the time which Mayor Suarez, who's not here right now, tried to help us. It seems that it has pitted neighborhood against neighborhood and neighbor against neighbor. It has never been our intent to bother or make anybody else's life miserable, other than getting quality of life for our street. It seems that the newest, coolest thing is to berate and ridicule our efforts to obtain an improve quality of life for our neighbors, to the point that our last appearance before you, someone made a comment -- a sarcastic at one -- of a caricature of how dangerous it is to travel 24th Terrace, and to me, that was very offensive, because the father of one of the children that were present during the accident was here in the hall, and this person made it seem like, you know, his fear was nonexistent -- if I may finish, because I got to run --. so I think that that was very offensive on his part. So I'm going to finish with this, because I don't want to talk too much. So the problem was not created by the neighbors in Silver Bluff, especially the ones on 24th Terrace. It was created by the City and the County, and it has been punted and punted and punted unnecessarily, and it is unavailable. Chair Russell: Thank you, ma'am. Ms. Villaverde: It is my under --just one quick thing. It is my understanding that the City can actually do an ordinance and override the County, and the County can just give you pointers on how to carry that ordinance. So if I'm -- Chair Russell: Thank you. Ms. Villaverde: -- mistaken, let me know, but that's how I feel. Thank you. Chair Russell: Thank you for your comments. Good morning. Danihela Molina: Good morning. My name is Danihela Molina; Item Number RE.3. I am in support of the Ultra Music Festival. The Music Festival provides a way of living of a lot of members of our community. For myself, the festival has been providing me with an extra income for the past six years. Working at Ultra provides additional funds needed to help alleviate expenses and unforeseen costs. With that being said, working at Ultra is convenient for me, because I am a single mother, supporting two children with one income. My boys' names are Dylan and Jays, and they are nine and seven years old. As I stated, I have been working for Ultra for the past six years. Its a wonderful extra income I make to pay for my boys' birthday expenses every summer. Their birthdays are July and August 25. It is a great help. For example, with next year's income, I plan to take them to the Bahamas for their birthday, because they have been begging me to visit Atlantis Resort. And this year, I used the money to stay at a resort in Orlando to go to Disney in Volcano Bay. I would not be able to provide them with these experiences were it not for the money I set aside from working at Ultra Music Festival. I am a proud schoolteacher at Mater Gardens Charter School. And with that being said, a teacher's salary is quite difficult to set aside money to vacate [sic]. Therefore, knowing every year I work at the Ultra festival during my off -- during spring break when I'm off -- assures me I will make extra income to set aside money to be able to plan and pay a mini vacation for both my children's birthday. Thank you for your time. Chair Russell: Thank you for your comments. Next speaker, please. City of Miami Page 23 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Stan Pasken: My name is Stan Pasken. I live on 24th Terrace. I'm giving my two minutes to Walter. Chair Russell: Four minutes, please. Walter Robinson: Good morning. Thank you, everyone, for being here. Thank you for allowing our presentation. Commissioner Reyes, my Commissioner, thank you for your efforts. Mayor Suarez, thank you for your efforts as our past Commissioner. I'm here to state my position. I live on Southwest 24th Terrace. My name is Walter Robinson. I am not in support of RE.9; punting this problem to the County. My neighbor, Luis Cedre, asked me to make note of the numbers that he asked for. He asked for the latest actual data on Southwest 24th Terrace that has recently come out. He was handed this document, and it says, "Southwest 24th Terrace. This study was done in 2005. " That's not what he asked for. And then from Stephen Williamson, "That's fine. Just please let him them know this is 14 years old. " So I restate that for the record, that he has requested data. All facts and stats will tell you that Silver Bluffs [sic] has a traffic issue. They will tell you that it's a life/safety -- life and limb issue. It's Dangerous. It's cut -through traffic. Those are residential streets, designed for access to and from property owners. They're not closed streets. They're not private streets. Yes, they're public streets. They're designed and intended for property owners on those streets; not as an alternate for US 1 or Coral Way. We are on anomaly. We live in a condition. And I have to repeat this. We know this, but I'm saying it for the record. Between US 1 and Coral Way, people cut through our neighborhood intensely. My family cannot get out of their street -- out of our house to bring our children to school. You cannot simply send this to the County. It will delay the entire issue. It will delay and enhance and modem and enhance your risk for life and limb. Our Commissioner, Eileen Higgins, gave us a very disturbing presentation in October of 2018. She is not in favor of any of these things that have been proposed. There's a lot more to that, but I'll leave it at that. It was so disturbing that a few weeks later, residents from Southwest 24th Terrace and other streets had a demonstration on Southwest 24th Terrace against those positions. I put everything as a capital "G, " Government; City, County, State, Federal. Our government created problems on Southwest 24th Terrace when they put a turning lane on 27th Avenue that's twice as long as the turning lane to get onto Coral Way. The turning lane to get onto Southwest 24th Terrace, a residential street, is twice as deep as a turning lane to get onto Coral Way. Does that make sense to anyone? No; not unless you're trying to drive traffic down a residential street that it's not intended for. Government did that. We've asked the government for cures. It's gone for many years. When I came here, I drove by many chicanes. We've asked for chicanes; they don't do it. What I do know is that this body presented, delivered, implemented, installed, and is enforcing a "No left turn " at Southwest 24th Terrace on Southwest 27th Avenue. This body opposed it, voted on it, and pushed it through. My recommendation is that this body please represent the citizens, the constituents, the homesteaders, the property owners of Southwest 24th Terrace single-family homes and present a solution, and push it through the County and the State. Southwest 27th Avenue is a State road; it's not just County. It went through two levels and it got completed. If I have more time left, explain why we can't do that. Commissioner Reyes: Okay. What I -- Chair Russell: Sir, this is the time for public comment. We'll take up the discussion at the item. Commissioner Reyes: Let me -- Mr. Robinson: I just say that because he's answered questions before. I wanted to provide the opportunity, if I had the time. City of Miami Page 24 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: -- clam what happened on 27th Avenue. It was -- I mean, finally, we got it from DOT (Department of Transportation), who owns the street. Mr. Robinson: State. Commissioner Reyes: Okay, it's the State. Mr. Robinson: Right. Commissioner Reyes: State. We tried to, I mean, close the drive-through traffic, and you know that, and --on 22nd Avenue, and we were denied. The philosophy --and I'm waiting for Alice Bravo -- is that they don't want to close any street. And besides that, if we close one street, we have to close all of them. Mr. Robinson: Okay. Close all of them. Chair Russell: Thank you. Commissioner Reyes: That's what I -- that's -- but we are -- we don't own the streets, okay? Chair Russell: Thank you. Commissioner Reyes: And that is -- and this is -- I mean, you want this deferred? I'm not going to defer this. You know why? Because if we defer this, we're going to go to square one. This is the first step to try to force a solution there. Okay? I know that you -- the way that you feel. I know how you are suffering. But if we don't do nothing, nothing is going to be done. Okay, sir? Thankyou. Chair Russell: Thank you. Commissioner Gort. Vice Chair Gort: We're going to be discussing this later on, right? Chair Russell: Yes. Vice Chair Gort: Because this is one problem; it's not only in your area. Commissioner Reyes: That's right. Vice Chair Gort: It's in the whole City of Miami, so that's something we got to deal with. We have it in Allapattah and Grapeland and Flagami, and everywhere in the City of Miami. Chair Russell: Thank you very much. Thank you for your comment, sir. Good morning. Jenny Mena: Good morning. Hope everyone is well today. Thank you for your time. My name is Jenny Mena, and I'm a South Florida realtor, with an office in Brickell. I am here to speak on the positive impact Ultra has on South Florida; also, the voice of international investors and the tourists that come to Miami specifically for Ultra music week. I am Afro -Latina, born and raised in Miami Dade County, and I have seen firsthand the growth and impact Ultra has made in South Florida. Let's face it; Bayfront Park is Miami's Central Park. Bayfront Park, which contains a permanent amphitheater, is literally the best concert venue and urban park, with a seating capacity of 10,000. The park's ojficial legal purpose is to maximize public use and enjoyment, which I thank for the community yoga. However, Ultra is one of City of Miami Page 25 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 the most -- one of Miami's largest economic drivers. Each year Ultra invites people from all over the world to the City of Miami, attracting international investors, artists, and creatives. The City of Miami cannot continue to frustrate economic development by discouraging businesses from investing in Miami. Investors are tuned in and want to invest where there is growth, development, and entertainment. Ultra is a direct economic driver for hotels, Airbnb, restaurants, shops, and other tourist -based industries. We -- What about the millennials purchasing at SLS and Echo, and the young urban clients (UNINTELLIGIBLE) lofts and penthouse suites within walking distance, or scooter friendly events, like Ultra, the Heat games, and other events that people need to be mindful about, like the (UNINTELLIGIBLE) at the Adrienne Arsht Center? We are evolving. We're no longer buying single-family homes with a white picket fence. There's not many schools to attract families in downtown and Brickell area. And Miami is a tourist city that is being taken over by wealthy condo owners from -- that have moved in and are trying to morph our City into their vision of it. How many more major events are being driven out of this area? Are we going to eliminate the Fourth of July fireworks? Are we going to eliminate anything else that is -- that supports Miami? I love Miami and what we are known for; the melting pot, full of different cultures, art, food and music. Let's continue to grow and invest in the City of Miami by allowing Ultra to remain at Bayfront Park, their home, where they have been for 19 years. Chair Russell: Thank you. Ms. Mena: It's all about location, location, location. Thankyou. Chair Russell: Thank you very much. Good morning. Ricardo Dopico: Good morning. Mayor Suarez, Chairman Russell, and members of the Commission, my name is Ricardo Dopico. I was born and raised in Miami, Florida. After practicing law at a large firm, I was fortunate enough to land a position with the Recording Industry Association of America. Having been trained as a classical pianist, I had a strong passion for music. This job was my gateway into the music industry. After a couple of years with the RAA (Recording Association of America), I was blessed to become the general council for Estefan Enterprises. I have been therefor the past 19 years. I am here in my personal capacity, not as a representative of my employer. Having traveled to other world-class cities to attend annual iconic events, I often wondered what events would define Miami. Chair Russell: Would you pull the microphone a little closer? I apologize. Mr. Dopico: Sure. My first encounters with Ultra were negative. I remember being in the downtown area and wondering to myself why anybody would actually pay money to go listen to what I perceived as noise, loud base going "thump, thump, thump." Ironically, on one of these occasions, I was outside the Arsht Center to attend an opera. I thought to myself that the music and spectacle at the opera were surely superior to what the audience at Ultra would experience. I was dead wrong. In March of 2015, I attended the festival for the first time, and I realized that I had been a cultural snob. What I found was beyond anything I could have imagined. The musical experience from the inside was very different; none could be heard from the outside. The spectacle was incredible. Production values at Ultra rival those of any of the myriad of live events that I have attended in two decades in the music industry, and I have been to some pretty epic events. I thoroughly enjoyed the event on Virginia Key last year, but I missed the stunning backdrop of the Miami skyline that makes the event such a uniquely Miami experience. Ultra has a tremendous positive impact on our community, creating jobs for hundreds, driving revenues for local businesses, and it is the best form of free marketing for our world-class city. It City of Miami Page 26 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 is broadcast to over 30 million viewers every year. I thank you for your time, and I urge you to vote in support. Chair Russell: Thank you for your comments. Good morning. Idania Loureiro: Good morning. I'm Idania Loureiro. Thank you for letting me speak today. I'm here as an owner from downtown. I've been living therefor 15 years at the One Miami, 335 South Biscayne Boulevard. And I'm here for -- to ask you to please vote "no "for Ultra. I've been therefor 15 years. I've seen downtown go through many changes, and Ultra has not added in a positive way; we have other events that do. Not only -- someone said before, the smell during the festival, after the festival, of the urine; the sidewalks broken; no access to sidewalks. I myself love that community, because we can exercise, we can walk; there's children living there, not 15 years ago. And I disagree that Ultra doesn't add to making it vibrant. Downtown is a vibrant community and thriving without Ultra. We don't need that. That only brings chaos; more drinking on the sidewalks the morning after Ultra starts. I've seen all of that, and I'm asking you please not to bring that back. After a hard day's work, we want to come home to some peace, and Ultra does not bring that at all. It brings all the negative effect, actually; the noise, the windows shaking, even though they are new buildings, but the noise comes right through. Even our pets -- I had a neighbor that the pet -- the dog ate right through the bedding, because how nervous of that noise, so imagine what it does to children and all of us. There's nothing really positive I can say about it. I know it's an amazing experience for people that go to it and that work for it, but how about our experience? It's not amazing at all. So I ask you, please, to take this in consideration. And it doesn't add value to our --you know, to our properties. Chair Russell: Thank you. Ms. Loureiro: It's only going to hurt it in the future. Thank you. Chair Russell: Thank you. Good morning. Carolyn Sales: Good morning. My name is Carolyn Sales. Item Number R3 [sic]. Ultra is a good investment, and it generate good investment for business. Without Ultra, there's no money, no business. We need Ultra; for even though without it, there's no revenue. Our hotel had suffered last year from the revenue from not having Ultra. Ultra brings good business to hotels, restaurants, and rest -- and other vendors that's in the Miami district. That's it, all I had to say for Ultra. But thank you anyway. Chair Russell: Which hotel do you work in? Ms. Sales: InterContinental. Chair Russell: Thank you very much. Thanks for your comments. Good morning. Kelsey Ray: Hello. My name is Kelsey Ray, and I have worked in the transportation industry herein Miami for the past six years. Hello. My name's Kelsey Ray. And although Ultra has been around since 1999, I've had a glimpse of what it has done for our City, and the amazing things it's done for our community. And I can say with certainty that many, many employees depend on Ultra; not only for the commission - based paychecks, but to feed their families, and in fact, I'm one of those people. So as we know, Miami has its seasons, and it goes in ups and downs, but many, many people depend on Ultra and this community. So I ask for the sake of the longevity of Ultra that you vote "yes" today. Thank you so much. City of Miami Page 27 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Thank you for your comments. Good morning. Martha Tang: Good morning. My name is Martha Tang. I'm hereto support Ultra. I'm -- I live and I work in downtown Miami. I have been traveling around the world. I live in Hong Kong, Buenos Aires, (UNINTELLIGIBLE), and I believe this is a multi -- it's like a melting pot city, so I support Ultra, because it give a lot of work to many peoples [sic] in here. Plus, people that live in downtown Miami, they have to know that this is a city where there is a lot of traffic, a lot of noise, but it's only three days that it's going to be in there. So I don't see any difficulty to have Ultra back down in Miami. Chair Russell: Thank you. Ms. Tang: You're welcome. Chair Russell: Hello. Cynthia Nasreddine: Hello. Good morning. My name is Cynthia, and I live on 1750 North Bayshore Drive, for the past seven years. Oh. Hello. Can you hear me now? Okay, perfect. My name is Cynthia Nasreddine, and I've lived on 1750 North Bayshore Drive for the past seven years, and I'm here today to be heard and be the voice of many who are not able to be here today, because of work obligations. Ultra Music Festival has been in the Miami area since 1999 and has been in downtown Miami for years, long before many of these buildings and residents were ever here. Ultra is nothing but love, and 99 percent of attendees who show respect to the City. 140,000 attend, with zero fights; unlike spring breaks, where there's a shooting almost every year. Over a hundred plus countries, some of them at war with each other, but they come together and they find a common ground, and that is to have a good time. Ultra was in downtown way before these condo owners against Ultra moved in, and they did so knowing Ultra was there. If you move to downtown Miami for peace and quiet, you chose the wrong place. It's three days; deal with it. Music is out by midnight anyway. And the whole health risk, I've lived in downtown for over eight years, and there's nothing wrong with me. I've live -- 1750 North Bayshore Drive; look it up. Unidentified Speaker: (UNINTELLIGIBLE). Ms. Nasreddine: And the whole -- Chair Russell: Please. Don't talk with each other, please. Ms. Nasreddine: -- health at risk, I've lived in -- if anything, you feel younger and happier, dancing to music and having a great time. And let's not mention the thousands of work Ultra creates and the income it brings into the City. In business, just as in life, there's always a learning curve on the path to excellence. The complaints from these residents are dramatic and unreasonable. They claim that the music from Ultra Festival literally harms their health. I trust that each of you will take a diplomatic and open-minded approach in this decision-making process, with hopes that a compromise can be made to overcome any hurdles and bring Ultra back to Bayfront. I ask that you please vote "yes, " and please vote "yes " today. Chair Russell: Thank you very much. Hello. Elio Cervera: Good morning, Commissioners, and thank you for the opportunity to speak to you this morning. My name is Elio Cervera, and my address is 100 Chopin Plaza. I am here in support of bringing the Ultra Music Festival back to Miami. Its departure has had a tremendous negative revenue impact on all the businesses, City of Miami Page 28 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 hotels, restaurants in downtown Miami. It has also had a negative impact on the livelihood of the thousands of employees who call downtown their second home and depend on their jobs to support their families, who are also residents of this great City. Thank you. Chair Russell: Thank you. Gasper Mavric: Good morning to everybody. My name is Gasper Mavric, and I'm the resident from 100 Biscayne Boulevard. I'm here to support the Ultra Music Festival. I believe Ultra have amazing impacts for the City on the business wide. We should support more that kind of events and (UNINTELLIGIBLE) even more fun city. I vote -- please vote 'yes" for the Ultra. That's all what I have to say. And thank you for your time. Chair Russell: Thank you very much. Good morning. Armando Tio: Good morning. Good morning, everybody, and thank you so much to this Commission for having me. My name is Armando Tio. I live on One Miami, 325 South Biscayne Boulevard, and I would like to speak today in favor of bringing back Ultra to Bayfront Park. From a resident, hospitality, and marketing professional's perspective, I am convinced that hosting Ultra at Bayfront Park is in the best interest for our City. Ultra Music Festival injects millions of dollars into the economy of our City. Ultra Music Festival grants free advertisement to our City. Ultra Music Festival is part of our culture and puts us on the international spotlight. I invite this Commission and those against of hosting this event to reconsider and look at the bigger picture, due to the profound impact that it has on our economy and our brand as a global city. Please vote "yes " and bring back Ultra. Thank you. Chair Russell: Thank you very much. Good morning. Nicholas Pollini: Good morning. My name is Nicholas Pollini. I live in 1060 Brickell Avenue. For me, Ultra Music Festival is important for the City of Miami, because it brings thousand of people from all around the world; Asia, Europe, Latin America, et cetera. Miami's a vacational [sic] city, and people love it, and they come here every year to party and also to spend money in the City of Miami. I have been in Ultra since five years ago. I like their location in Bayfront Park, because it's very good location for all the people that don't live in Miami. Like I said before, I live in Brickell, and every year I use the Metromover from Brickell Avenue, 10th Street Station to Bayfront Park Station. There is no schools close to Bayfront Park, and the City has the Miami Dade College; that almost every student that goes to that college is going to Ultra every year. I'm also in real estate business, and also Ultra is bringing a lot ofpeople that after they come here and they know the City, they also start investing in real estate and bring international investors. Thank you, and please, I would love Ultra back at Bayfront Park. Chair Russell: Thank you. Good morning. Diego Wiener: Good morning, ladies and gentlemen. My name is Diego Wiener. I'm a lawyer here in Miami. I live and work in Miami. And I believe that the question is bigger than just, you know, Ultra. It is what kind of city do we want to be as Miami? This is an event -- this is a city that is built on the background of being a melting pot for people of different cultures, people of different countries, people of all different kinds of ethnicities, orientations, and we host all kinds of events. The Corporate Run is at Bayfront Park. We now have the -- you know, the Democratic Debates are in downtown. Ultra is just one of many, many events that the City of Miami should be hosting. It's got incredible economic impact. I mean, I've heard numbers as high as 150 million a year, and that's only in the City of Miami. I mean, City of Miami Page 29 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 this has -- this reverberates all through Miami, whether it be on the Beach, whether it be the City of Miami, whether it be Kendall, Dadeland, whatever it is. This is not just Miami. And as far as, you know, people that go to Ultra, if you go to these events, you go, and the evidence is right there. You meet people from Sweden, from Europe. These are people with money that are coming to Miami to stay, to spend money, to -- as I've heard before, you know, stay for a few days -- not just the festival -- and bring money into our economy. And when you talk about the impact, the -- you know, it's -- undoubtedly, there's preparation for the event that takes maybe a week or two weeks, and then clean up after the event. But the noise, the small nuisance that is caused by Ultra is greatly outweighed by the gigantic economic impact that it has on the City of Miami, and for that reason and for -- you know, for just a short anecdote -- you know, I -- for my work, I travel all through Latin America and all through the world. And the minute I say that I'm from Miami, the next question is, "Oh, my God. Have you been to Ultra?" It's become synonymous with the City of Miami, and it make us -- it adds to our international prestige, and that is why I believe that Ultra should stay and return to Miami. And I vote that you vote "yes " on bringing Ultra back to Miami. Thank you so much. Chair Russell: Thank you. Jhane Young: Good morning. My name is Jhane Young. I live at 325 South Biscayne, right across from Bayfront Park, and I'm here to ask you all to vote `yes" to Ultra returning there. I come from a single parent household, and I've lived with my mom downtown Miami for a couple of years. We've never been bothered by Ultra; the loud music, the construction, any of that. And it's always been a pleasure to see people coming together without incident and having a great time. I just recently graduated from Florida Atlantic University with my bachelor's degree as a first -generation student, and I've always had a very keen interest in arts, music and entertainment industry. Recently, this past March, I was able to find a job with Ultra, and not only did it give me the connections that I needed and the experience that I needed to solidify my decision to enter this industry, but it also allowed me to find future jobs, which I have done. I was unable to pay for my expenses for graduation. My last semester, I was taking over the maximum amount of credits for a student to take, and I was unable to support myself by holding down a job. And so, when I found the opportunity to work with Ultra, it was just an amazing experience. It's not a good feeling to have to choose between paying your rent and buying a cap and gown, and thanks to Ultra, I didn't have to make that decision. Not only was I able to pay for my cap and gown, but I was also able to buy my stoles, and I was able to buy extra graduation tickets for my family to come and see me graduate, and that's why I am imploring you all to please vote "yes. " Thank you. Chair Russell: Thank you very much. Yisel Villar: Good morning. My name is Yisel Villar. I am an attorney. And I'm here to ask you to please vote `yes" to the return of Ultra to the Bayfront -- please vote "yes " to the return of Ultra to the Bayfront Park area. And I'm speaking from a personal experience. I've been to Ultra Music Festival several times. It is a wonderful experience. And I have had the opportunity to witness how people from all over the world come just to enjoy the festival, and they made reservations in advance at hotels, like the InterContinental, at the Hyatt, the Marriott, as we heard before. I've met people from Chile, from South Korea, from Japan, that enjoy so much this destination, and they love coming here. That has a great impact in the tourist, and has a great impact in the economy of the area. I also know friends -- very close friends who work, for example, at the Space Nightclub, and they have told me how they have to make preparations in advance to the event, because they get the majority of the revenue for the entire year from the Music Festival and how much City of Miami Page 30 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 they lost last year, because their festival didn't take place at Bayfront Park. Please allow the return of Ultra to the Bayfront Park area. Thank you. Chair Russell: Thank you. Mr. Hannon: Chair, I'm sorry; if I could get the speaker's name again. Chair Russell: Ma'am, could I get your name again, please? Ms. Villar: Yisel Villar. Mr. Hannon: Thank you. Chair Russell: Thank you. Hello. Julie Kim: Hi. Good morning, Commissioners. My name is Julie Kim. I reside in 436 Northeast 77th Street Road. With respect, I'm here today in support of Ultra Music Festival to be in Bayfront Park. I'm a huge supporter for numerous beneficial reasons; not only to myself as a resident, but also as a small business owner in our City. We live in a young, lively city, where professionals and people of all ages from all over the world come to work, live, vacation, and have a great time. Miami's had a positive transformation over the years, adding more culture, diversity, art and music. This has brought many different activities, events, and festivals like Ultra to grow, which has brought in more residents, businesses and tourism. Miami's still a growing city, and if we inhibit something that brings growth, why do we live here? Ultra increases tourism and boosts our economy. If you ask other business owners and restaurants and hotels if Ultra benefits their business, I think that's an overwhelming `yes." For this reason alone, going against Ultra would be a huge disservice to our city and a short-sighted decision as a whole. Ultra brings people together from almost every continent around the world. It's amazing to see thousands of people come together. Ultra provides incredibly positive energy, and I must say, it is quite remarkable to experience, and all this happens in just one weekend. So I ask if you can just take a moment to see through the eyes of all the positives and beneficial reasons and the decision for Ultra to be in Bayfront might be more helpful. So please vote 'yes. " Thank you for your time. Chair Russell: Thank you. Hello. Ariel Grobman: Hi. How are you? My name is Dr. Ariel Grobman. I'm a board certified otolaryngologist, or an ear, nose, and throat doctor. I'm University of Miami -trained and work at Mercy Hospital. I was asked by the 50 Biscayne Boulevard Condominium Association to review the sound study and to shed some light on the effect of the noise that's exposed from the Ultra Music Festival to the residents in the area. So that study was a very sound study, very well done, and there are a few points I'd like to highlight about the correlation between the noise that's present and potential harm to residents. So one thing is that we typically use the OSHA (Occupational Safety and Health Administration) standard, or even the newer CDC (Center for Disease Control) standard, to delineate how long people can be exposed to loud noises and what level before permanent damage occurs. And throughout the weekend, not only is the noise going up from Friday to Sunday, but there are certain areas in the building where residents can only be present for about an hour before levels exceed those that can cause temporary or permanent hearing loss. And there's a typical high proportion of base notes in electronic music, and these base notes actually will sensitize the ear and predispose it to more hearing loss from the remainder of the music. So having the base going on all that time will predispose people in the building. From the sound study, we saw that the music shutoffwas at I a. in. and was resumed again as early as 8 or 9 a. in. That's certainly City of Miami Page 31 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 not enough time, from both human and animal studies, to allow the inner ear to recover from the damage that happens from noise -induced hearing loss, something called "Free Radicals "; that -- you may have heard that term. They accumulate, and that is just not enough time to allow someone's ear to heal from that exposure. And finally, the people who are most predisposed to noise -induced hearing loss are people with preexisting hearing loss and the elderly and people with diabetes. So the population is already predisposed, and then they're getting a second hit from all this music exposure. Chair Russell: Thank you very much. Victoria Mendez (City Attorney): What was your name again, doctor? Mr. Grobman: Dr. Grobman, Ariel Grobman. Ms. Toback: Thank you. Chair Russell: Hello. Ms. Toback. Hello. Good morning. My name Amber Toback. I am born and raised from Miami. I am in favor for Ultra Music Festival, and I say, "Bring it home. " It brings a lot of, lot ofpositive impacts for the community. So I'm in favor of bringing Ultra back to downtown Miami. Thank you. Chair Russell: Thank you. Quick. You can go ahead, sir. Roy Zemlock: Good morning, folks. My name is Roy Zemlock. I'm a South Florida resident -- Chair Russell: Can you speak into the microphone there? Mr. Zemlock: Good morning, folks. My name is Roy Zemlock. I'm a South Florida resident since 1967. I grew up in South Florida. My father was a downtown lawyer for many years. I've been to Bayfront Park many times. I feel I know the areas very, very well. My close friendship with Russell Faibisch, the owner of Ultra, is over 35 years. Since I have known him, I know what makes him tick. I know his boyhood. He is an honorable person. What I know for sure is his love for Ultra. His ambition for music stems from his visit to Europe 25 years ago, when he saw a music concert at Ultra (UNINTELLIGIBLE). I am told one million people attended that show. It's done in New York all the time, and they love it there. What I understand, Ultra is now a worldwide entertainment company. What I understand, success often brings big problems, like crowd control, logistics, crime prevention, and noise control. What I know for sure of 100 percent certainty, Ultra is committed to resolve any problems. I've spoken to Russell. I've spoken to other people involved with Ultra. They are committed to resolve problems that might come their way. What I know for sure is Ultra's past success should not be a reason to stop them from doing their show. The millions of dollars generated for the communities and businesses should outweigh any problems that have been mentioned. I've watched and enjoyed Ultra more many years. Because of transportation complications and the inspiring views of downtown Miami, Bayfront Park is the best location for the show. I have been involved with a family, and for the last several weeks and -- various different locations has been -- come up time and time again, we feel Bayfront Park, because of transportation and the Metrorail, this is the best location. The happiness of viewers, the local businesses earning lots of money will outweigh obstacles people mention. Ultra is now ingrained in Miami's culture. Chair Russell: Thank you, sir. City of Miami Page 32 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Zemlock: Thank you, sir. Chair Russell: Thank you. Charles Ratner: Good morning, Commissioners and staff. Thank you for the opportunity to speak today. My name is Charles Ratner. I'm a Miami native and real estate attorney, with offices at 605 Lincoln Road, in Miami Beach. My sister and I are property owners and City of Miami taxpayers, with property at 127 Northwest 5th Street, in Overtown, adjacent to Miami Central. I first appeared before this board more than 40 years ago, at the age of 14, asking for a variance for Miami -- my family's downtown property; still vacant and undeveloped after all these years, and only now blossoming in the shadow of the new Miami Central Development. My sons and daughter have interned for Ultra for many years and collaborated with Ultra to make -- raise money for Make a Wish, in memory of their cousin Andrew. My family has witnessed firsthand the kind and compassionate corporate citizen that Ultra is, and you should be proud that they want to continue their Miami residency. I would venture that most of the residents in this room who moved into their buildings in downtown Miami moved after Ultra first made their downtown Miami appearance. It is because of the Miami culture that Ultra curated and nurtured that they likely chose to invest and live in downtown Miami. The first arena did not bring much positive change to Overtown, as you know. The second arena did not bring much positive change to Overtown; Ultra did. Events like Ultra created a cultural environment that brought Brightline and Virgin to finally invest in Overtown. In about two years, international travelers will be able to fly to Orlando, go to Disney World, and take a train within walking distance of Ultra, just several blocks away. Imagine that. It's a long time coming. Name a single company or event in town that is an international brand ambassador for the City of Miami. Ultra is likely the only name on that list. When -- We used to advertise `Miami See It Like A Native. " Now Ultra does your advertising for you around the world. There are Ultras, as you know, in many countries, and Ultra has flags that they produced for all those countries. They only produced a flag for one city out of all the Ultras in all the world, and that's for the City of Miami. You'll only see one city on a flag anywhere, and that -- an Ultra event, if you've been there, you'll see there's a sea of flags. Damian Pinto, the voice of Ultra, will get up there and say, "Everybody show your flags, " and they'll all show their flags, and you'll see a lot of the City of Miami flags as well. Chair Russell: Thank you very much. Mr. Ratner: Thank you. Chair Russell: Good morning. Joe Bier: Good morning, Chairman Russell, Commissioners, and Mayor. My name is Joe Bier, and I'm the Executive Manager of Epic Residence, located at 200 Biscayne Boulevard Way. Thank you very much for the opportunity to speak today. I'm here to speak in opposition of bringing Ultra back to Bayfront Park. The months of inaccess [sic] and damage done to the park during setup and breakdown, and the negative quality of life to so many, many residents living in the immediate area, and the many complaints that I receive from residents about noise disruption, damage, and traffic must be taken into careful consideration. Ultra was unanimously voted down in the past, and I ask once again that the Commission consider other areas of Miami more appropriate for a music festival of this size and disruption. Please vote "no " on the return of Ultra to Bayfront Park. Thank you very much. Chair Russell: Thank you. Good morning. City of Miami Page 33 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Francisco Rodriguez: Good morning. Thank you, Commissioners, Mayor, and fellow City members. My name is Francisco Rodriguez. I live and work here in Miami. And I'm here to briefly discuss Discussion Item Number 2, the unsolicited proposal for the Olympia Tower in downtown Miami. I'm part of the New Urban International Team, and we submitted an unsolicited proposal to restore and preserve the Olympia Tower, and convert the residential tower into an upper -scale boutique hotel. The main point of this proposal is that over 50 percent of net revenues will go back to charitable organizations to the City, focusing on hunger, housing needs, special needs, and education. One of the first articles that I read when I came here this morning was Commissioner Russell's housing crisis article, and to the point, our unsolicited proposal is to make the City of Miami a better place, help the people in need, and move it forward. I ask for the Commissioners please and City Manager, as well as the Mayor, to vote `yes," and have this proposal go to RFP (Request for Proposals). Thank you. Chair Russell: Thank you very much. Good morning. Pedro Martinez: Good morning, dear Mayor, Chairman, Commissioners, and City Manager. I am Reverend Pedro Martinez, a citizen, a resident of downtown Miami. I live in 50 Biscayne, right across Bayfront Park. For the following reasons, I urge you to say "no" to Ultra on Bayfront Park: 60 days of noise, 24 hours daily, day and night; the beeping of the cars at night do not allow us to sleep during setup, concert, and take down. 90 days Bayfront Park is totally closed or limited use only to the residents. The young, the elderly, families, youth, and pet owners, are not allowed to use Bayfront Park; high decibels of music that are damaging to human and pets. 90 days that Bayfront Park is abandoned and destroyed. This is an environmental disaster. Downtown condominium owners pay millions of dollars in taxes, and we deserve to be represented by you, our leaders. Bayfront Park is not a massive event venue; it is a park, to be enjoyed by the community. For Ultra Festival visitors, the event is a three-day event full of fun, dancing, and revelry. Notice that almost all the speakers in favor of Ultra do not live across or nearby Bayfront Park. For us, the residents, downtown Miami that live across or near Bayfront Park, Ultra Festival is a three-month event, bringing us lack of sleep, anxiety, and suffering. It is detrimental to our quality of life and health. Ultra affects our property value; for Bayfront Park is 90 days of abandonment and environmental disaster. Please, I urge you to say "no " to Ultra on Bayfront Park. Chair Russell: Thank you. Good morning. Shoshana Lincoln: Good morning. I'm Reverend Lincoln, from People Helping People, in Overtown, 210 Northwest 16th Street. I have asked the City Manager to pose three questions, because I heard the audience and I heard the panel, and the elected. All these people who are complaining, sometimes we are not being heard. And I wanted to know the question I'd be posing to the City Manager and the Mayor and our Commissioner is, why we are still blighting and slumming in Overtown? And why was the CRA have an extended time for 240 [sic/? And for 40 years, the CRA have been trying to remove blight in an area of 1.1 square mile, and have not done so. And I want to know why -- how is the City Manager managing us? Chair Russell: Thank you. We're glad to address --for you to address that directly, but do you have an item on this agenda that you're addressing? Ms. Lincoln: Pardon? Chair Russell: Is there an item on this agenda that you're addressing, or you just have a general question for management? City of Miami Page 34 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Lincoln: No. I have request that from the City Manager to speak. Chair Russell: Understood. Okay. And then -- so let's get together with them offline and work on that together with you. Ms. Lincoln: All right. Chair Russell: All right. I'm glad to do that. Thank you. Good morning. Mike Hill: Good morning, Chairman and Commission. And I saw Mayor Suarez here somewhere. My name is Mike Hill. I work with Unite Here, Local 355, the hotel workers' union. I'm here to speak on RE.5 and 6, and let you know that we were able to execute a labor peace agreement this morning with the Adler Group and Lancelot Miami River, in compliance with the City's labor peace policy. Thank you. Chair Russell: Thank you very much. Good morning. Robert Hill: Hi. Good morning. My name is Robert Hill, 100 Chopin Plaza. I represent the InterContinental Hotel, and here to speak in favor of Ultra returning and staying in the City of Miami. We represent 450 employees of the hotel; 188 of those employees live in the City of Miami and are employed at the hotel. This year, without Ultra downtown, moving to Virginia Key, we saw occupancies drop 30 to 35 percent and revenues drop 50 percent. The attendees at Ultra over the past eight years, I've seen international. It is a young crowd from 18 to 30 years old, very -- and the last three years, a large amount of Asian attendees that are staying in the hotel, attending this event. We do not have any issues with those attendees. They are here to attend the festival and have a good time, and we have not had issues during that time. And working with Ultra over the last eight years, they've been very accommodating to work with on logistics and finding ways to do things differently to make the event even better, and I know that working together with the City of Miami and Ultra, we can come up with a solution that makes this festival work, because it promotes Miami for 365 days of the year, not just for the three days of Ultra Music Festival weekend. Thank you. Commissioner Carollo: Mr. Chairman -- Chair Russell: Thank you. Commissioner Carollo: -- if I can -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- I'd like to ask him a couple of questions. Sir, are you representing yourself as manager, or have the owners of the hotel approved you to be here and speak in favor of this? Mr. Hill: The owners of the hotel are in favor of Ultra staying in downtown. So on behalf of the owners of the hotel, and as the manager of the hotel, I'm here. Commissioner Carollo: Well, have the owners given you anything in writing, emails, anything? Mr. Hill: No, but I can request something from them, yes. City of Miami Page 35 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Okay. Which of the owners -- since the owners -- the new owners for the last year plus -- is the People's Republic of China. Which of the owners has approved that; the Chairman of the party in China, head of the Public Bureau? Which one has approved it? I'd like to know. Mr. Hill: The ownership of the hotel is owned by a group out of Chicago, Strategic Hotels and Resorts, and that is funded by an insurance company and bank, which is a Chinese -based company. Commissioner Carollo: And the last that I heard, the People's Republic of China's government accused them of some financial wrongdoings or something to the effect, and they took over that corporation. Mr. Hill: That -- Commissioner Carollo: Did something change since that was announced about a year or plus ago? Mr. Hill: -- was a year or plus ago. Since that, the company has returned to solvency, and it's been operated by its own Chairman, and the company -- the portfolio of Strategic Hotels and Resorts is in the process of sale right now, and there are several bidders that are bidding to buy the entire portfolio, which is about 18 hotels. Chair Russell: Thank you. Commissioner Carollo: Last but not least, you said that you had a drop in revenue in the hotel -- Mr. Hill: Yes. Commissioner Carollo: -- in the last year? Well, how could that be? Because we had Ultra last year. Mr. Hill: Just because of the location at Virginia Key, the hotel did not sell out, which it has in all of the previous years. We have people that come and stay for four, five, six nights in previous years. This year, we had people stay two nights, three nights. We ran 65, 70 percent occupancy on those four nights of the festival and -- Commissioner Carollo: I'm amazed, because in March, what we've always been given -- March is our highest season. What we always have been given is that our occupancy rate across the board is much, much higher than what you're telling me today that it is. Mr. Hill: March is part of high season for us. The last two weeks of March is spring break. Typically, during that time, group business, which we are a group hotel, predominantly, people don't book group business during spring break time, because a lot of attendees will not be able to attend those meetings. As a result, we're looking at events like Ultra that come during spring break and bring strong occupancy to the downtown area. Commissioner Carollo: Where do you think that these Ultra renters that you had went? Because you're certainly still one of closest hotels that you have to Virginia Key. And with so many people that are leaving so much money here, you would think that they would need your rooms. City of Miami Page 36 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Hill: With the event at Virginia Key? Commissioner Carollo: Yeah. Mr. Hill: The attendance this year at Ultra was certainly down. The international attendance and the out-of-town attendance was down. I think the last-minute confirmation that Ultra would be at Virginia Key in November last year left very short time for people to plan and attend the event, not knowing what -- Commissioner Carollo: Well, they were full. They had more people than ever before; certainly more than they brought to Bayfront Park at any point in time, from everything that I've heard. Chair Russell: Commissioner, I'm not actually sure on that, and I've asked Ultra for those numbers, because I'd like to know if they had a drop in attendance, because my suspicion would be that if they pulled out from Virginia Key, Virginia Key wasn't working for them. They canceled the contract in this case, not us. I think their numbers were down this year, and I think this is an indication of that as well. So whether or not Virginia Key works for them or not, whether or not that drops -- I mean -- and you were not sold out this year; is that right? Mr. Hill: Not sold out. 65 to 70 percent occupancy; whereas, all previous years, I've been sold out a hundred percent. Chair Russell: Right. Commissioner Hardemon: Mr. Chairman? Chair Russell: Commissioner Hardemon. Commissioner Hardemon: If we can, if we can allow the public comment to complete. I know we only have an hour more of business to take care of. That way, we can do some business on the dais and then immediately come to the Ultra conversation. Chair Russell: I agree, but Mr. Hill is an invaluable resource, being in the InterContinental and a key player in the downtown. I really want to understand what's happening with the business with Ultra there, with Ultra not there. So I appreciate your answers. Are there any other questions? Commissioner Carollo: Yeah, there's one last question. I'm very familiar with your hotel. I was a very young man, young Commissioner, in my mid-20s when that got, built. Ted Gould built it; built one of the finest hotels we still have in Miami. You have impact windows in that hotel? Mr. Hill: We have impact windows, yes. Commissioner Carollo: The noise level, how does it affect, if it does, your non -Ultra residents that stay there? Mr. Hill: Yeah. I'm in the hotel the entire weekend during the event. Yes, you can hear some of the noise, but to the point that that noise is detrimental, or that you can't hear yourself once you're inside the building is not something that is a major impact. Commissioner Carollo: Now, that's the area where you just lost me. I visited numerous of the buildings in the last time Ultra was at downtown, because I had an City of Miami Page 37 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 obligation to really hear for myself the impact that it was having. And it -- all the buildings that I visited, it was coming through impact windows that were closed. And after being there, you know, maybe an hour in one place, a half hour in another, I myself couldn't take that anymore. I would be surprised that it's as gentle of what you're telling me. Mr. Hill: All right. Chair Russell: Let's -- Commissioner Carollo: Thank you. Chair Russell: Thank you. And let's table the rest of the discussion for the item itself. Thank you, Mr. Hill. I appreciate it. Mr. Hill: Thank you. Chair Russell: Good morning. Eric Jellson: Good morning, Commissioners. My name is Eric Jellson. I'm at the Epic Hotel. And the employees of the Epic Hotel, we ask you to keep Ultra in our fine City. I happen to be the first employee of the Epic Hotel when it was built, and watched Ultra, through the course of years, grow in itself, and help our City and our hotel grow with it. And so, with that, we ask you to keep Ultra here in town. Thank you. Chair Russell: Thank you. Good morning. Julissa Kepner: Good morning. My name is Julissa Kepner. I'm the General Manager at the Miami Biscayne Bay Marriott. I am here representing 110 registered voters of my associates that live in the City of Miami, and also representing my ownership group, which is Host Hotels, who owns a few hotels in the City of Miami. And today, I would like to let you know about the impact that not having Ultra in our City had on our hotel. We have 600 rooms, and we were not able to sell out. When we sell out typically every Ultra event, we were able to give a lot of hours in overtime to our associates, and this year was not the case. I had several discussions with my associates, and they are concerned not bringing Ultra back to the City. And today, I'm here to really be the voice and ask you to please reconsider to bring the event back to the City; not only it has an economic impact on our associates who are residents of the City, but it also makes Miami a well-known city in the world; brings over 70, 000 people here in our City; the airport is busy, the restaurants are busy, our City is busy. So today, please, I hope you reconsider and vote "yes " to bring the City -- the event back. Thank you. Chair Russell: Thank you very much. Good morning. Spencer Pylant: Good morning. Good morning, Mayors [sic], Chair, and Commissioners. My name is Spencer Pylant, 1601 Biscayne Boulevard, Miami, Florida. I'm here representing the Greater Miami Chamber of Commerce, and we're here in support of Ultra Music Festival, one of our members. We thank Commissioner Hardemon for bringing this item forward today, because we think that, number one, Ultra is good for our City. It's one of the few home-grown functions that's known across the globe. I don't know many other events in Florida or in anyplace, rather, that brings in people from 105 different countries. It adds to the record 126 million people that Florida saw last year and will continue to see in the following years. It's also good for our businesses. $168 million in economic impact is something that we simply cannot afford to lose. It also creates nearly City of Miami Page 38 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 2,000 jobs, and puts food on the table for our hard-working police, fire, and emergency first responders. It's also come to my attention that about 275 businesses in downtown and Brickell have submitted to the City letters of support for Ultra Music Festival and keeping it here in Miami. Finally, my own personal story. I moved here a year and a half ago from Pasco County, Florida. I'll forgive you if there's folks here who don't know where that is on the Florida map. But I moved purposely into Brickell and worked downtown, because I wanted to be close to things, like Ultra Music Festival and other vibrant events that make our City a worldwide place to live, work, and play. Thank you for your time. Chair Russell: Thank you. Good morning, Wendy. Wendy Kallergis: Good morning. My name is Wendy Kallergis, and I'm the President and CEO (Chief Executive Officer) of the Greater Miami and the Beaches Hotel Association; in my 10th year, by the way, so it's been a great journey. On behalf of our board of directors and our members, we support the Ultra Music Festival's return to downtown Miami, specifically to Bayfront Park. I think you've heard from a lot of our industry today and also a lot of residents. And we did a survey of our downtown Brickell hotels, and we have thousands of City of Miami residents. I wanted to also thank Chair Russell and all of the Commission, the Mayor, City Attorney; and I'd like to thank, in particular, Commissioner Hardemon for sponsoring this item, and looking forward to working with you. I know -- I don't know if it's going to be a deferral. It looks like a deferral. And I just wanted to let you know that we're here for you throughout that process, and anything that you need from us, please count on us -- our support. Thank you. Chair Russell: Thank you. Good morning. Irela Bague: Good morning. My name is Irela Bague, and I'm the Vice Chair of the Resilience Committee for the Greater Miami Chamber of Commerce, and for over 20 years, I've worked as a consultant; focused on environmental and sustainability issues with both the public and the private sector. I've had the pleasure of working with Ultra to develop the Mission Home Campaign, which was launched this year on Virginia Key. This new bold campaign included the reduction of single -use plastics, eliminated the use of polystyrene products and plastic straws, eliminated the use of balloons, utilized meaningful recycling options; included solid waste reduction, sorting, and composting; and partnered with local environmental organizations, and engaged in community cleanups. In addition, vendors and staff were educated, and event patrons were also engaged during the festival on environmental stewardship. They truly lived up to their commitment to leave no trace. I truly believe that Ultra Music Festival can serve as a sustainable model; not just for the City of Miami, but for -- globally, for global festivals of large scale. And I'm confident that Ultra's move back to Bayfront Park will include their sustainability program, which will help keep our bayfront and Biscayne Bay clean. Thank you very much. Chair Russell: Thank you. Armando Ibarra: Hi. Good morning. Thank you, Mr. Chairman. Thank you, Commissioners. My name is Armando Ibarra. I'm with Greater Miami and the Beaches Hotel Association. And I'm here to share some brief data that we've collected that demonstrates the very important economic contributions that Ultra makes to City of Miami, in particular the downtown area, and of the very negative impacts that the area would see from Ultra not being approved to return to Bayfront Park. From the perspective of the Greater Miami and the Beaches Hotel Association and our members, hotels in the City of Miami, and particularly within the urban core, are already taking very concerning hits of demand for March 2020, due to consumer doubts that the City of Miami will approve Ultra's return to Bayfront Park. City of Miami Page 39 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 You know, based on an analysis done from TravelClick s booking data analytics, their report -- it reports the hotel's total committed occupancy, which is a measure of demand, and bookings already made for the weekend of Ultra Music Festival in the City of Miami has already fallen by 21 percent -- 25.1 percent, and within the downtown area, by 73.8 percent. So this represents millions of dollars of lost economic activity in demand for hotels. This is very concerning, because these losses will compound as they affect other tourism -oriented businesses, tour groups, and the like, but also the thousands of employees of our downtown hotels that call City of Miami home and are residents of the City, as some of the prior speakers and ho -- from the hotels, you know, explained. Many of our residents, many of who are employees that are residents in the City, rely on the demand created by Ultra in order to be able to get the hours, the overtime, et cetera, that they rely on to make ends meet, and so, losing that demand will have a very negative impact on a lot of small businesses, but also on many employees that are home -- that make the City of Miami home. You know, we worry that this trend will get worse. If Ultra is not approved to return to Bayfront Park, then these losses will be baked in permanently, and there would be a major negative impact to these employees on an ongoing basis, and it will compound, as I mentioned, to all these other businesses, whether they be - Chair Russell: Thank you. Mr. Ibarra: -- retail, tourist -related businesses. So we ask you please to support returning Bayfront Park -- Chair Russell: Thank you. Mr. Ibarra: -- Ultra to Bayfront Park. Commissioner Carollo: Can I -- Chair Russell: Thank you. Commissioner Carollo: Chairman? Chair Russell: Yes, sir. Commissioner Carollo: Can I ask him just areal brief question? Chair Russell: Sure. Commissioner Carollo: How come you weren't worried when Roaring [sic] Loud left Bayfront Park? Mr. Ibarra: Pardon me? Can you repeat the question again? Commissioner Carollo: How come you didn't have the same concerns that you're expressing here for Ultra when Roaring [sic] Loud left Bayfront Park? Mr. Ibarra: We -- I think from the perspective of many of our members, we were willing to give Virginia Key a chance. I think that -- Commissioner Carollo: No, no, no, no, no. I'm talking about another major concert, Roaring [sic] Loud, that was hosted a couple of years back in Bayfront Park. How come you did not express the same concerns? Nor have I heard anybody else here express the same concerns that you lost all that revenue that you're claiming was lost. City of Miami Page 40 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Ibarra: No. Our industry shows that concern for all major events. We believe in attracting -- that attracting major events is an important part of our tourism economy, and generally, we're in favor of anything that will attract more major events and more visitors to our City. Chair Russell: Thank you very much. Mr. Ibarra: Thank you. Chair Russell: Next speaker, please. Kitty Roedel: Kitty Roedel, 4181 Malaga Avenue, Coconut Grove, Florida. Mayor Suarez, Commissioners, and Chairman Russell, many, many years ago I spent 12 years of my life redeveloping Bayfront Park. Most recently, along with the Friends of Maurice Ferre Park, worked with this Commission to honor Maurice Ferre with the naming of Museum Park. It seems, in the last six months, we have seen an attack on our downtown waterfront parks from the very people elected to protect and enhance these parks. We've seen Grand Prix races, RFPs for a mini Bayside in Maurice Ferre Park, amusement ordinances, a Miami waive hotel with a Ferris wheel proposal on the FEC (Florida East Coast) slip, complete with an underground parking garage, in an era of rising sea level and climate change, and now Ultra again threatening Bayfront Park and residential life in downtown. There seems to be a total disconnect from what residents and taxpayers want in their parks and what City Commissioners keep proposing for parks. What seems to be lacking here is a mutually agreed upon public policy that respects the sanctity of parkland by our elected officials. There seems to be a new unwritten policy that our parkland is there to make up for budget shortfalls; that there is some sort of green cash registers; that they're subject to private developers and sweetheart deals; that they have no value; it's just a park, or God forbid, unactivated [sic] open space, but that they must earn their keep. It used to be, the City of Miami would just put a restaurant in a park, a lease here or there, but now we have a 44,000 -square -foot luxe shopping mall in front of us, with a parking garage, and 73 acres of Melreese given away to developers in a billion -dollar scheme. Here's a question for the Commission: Why can't these developers buy their own land for their own projects? Why do they have to use public land? Chair Russell: Thank you very much. Ms. Roedel: One more second? Chair Russell: Nope; sorry. We need to keep moving. Ms. Roedel: Yes? Chair Russell: 10 seconds. We need to keep moving. Ms. Roedel: Okay. Ina City with very high density and nonstop construction and limited open space for parkland, every inch of green space in Miami is precious and now threatened. It's long past due that we have this public policy discussion. Chair Russell: Thank you very much, Kitty. Ms. Roedel: Thank you. Chair Russell: Thank you. Good morning, Bill. City of Miami Page 41 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 William Talbert: Good morning. Bill Talbert, with your Greater Miami Convention and Visitors Bureau, with off ces at 701 Brickell, District 2; my home at 1601 Nocatee, District 2. Commissioner Hardemon, thank you for bringing this forward. Somebody mentioned -- I think the core issue here is what kind of city does the City of Miami want to be in the future? Do you embrace important global events? Ultra is an important global event. If you travel to Europe, you travel to South America, it's been said here, you say, "Where're you from?" "Miami." "Ultra, Ultra'; more known around the world with a positive -- it's -- Commissioner, it's true, it's true. So what kind of city you want to be? This is an important event. One thing I know is that I have never, ever, ever seen the downtown hotels come together like they have done for this project. They've never done this. This is the first time. That's how important they feel keeping Ultra downtown. The hotels downtown are some of your biggest employers. It's jobs, jobs, jobs; Ultra. Thank you, sir. Thank you, Commissioners. Chair Russell: Good morning. David Polinsky: Good morning. My name is David -- Dr. David Polinsky, from 1040 Biscayne Boulevard, Miami, and I'm not here to speak about Ultra, but I am here to speak in opposition to FR.5 in its current form, which is draft legislation that would require an independent traffic and environmental study for new construction projects as small as 30 apartment units, or 5,000 square feet of retail. This is a more aggressive approach than the current legislation, which only requires traffic studies and mitigation for projects larger than 200,000 square feet, and I think that's a reasonable standard. Large projects have large impacts on roadways and parking, but I think it would create an undue burden on small projects. If I can, I have a further suggestion, which is that mobility practices and uses are changing so rapidly in the City of Miami. What you Commissioners deserve and should require is a fully staffed and funded mobility and transportation department, which analyzes these trends before you put requirements on developers, but that's just a suggestion. Thanks so much. Chair Russell: Thank you. Good morning. Christina Crespi: Good morning, Commissioners. I'm Christina Crespi. I'm the Deputy Director with the Downtown Development Authority, and I'm here to speak in support of RE 14. We thank you for your partnership on this very exciting project for downtown, for the community, for all of the City to enjoy. Its the Baywalk Lighting Project that's part of our Super Bowl legacy that the NFL (National Football League) is going to leave behind, and we really appreciate your support. Thank you. Chair Russell: Thank you very much. Commissioner Reyes: Mr. Chairman? Chair Russell: You have a question? Commissioner Reyes: Yes, I have a question with Ms. Crespi. I -- Chair Russell: We can take it at the item, if you want her to stay. Commissioner Reyes: No, no, no. It's not about the item. It's just a suggestion. It's a request. I heard that you have some reserves. You have all the reserves committed? Ms. Crespi: There's not a committee of reserves that we have -- City of Miami Page 42 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Okay. But you have about $3 million left -- right? -- in your reserve? Chair Russell: Commissioner, we need to keep (UNINTELLIGIBLE). Commissioner Reyes: My question is this. Hold on a second, sir. My question is this: Would you commit some of those reserve for homeless programs, outreach, and trying to clean the downtown Miami a little bit? Ms. Crespi: Sure. Commissioner Reyes: Could you please work with my office and -- Ms. Crespi: Definitely. Commissioner Reyes: -- so we can start working with the Administration in that program? Ms. Crespi: Definitely. We've been in talks with the Administration, and we'd love to work on something. Commissioner Reyes: Because I think that we shouldn't invest more of those funds into -- an effort to -- Chair Russell: Thank you very much. We'll be glad to share with you how much we actually do, and we'll be glad to invest more. Ms. Crespi: Thank you. Chair Russell: Thank you very much. Commissioner Reyes: I'm not talking to you, man. I'm talking to her. Chair Russell: Thank you. Next speaker, please. Emilio Calleja: Thank you. My name is Emilio Calleja, 401 Biscayne Boulevard, Bayside. Thank you for the opportunity to speak. Albeit Bayside, what a relief it was not to have Ultra this March; not to have Bayside fenced off, not for parking rates skyrocketing, not for the closure of the Biscayne Boulevard north lanes, not for the hardship just to get into Bayside; not only for our customers, but for our employees. We have over 150 businesses there. In my opinion, my business doubled this past March in comparison to last year, so we are impacted, and we're ground zero. We are Bayside; we're right next to the park. We get no deliveries during that week. Like I said, we get fenced off. And the only way to get into Bayside, if you know how to get in, is on 5th Street. There's no access on the 3rd Street entrance. So all of these things really make us feel -- and I understand what everyone else has said -- we are being singled out and not being able to do business as the other people are claiming they can do during Ultra. I urge you to reconsider it. I urge you to give us a break. I think Ultra has outgrown Bayfront Park. It's like the suit you wear when you're 20 years old; it doesn't fit anymore. I think right now, that's what's happened with Ultra; they've outgrown downtown, they've outgrown the venue. Let them find a venue, like major events, in big open fields, but not in downtown. Thank you. Commissioner Carollo: Emilio -- Vice Chair Gort: Thank you. City of Miami Page 43 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: --hold on for one second. IfI may ask him a question? Vice Chair Gort: Sure. Commissioner Carollo: How many employees do you have in your business at Bayside -- Mr. Calleja: 42. Commissioner Carollo: -- approximately? Mr. Calleja: 42. Commissioner Carollo: 42; a sizeable amount. I want to make sure that I heard what you stated; that when Ultra wasn't there this past year in Bayfront Park that your business doubled? Mr. Calleja: Yes. I have the numbers. We have -- as a businessman, you compare date to date. Vice Chair Gort: Thank you, sir. Mr. Calleja: Our business dropped. Vice Chair Gort: Thank you. Commissioner Carollo: Well, would you say that the majority of the business around the downtown area like that might have experienced, more or less, what you have; that at least their business went up instead of going down? Mr. Calleja: Well -- Commissioner Carollo: I'm talking the ones that are selling food or selling other stuff in downtown Miami. Mr. Calleja: Well, I speak to Bayside. Like I said, the problem is we're fenced off. Access to Bayside -- try and get in on -- into Bayside during Ultra. Not only that; the whole setup. Commissioner Carollo: Yeah, but to me, it's still amazing, because you've had approximately 50, 50 plus thousand people there each day for three days. Bayside has to close its restaurants, places to have drinks -- Mr. Calleja: They don't come. Commissioner Carollo: -- than anyone, and I would have thought that you would have been more impacted than anyone else, and you're telling me -- Vice Chair Gort: Commissioner -- Commissioner Carollo: -- it's just the opposite. Vice Chair Gort: -- if I may, we have a long agenda. We're going to discuss this. We can discuss this when it comes to it. City of Miami Page 44 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Yeah, but it was important, because a lot of these people might not be around later, so we want to get -- Vice Chair Gort: I understand. Commissioner Carollo: -- that on the record. Commissioner Gort: It's on the record. Commissioner Carollo: Thank you. Vice Chair Gort: Thank you. Next. Yes, sir. Tommy Reyes: Good morning. My name is Tommy Reyes. I'm a City resident, I'm a City employee, and I'm the President of the Miami Fraternal of Police. I'm here today to speak to you in favor of Ultra coming back to Bayfront Park. Ultra in the City of Miami creates lots of jobs; it brings money to our officers; brings money to other City employees, like sanitation, the contracted employees, the employees of the hotels. Losing Ultra would not just be Ultra. Remember, Winter Music Conference goes along with Ultra. We're going to lose hundreds of smaller events that employee, City residents, and City police officers, and all other types of City employees. Okay? It's taken us many years -- not just us; the Fire Department, Ultra staff -- to get Ultra down pat. In Bayfront Park, it goes down without a hitch, practically. Moving it was a bad idea to begin with, in my opinion. Moving it back is the best idea anybody can think of. It's going to keep bringing the money into the City. It's going to keep people employed. And it's -- like I said, there's hundreds of events that go along with Ultra. It's not just Ultra we're going to lose. Thank you. Chair Russell: Thank you very much. Mr. Reyes: Any questions? Chair Russell: Nope. Thank you. Good morning. Joy Prevor: Good morning. Joy Prevor. And I need to say that I have nothing against Ultra; I truly do not, but it no longer belongs at Bayfront Park. And as opposed to all of these speakers that you've been listening to today, many of whom who say they live in downtown and somehow seem to be employed by Ultra in one way or another, I actually live across the street from where Ultra takes place; not in Brickell, not up in Bayshore Drive; across the street. And I will remind you that the lawyer for Ultra who came here and testified to you about the sound produced by Ultra, he told you very clearly that that sound was being experienced very differently in the condos than it was at the concert. They may be enjoying Ultra. They may be great with the sound, and I'm glad they're having a good time, but the condos are absorbing all of that sound. Okay? And this past year, having the park to ourselves to enjoy with the rest of the City was such a pleasure. I don't know if you joined us, but we had opera in the park, we had Shakespeare in the park for kids. It was a beautiful time. And we're not opposed to events. We're not saying you shouldn't have Fourth of July. We're supporting the Super Bowl. We've worked with the Super Bowl to find ways to make this work. And along those lines, by the way, I just want to also speak in favor of the RE. 14, because that's a good example of being a good community partner, working with us; giving something back to the community that you've impacted. Okay? So I just don't think that it belongs at Bayfront Park anymore. And I just want to remind you that these visitors may come and go. They're here for a weekend, and that's great that they come, and I love that they spend money at the hotel, but we are your citizens, your residents -- City of Miami Page 45 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Thank you. Ms. Prevor: --your taxpayers year round. Chair Russell: Thank you. Ms. Prevor: We need you to represent us. Chair Russell: Thank you very much. Good morning. Sherman Ratner: Good morning. My name is Sherman Ratner. I'm the President of 1809 Brickell Tenants Association and Protectmiami.org. And as a resident of senior affordable housing -- we all sort of know the history of it -- I want to put what I think is the single most critical issue facing the City; this crises, which is all over the country; 60 percent of the people can't afford to live here. We recently had a report that says you need 50, 000 units. By the way, I'm talking about PH. 2, the first tranche of $8 million in affordable housing from the Miami Forever Bonds, and also about Magic City and the general issue here. We have a situation where even by the recent strategy, affordable housing strategy submitted, they are saying they need, you need, we need 50,000 new affordable housing units. They give a proposal. I hate to even call it a proposal; notwithstanding all the hard work that went into it -- that provides for 12, 000 units. My calculation is, you need 100, 000 units. I want to put in perspective what this afford -- the Miami Forever Bond, which people keep referring to as $100 million when, in reality, it's $8 million a year. What does that get you? Based on this projects before you --and I'm not saying you shouldn't do it. Of course, you have to do it -- but you will get about 370 affordable units for your $8 million. Most of the rest of the other moneys going to come from some other government action of one form or another. Over the 13 years of the Miami Forever Bonds, the likely 13 years, you'll be lucky to get 4,500 new affordable units. That assumes that you can preserve the units you have, and you haven't even been able to preserve the 370 units at -- Chair Russell: Thank you. Mr. Ratner: -- 270 units. So you need to step up the game. We are in an entirely disastrous situation -- Chair Russell: Thank you. Mr. Ratner: You're not doing enough. Thank you very much. Chair Russell: Thank you, Mr. Ratner. Good morning. Fran Fenton: Good morning. Fran Fenton, at One Miami. Good morning, Commissioners and Chairman Russell. I'm surprised to find myself addressing the use of Bayfront Park again for Ultra so soon. I'd like to address some of the myths that are used as arguments to allow Ultra in Bayfront Park. The first is that it has always been in the park and, therefore, Bayfront Park is its home. It has actually had a nomadic existence. This music festival was first held at Miami Beach in 1999 and 2000. It didn't move to Bayfront from 201 [sic] to 2005, and it was a one -day event; and then from 2006 to 2011, it was held in Bicentennial Park; now Maurice A. Ferre Park. It did return to Bayfront in 2012 until 2018. Another misrepresentation of this event is that it's only a three-day affair. This is certainly true for the concert goers, but not for the downtown residents, who literally get fenced out of the park for about six weeks, including being excluded from the baywalk, which is also a tourist attraction. Without the baywalk, reaching Bayside Marketplace can be challenging, affecting both tourists and small businesses. Taking the park and the baywalk away City of Miami Page 46 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 for extended periods of time means that tourists do not get to see the real Miami. Last year we learned from a study that the noise levels generated by the amplifiers at Ultra posed health risks to the residents of at least one condo across Biscayne Boulevard. I can't believe a city would put its residents at risk by continuing to hold a concert at this location. If this and other events are so vital for Miami's economic success, shouldn't we problem -solve and find a real home for them which is noncontroversial, an underutilized stadium or a field which doesn't disrupt our quality of life or harm the health of our residences? By the way, just as we're fenced out, the concert goers are fenced in. They do not see Biscayne Bay. They really don't need waterfront property. Thank you very much. Chair Russell: Thank you very much. Are there anymore speakers on this lectern? Please approach the lectern and share between both of them, so we can move quicker. Peter, good morning. Peter Ehrlich: Good morning, Mr. Chair, Commissioners. Peter Ehrlich, 720 Northeast 69th Street, and I'm here on RE.3 and also RE. 14. I oppose Ultra leasing Bayfront Park. I support my downtown neighbors who oppose Ultra on the park. I believe Commissioner Carollo, and perhaps other Commissioners, have specific questions about the details of the lease. And regarding RE.14, I support the $300,000 being allocated to the Downtown Development Authority, to be used for Baywalk Lighting Project. Thank you very much for your time. Chair Russell: Thank you very much. Good morning, sir. Steve Cakov: Good morning, Commissioner Russell. Steve -- and everyone else -- Cakov. I live on Brickell Key, and I represent not only myself, but many other residents on Brickell Key. I, like them, feel that we have been betrayed. After last year's vote, which was unanimous, we find ourselves here again, and I ask myself, why? Why are we here? And it seems to me we're here only because of money. And I think the welfare, the wellbeing, the health of the residents who live downtown and close to downtown -- Brickell Key as well -- is being affected by this. So I am definitely against Ultra coming back. I would like to, while I have a little bit of time, respectfully -- and I say respectfully -- I would like to ask you, by a show of hands, which of you would put this event in your front yard? Chair Russell: We'll take it as a rhetorical question. Mr. Cakov: None of you, right? Chair Russell: Thank you. Mr. Cakov: Thank you. Chair Russell: Thank you very much. Good morning. Itai Benosh: Good morning, Chair, Commissioners. Itai Benosh, downtown resident, DNA (Downtown Neighbors Alliance) Officer. As downtown residents for over a decade, my family and our neighbors enjoy the vibrant life of downtown Miami, and welcome events that are willing to be good neighbors to their host community. Last year the Downtown Neighbors Alliance successfully negotiated the Noise Abatement Program with Bayside Marketplace, which resulted in immediate drop in frequency and severity of complaints and allowed Bayside to continue their daily live music shows. We're excited and honored that the downtown Miami was chosen as a site for the 2020 Super Bowl fan events. And why is that? Because the Super Bowl Host Committee proactively engaged downtown residents to address our concerns and negotiate terms and limits for the events. I am pleased to share that we City of Miami Page 47 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 already have reached an agreement on 8 out of 10 areas of concern, and we are very closely to reaching agreement on the last two of them. Finally, the DNA and the Bayfront Park Management Trust negotiated changes to the parks event policy in order to reflect the monumental changes in downtown's demography. Last month that agreement was approved by a majority vote of the Bayfront Management Trust Board and integrated into the park's promoters' kit. That agreement represents a break -through compromise that would allow Bayfront Park to continue hosting many events that are appropriate for a residential downtown area. Unfortunately, the proposed contract before you today violates the City Charter, the 85 percent free public use ordinance, and the park event rules that were approved this year by the Trust. Furthermore, the City Manager would not meet with the DNA and consider our input. The result is an unheard of perpetual lease of Bayfront Park that will limit the public's access for a full month every year; limit the public's use of the park for six to eight additional weeks of damage repair, generate noise levels of significant safety standards of adjacent residential communities that can only be terminated by unanimous vote of the Commission. Less than a year after the Commission unanimously rejected Ultra, it is impossible to fathom how anyone could propose such one-sided deal. Due to the failure of Ultra and the City Manager to put forward a contract that is even remotely appropriate for the venue, there is only one appropriate place for this so-called revocable license: in the deleted folder of bad policy. Please vote "no. " Thank you. Chair Russell: Thank you very much. Good morning. Emeka Umeadi: Hello, Commission. My name's Emeka Umeadi. I'm a Brickell resident. I also happen to be a University of Miami law student. I was fortunate enough to have a legal internship with Ultra during their time here, and I can only speak on behalf of my experience. First and foremost, working in Sports and Entertainment Law is a challenge, and so, being able to break into the industry with a brand name like Ultra was amazing for me, but on top of that, like also seeing people come together as a city and embrace it and have -- see the opportunities that were granted to other people; not only law students, but people in the community, meant a lot to me, because I'm someone that's moved down here; and so, to be embraced in the Miami culture in an event like Ultra meant everything. And also, the economic opportunity for me, because it was paid, and I'm a student. But I would just come here as a proponent to say, the work they're doing for people in the community is amazing, from my perspective, and I would hope to see it continued. Thank you. Chair Russell: Thanks for your comments. Good morning. Mr. Dubbin: Good morning, Mr. Chairman, Mr. Mayor, Commissioners. Sam Dubbin, 1200 Anastasia Avenue, representing the Downtown Neighbors Alliance, 50 Biscayne, and many individuals. I submitted a letter, which I will then put into the -- officially into the record. But I'm going to pose some legal problems that the City will -- and the Commissioners -- undertake if they approve this measure. Number one, as you saw from the sound study, and you heard from the doctor today, the Ultra festival imposes a legal nuisance on the residents on Biscayne Boulevard who I represent. And the case law in Florida is clear; that the courts will enjoin a nuisance when -- even when it's voted on by the legal -- by the authorities. In Barbara Themose (phonetic) -- that's a Supreme Court case -- the Supreme Court enjoined the following: A dance -- open-air dance pavilion across the street in which a number ofpatrons congregated to dance and drink, with music from a band or orchestra, beginning at 9 p.m. and continuing until 1 or 2 o'clock in the morning, and the Supreme Court said that has to be enjoined, because you're violating the quiet enjoyment of the residents, and you do not have the authority to allow that. That's -- the courts will step in and say, "Public is entitled to quiet enjoyment. " City of Miami Page 48 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Number two, this agreement violates the City Charter. Chapter 29A and "B " requires for a lease or a conveyance of an interest in publicly -owned land, that there be competitive bidding, independent appraisals, and a payment of fair market rent by the private user. Now, as we know, Ultra has violated that, and the City has violated that continuously. And I understand that today, the argument of the City Attorney's Office is this is a, quote "revocable at -will license. " That is a legal fiction, which I urge you not to accept. It's basically a sham. And there is a Third District Court of Appeal case called Miami -- Homestead Miami Speedway, where they allowed the car races three days for a 15 -year period in Bayfront Park. Chair Russell: Thank you. Mr. Dubbin: And the Third District said that is a lease, it's subject to the Charter, and if you don't go through competitive bidding, you -- it's void. Can I just make one point? Chair Russell: Thank you very much. Mr. Dubbin: Can I make one -- Chair Russell: 10 seconds, please. Mr. Dubbin: -- Commissioner? Okay, thank you. I will put into record, with your permission, the materials that I'm relying on. Thank you. Chair Russell: Thank you very much. Good morning. Terrell Fritz: Good morning. My name is Terrell Fritz. I'm Executive Director of the downtown Miami Flagler District BID (Business Improvement District); here to speak to you on Discussion Item 21 the Olympia Theater. We have looked -- the board of directors of the BID, which includes Tilya (phonetic), companies, (UNINTELLIGIBLE) Miami, Stumble USA, and Sergio Rok, Enterprises, has reviewed the unsolicited proposal, and we find that it is not in the interest of the City, the theater itself, or the Flagler district. What would be a good successful proposal? It would be one that offers the City a clear path of restoration of the historic facade, which is the highest priority. This proposal brings no new ideas and no new money to the table. It would be a proposal that contributes to maintaining the current Olympia Theater status as open and active in community and creative programming. And this proposal actually offers less in actual funds to the theater and City than the current operations, so it's totally not a step forward. A good proposal would include a vision -driven community process to define any future redevelopment of the Historic Olympia Tower. The Flagler District BID believes that that could be described -- could be described -- at its highest and best cultural use. The Flagler District BID requests that the Commission reject the unsolicited proposal, but also, that you provide direction to the Administration to continue to work with us, which they always are, and the downtown stakeholders, to finally revitalize the historic core of downtown Miami, including immediately issue the RFQ (Request for Qualifications) that Procurement is requiring to go start the Phase I project that we got the State of Florida grant for. You'll have the opportunity next month to finally commit to the funding and process for the Flagler Beautification Project -- Chair Russell: Thank you very much. Mr. Fritz: -- and help us with the permitting of businesses trying to open before Super Bowl. Thank you. Chair Russell: Thanks for your comments. City of Miami Page 49 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Thank you. Chair Russell: Good morning. Commissioner Carollo: Thank you very, very much to you and all your members. It was very important to hear from you, and particularly, the information you've given us, I think, should be very valuable. Mr. Fritz: Okay. Commissioner Carollo: Thank you. Mr. Fritz: Thank you. Chair Russell: Thank you. Good morning. Is this the last public speaker? If there's anyone else who'd like to speak -- we're almost at noon -- please approach the lectern. This is the last (UNINTELLIGIBLE) to speak. Natalie Maass: Hi. Thank you guys for doing this. Chair Russell: We need the microphone toward you. Ms. Maass: Thank you guys very much for hearing all of us. My name is Natalie Maass. The name of my company is "See Ya Group. " I make the merchandise for Ultra. I started the company in 2012. One of my first big clients was Ultra, as well as the Miami Heat. I believe I owe a great deal to Ultra from my company's growth. I was able to hire a lot of students. I employee students from FIU, the University of Miami, Miami Dade College, and I owe a great deal to Ultra, and I don't think there's any reason why we should even be talking about this. I think that there is a lot of worst things in the world going on, or talk about the environment and global warming. This is three days; it's 72 hours. I believe the new contract -- I didn't read it in depth, and I don't know much about it -- is that the park access is -- two weeks without park access -- correct? -- to the residents living there; that they wouldn't have full access to the park for two weeks. That's not a long time. And I live in downtown, and I own multiple properties in downtown since 2006, and I honestly just don't think it's a very big deal to have a festival that really brings people from all over the world. And the statement about hearing loss, head- phones cause problems for your ears, as well; probably more problems for your brain than whatever you hear through windows. So I actually think it's quite silly why you would not vote yes or Ultra, and please don't defer; vote today. I think it's really not such a big deal. Thank you. Chair Russell: Thank you very much. Good morning, Amal. Amal Solh Kabbani: Good morning. Thank you. I should save a blanket here; I'm here so often, and I keep forgetting how cold this room is. My name is Amal Solh Kabbani, and I'm the President of the Downtown Neighbors Alliance. I'm also obviously a resident of 50 Biscayne. I've got three things: RE. 14, `yes" to the Baywalk Lighting Project; `yay" to the DDA (Downtown Development Authorities); wonderful job, girls. I love you. D1.2, please vote "no. " Don't encourage unsolicited proposals, and please protect our historical Olympia Theater, please. RE.3, "no " to any mega -size event at Bayfront Park. That takes over our only green space, as in -- and is dismissive of the residents' requests. We are not here to eliminate events that coexist with the residents; case in point, Pitbull, Super Bowl, Miami Run. We have concerts every week in the amphitheater. We have wonderful community -driven events; Opera in the Park, Shakespeare and Mozart for the City of Miami Page 50 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 children. So it's not about events; it's about the mega size of the event at Bayfront Park. To the businesses and workers that are relying on three days out of the year to make your revenue, which, coincidentally, is during spring break, you have a bigger problem on your hands. To the hotels, help us help make downtown vibrant not just three days a year. Let us join forces to revive the core, starting with our Flagler Street, and demand programs that shelter the homeless population, so tourists, especially those with means, and not the Airbnb kind, can enjoy coming to downtown; again, not just three days a year. Chair Russell: Thank you. Ms. Kabbani: And finally, just to throw it out there, I don't think any brand would want to be associated with killing green space. Thank you. Chair Russell: Thank you very much. Here's what I'd like to do now, gentlemen. We're going to close public comment. MV - MAYORAL VETO(ES) 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 vetoes? Are there any mayoral vetoes, Mr. Clerk? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Russell: Thank you very much. END OF MAYORAL VETO(ES) City of Miami Page 51 Printed on 09/24/2019 City Commission Meeting Minutes CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo CA.1 RESOLUTION 5930 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Parks and EXECUTE A COOPERATIVE AGREEMENT, IN SUBSTANTIALLY Recreation THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ("SCHOOL BOARD") FOR THE PURPOSE OF CONTINUING THE NATIONALLY ACCLAIMED PROJECT SEARCH PROGRAM AT THE CITY, WHICH PROVIDES MARKETABLE JOB TRAINING AND SOCIAL SKILLS FOR STUDENTS WITH DISABILITIES TO ACHIEVE THE GOAL OF SUSTAINABLE EMPLOYMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, FOR THE PERIOD COMMENCING JULY 1, 2018 THROUGH JUNE 30, 2021. ENACTMENT NUMBER: R-19-0244 This matter was ADOPTED on the Consent Agenda. June 27, 2019 Note for the Record. For minutes referencing Item CA.], please see "Order of the Day" and "End of Consent Agenda. " CA.2 RESOLUTION 5927 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Real AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Estate and Asset EXECUTE A LICENSE, IN A FORM ACCEPTABLE TO THE CITY Management ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A PERIOD NOT TO EXCEED THE LAST DAY OF JANUARY 2021, FOR A LICENSE AREA OF APPROXIMATELY ONE THOUSAND ONE HUNDRED NINETEEN (1,119) SQUARE FEET OF A PORTION OF THE SIDEWALK LYING WITHIN CITY -OWNED PROPERTY LOCATED AT 405 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA ("PARCEL"), AS MORE PARTICULARLY DESCRIBED IN THE LICENSE, TO BE USED SOLELY FOR BACK OF SIDEWALK HARMONIZATION. ENACTMENT NUMBER: R-19-0245 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " City of Miami Page 52 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 CA.3 RESOLUTION 5943 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY YALAMI Attorney MEDEROS AND HER ATTORNEYS, SCHWED ADAMS SOBEL & MCGINLEY, P.A., WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF FIFTY THOUSAND DOLLARS ($50,000.00), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE CASE STYLED YALAMI MEDEROS VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 11-2820 CA 31, UPON THE EXECUTION OF GENERAL RELEASES AND SATISFACTIONS OF JUDGMENT, AS TO ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-19-0246 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " City of Miami Page 53 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 CAA RESOLUTION 5905 A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING Department of THE BIDS RECEIVED MARCH 19, 2019, PURSUANT TO Police, Department INVITATION FOR BID NO. 1016381, FOR THE PURCHASE OF of Fire -Rescue and BADGES, WALLETS, AND INSIGNIAS FROM THE FOLLOWING Department of RESPONSIVE AND RESPONSIBLE BIDDERS, ON A PRIMARY, Code Compliance SECONDARY, AND TERTIARY BASIS AS FOLLOWS: PRIMARY, LAWMEN'S AND SHOOTERS' SUPPLY, INC., SECONDARY, OAKS INTERNATIONAL TRADING, AND TERTIARY, DANA SAFETY SUPPLY, INC., FOR THE CITY OF MIAMI'S POLICE DEPARTMENT ("POLICE"), FIRE -RESCUE DEPARTMENT ("FIRE - RESCUE"), AND DEPARTMENT OF CODE COMPLIANCE ("CODE"), 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 POLICE'S GENERAL FUND ACCOUNT NO. 00001.191501.552200, FIRE -RESCUE'S CLOTHING/UNIFORM SUPPLIES FUND ACCOUNT NO. 00001.184010.552200.0000.00000, CODE'S GENERAL FUND ACCOUNT NO. 00001.152000.552200.000001, 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-19-0247 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see "End of Consent Agenda. " END OF CONSENT AGENDA Chair Russell: I'd like to batch items that we are in consensus on. Commissioner Hardemon: May I --? Chair Russell: And I'll -- let me recommend the motion, if I could. It'll be the entire CA (consent agenda), PH (public hearing), and RE (resolution) agendas, except for anything you intend to vote "no " on or would like to discuss, so we can pass it all now. So which items would you like to pull from those agendas? City of Miami Page 54 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Commissioner, I stated that I would be having to leave and break at noon, as we always do. What I am not going to do now is just rush and approve -- I don't know -- Chair Russell: Only the items that you -- we are in consensus on. Commissioner Carollo: -- 20 plus items at one time without going through them carefully. I'm sorry; I came from the old school, that we used to go item by item on the agenda. Now we're going to throw in a whole bunch of items as one, where I'm going to need some time to really go through them, to be sure we know what we're voting on. I can't do that. I apologize. Chair Russell: So my recommendation -- because this is what we've done every meeting -- Commissioner Reyes: Mr. Chair? Commissioner Carollo: But with more time. Chair Russell: -- since I've been Chair -- Commissioner Reyes: Mr. Chair, I have some items that needs to be signed by the Mayor. Chair Russell: I understand, and I'm trying to do that right now. Commissioner Reyes: But I'm going to tell you which -- what they are, and if Commissioner Carollo agrees with it -- It is PH.], which is a housing project; RE. 10, which is -- Chair Russell: No. No, no, no. This is the way we're doing this. We're either doing this or we're not doing this. Now, we could (UNINTELLIGIBLE) -- Commissioner Reyes: Wait a minute. Chair Russell: Please listen to me. Commissioner Reyes: Okay. No, no, you listen to me. Chair Russell: No, no. Sir -- Commissioner Reyes: I mean, you -- Chair Russell: -- sir, you are not chairing this meeting. Commissioner Reyes: -- don't cut me off again, man. I mean, you have that -- Chair Russell: I will cut you off, sir. Commissioner Reyes: Okay. Chair Russell: You do not have the floor right now, and I have not granted it to you. Commissioner Reyes: Let me tell you this. I'm sick -- Chair Russell: Please. City of Miami Page 55 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: -- and tired that every time that -- Chair Russell: I'm trying to get us out -- Commissioner Reyes: -- I'm addressing this, you always cut me off. Chair Russell: -- by lunchtime. Commissioner Reyes: Okay? Chair Russell: We're about to lose our opportunity. Commissioner Carollo: (UNINTELLIGIBLE) I -- Chair Russell: If you'll listen to me, please. Commissioner Carollo: -- had told you I would leave by noon. Commissioner Reyes: And who the hell do you think you are? Chair Russell: You said you had to leave -- Commissioner Carollo: -- Pass. I'm leaving. Chair Russell: -- but we did so much public comment where there was interaction with the Commissioners. Public comment is not meant to be a roundtable -- Commissioner Reyes: Point of order. Chair Russell: -- discussion; it's meant to be our moment to listen to our constituents. It turned into three hours, because we had many, many comments, including Commissioner Carollo, which has brought us up to noon. So Mr. Clerk, what is the ruling after noon, as we have lost one Commissioner? Commissioner Reyes: I have a point of order, sir. Chair Russell: Do we need unanimous consent of the Commission to proceed after noon? Commissioner Hardemon: No. Todd B. Hannon (City Clerk): No. That's just for 10 p.m. Commissioner Reyes: I have a point of order. Chair Russell: What is your point of order? Commissioner Reyes: I have a motion to approve PH 1, RE. 10, RE. 11, and RE. 12. Commissioner Hardemon: May I respond to the motion? Chair Russell: Is there a second? Commissioner Hardemon: I want to -- Chair Russell: No. Motion dies for lack of second. City of Miami Page 56 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Okay, listen. Chair Russell: Okay, I'm sorry. Mr. Hannon: Chair, Chair -- Chair Russell: We do have a second. Mr. Hannon: Commissioner Gort, did you just second the motion? Chair Russell: He did, he did, he did. Commissioner Hardemon: Okay. But listen, I would like to modify the motion -- Commissioner Reyes: Yes, sir. Commissioner Hardemon: -- understanding this, right? I think that parliamentary procedures allows us to have multiple items at one time. Commissioner Reyes: Yes, sir. I understand that. Commissioner Hardemon: I think it makes very good sense that we tackle a lot of items, especially before we make a decision about an item that lots of people came, because it (UNINTELLIGIBLE). Commissioner Reyes: But this is because it needs the -- Commissioner Hardemon: No, no, and I understand that. Commissioner Reyes: -- signature of the Mayor. Commissioner Hardemon: I understand. Chair Russell: One at a time, please. Commissioner Hardemon: So what I'd like to do, in the same spirit that we've been doing this for the past four or five years -- right? -- is to add to your motion. So Mr. Clerk, can you state what his items were, the motion? Mr. Hannon: Yes. The motion made by Commissioner Reyes is to move to pass PH 1, RE.10, RE.11, and RE.12. And Madam City Attorney, I believe -- Commissioner Carollo: Okay. Commissioner Hardemon: Can you -- Chair Russell: Can you say it one more --slowly, please, one more time. PH.] -- Mr. Hannon: So PH.1 -- Commissioner Hardemon: Right. Mr. Hannon: -- RE. 10, RE. 11, and RE. 12. And Madam City Attorney, I believe 11 and 12 need to be amended? Victoria Mendez (City Attorney): Yes. City of Miami Page 57 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Okay. So what I'd like to do is -- Commissioner Reyes: 13 also. Commissioner Hardemon: That's fine. What I'd like to do is amend your motion in the following manner, right? I would like to include in the motion the CA agenda, the PH agenda -- what's left of it -- RE -- Commissioner Reyes: 13. Commissioner Hardemon: -- 1, 10 through 14 -- so inclusive of yours, 10 through 14 -- and FR. 1, 2 and 3, and I know that we have to read -- okay, well, at least 10 -- up to 14. Okay? Chair Russell: So there's been a -- Unidentified Speaker: I got it. (UNINTELLIGIBLE) -- Chair Russell: Would you accept those -- Unidentified Speaker: --yes. Chair Russell: --additions to the motion? Commissioner Reyes: Yes. And you are --you're talking about the CA agenda? Commissioner Hardemon: CA agenda -- Commissioner Reyes: CA agenda, and then -- Commissioner Hardemon: -- PH agenda. Commissioner Reyes: -- the PH agenda -- Commissioner Hardemon: Correct. Commissioner Reyes: -- which is -- Commissioner Hardemon: 1, 2 and 4. Commissioner Reyes: 1, 2 and -- Commissioner Hardemon: 4. Commissioner Reyes: -- and 4. Commissioner Hardemon: And then -- Commissioner Reyes: PH agenda. Commissioner Hardemon: -- the RE -- Chair Russell: RE.1 -- Commissioner Hardemon: Did you want to do -- you wanted RE. 9, correct? Commissioner Reyes: Huh? City of Miami Page 58 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: I didn't hear you say RE. 9, but RE. 9, 10, 11, 12, 13 and 14. Commissioner Reyes: RE -- no, no. Well, RE.9 -- Commissioner Hardemon: Right. Commissioner Reyes: -- 10, 11, 12, 13 and 14. Commissioner Hardemon: That's -- that'll be the amendment (UNINTELLIGIBLE). Commissioner Reyes: That'll be it. Commissioner Hardemon: Okay. Commissioner Reyes: Okay? Chair Russell: Okay. Commissioner Reyes: And I'm doing this, just for the record, because we need the Mayor to sign this before -- Chair Russell: Understood. Commissioner Reyes: -- he leaves, and he'll be out of here in no time. Chair Russell: Understood. Ms. Mendez: I just need the list again, because -- Chair Russell: I will get it to you. Ms. Mendez: -- there's several that we need to fix. Chair Russell: Does the seconder -- Commissioner Hardemon: With amendments. With whatever amendments that are on the record. Chair Russell: -- accept the amendment to the motion? Yes. All right, so we will be moving CA. 1, 2, 3, 4; PH 1, 2 and 4; RE. 1, RE. 9, 10, 11, 12, 13 and 14, and that's it. Commissioner Reyes: Okay. We're good. Commissioner Hardemon: No. Chair Russell: Is -- Commissioner Hardemon: That's it. Ms. Mendez: So CA.1, D4 wants to be -- Commissioner Reyes wants to be the co- sponsor. Chair Russell: Done. Ms. Mendez: So that is a -- City of Miami Page 59 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: That's right. Ms. Mendez: -- an amendment. For PH.2, I believe that the resolution is also being modified, and I believe you may have already received the language? Commissioner Reyes: Yeah, sure. Ms. Mendez: Then for RE. 11 and for PH.2, this is the one that I believe that Commissioner Reyes wants to eliminate the $850,000 allocation for Opal Gardens, and allocate 850,000 for land acquisition that will be used to create and preserve affordable housing in District 4. Commissioner Reyes: That's it. Ms. Mendez: So that is the amendment to PH.2. Then for RE. 11, the amendment would be to add the capital project and the grant award and appropriation to the City's year -- Multiyear Capital Plan directly, and to amend the revocable license agreement with the elderly services provider, Southwest Social Services, to include the capital project budget and schedule; the requirement that all change orders and cost increases must return to City Commission for approvals, and that the City's oversight of the capital project and advancement of funds and reimbursements under the grant agreement for the City as fiscal agent, project manager, and grantee. That's for RE. 11, Badia. And finally, for RE. 12, the amendment is to add this -- RE. 12 also has to do with the funds from Badia Center; to add this to the capital project and grant award appropriation to the City's Multiyear Capital Plan, and to amend the related revocable license agreement with elderly services provider, Southwest Social Services, to include the same as mentioned before; the capital project budget schedule, change orders have to come to the City Commission, and the City's oversight and capital project in advancement of funds, reimbursements, under the tri party agreement for the City as fiscal agent, project manager, on behalf of Southwest Social Services. And I believe there's also -- is RE. 14 a part -- Commissioner Reyes: Yes. Ms. Mendez: -- of your --? Commissioner Reyes: Yes, because -- Chair Russell: It is. Commissioner Reyes: -- we have Ms. Dawkins here; they've been waiting for it -- Commissioner Hardemon: No. Commissioner Reyes: -- and I want to -- Commissioner Hardemon: We acknowledge -- Chair Russell: Just a minute. Commissioner Hardemon: -- they're in the motion. Commissioner Reyes: That's right. City of Miami Page 60 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Mendez: And RE.14 already received a substitution on some language regarding DRI (Development of Regional Impact) fees with regard to the Super Bowl -- that Super Bowl resolution. So I think -- Chair Russell: Thank you. Ms. Mendez: -- that captures all this. Chair Russell: Does the seconder accept all the amendments? Commissioner Hardemon: And for the record -- I just want to be clear on the record so it's there -- that for RE. 13, it would also include a trolley route that goes to the Caleb Center. Commissioner Reyes: That's right. Chair Russell. Correct. Commissioner Hardemon: All right. Chair Russell: Is there any further discussion on the motion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. For the CRA (Community Redevelopment Agency) meeting, Chair Hardemon, would you like to take that up before or after lunch? Commissioner Hardemon: You know, we -- no, I -- let's do it before. I think it'll be quick if we do it before. Commissioner Reyes: (UNINTELLIGIBLE) questions. Chair Russell: Okay. Would you like to then reconvene, gentlemen, at 2:30 or 2 o'clock? Commissioner Reyes: You want to stay and do it now? Commissioner Hardemon: 2:30 is probably always the best. Yeah, 2:30 is best. Chair Russell: 2:30. Commissioner Reyes: Okay. Chair Russell: You had a question, Commissioner Reyes? Commissioner Reyes: No. I just have a couple of suggestions; that I met with the Director of the CRA, and I just want to make it ojfcial. Chair Russell: Okay. Commissioner Reyes: And he agrees with it. It's just a simple suggestion. Chair Russell: Understood. Commissioner Reyes: Okay. City of Miami Page 61 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Do -- are we going to tackle any of the other business before, or are we just going to --7 Chair Russell: I'd say, we'll recess the regular meeting now -- Commissioner Hardemon: Okay. Chair Russell: -- we'll take up the CRA, and then we'll reconvene this City Commission meeting, the morning's agenda remainder, at 2:30. Commissioner Hardemon: All right. So let's -- City of Miami Page 62 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PH - PUBLIC HEARINGS PH.1 RESOLUTION 5938 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF Housing and COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") Community PROGRAM INCOME FUNDS IN THE AMOUNT OF FOUR Development HUNDRED THOUSAND DOLLARS ($400,000.00) TO THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 700 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA, FOR PUBLIC FACILITIES IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0240 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 minutes referencing Item PKI, please see "Order of Day" and "End of Consent Agenda. " City of Miami Page 63 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PH.2 RESOLUTION 5643 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE CITY MANAGER'S Housing and RECOMMENDATIONS PURSUANT TO THE FEBRUARY 25, 2019 Community REQUEST FOR PROPOSALS ("RFP") BY THE CITY OF MIAMI'S Development ("CITY") DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ("DEPARTMENT") FOR APPLICANTS FOR AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PROJECTS, MORE PARTICULARLY AS DESCRIBED AND LISTED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED ("FIRST TRANCHE SELECTED APPLICANTS"), SUBJECT TO COMPLETE PROJECT UNDERWRITING AND THE CITY RECEIVING THE REQUISITE APPROVAL(S) AND AUTHORIZATION(S) THROUGH THE BOND VALIDATION PROCESS AND SUBSEQUENT ISSUANCE OF THE CITY'S BONDS AS DESCRIBED BELOW; AUTHORIZING THE CITY MANAGER TO AWARD THE RFP TO THE FIRST TRANCHE SELECTED APPLICANTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH THE FIRST TRANCHE SELECTED APPLICANTS FOR THE FIRST TRANCHE PROJECTS, IN THE RESPECTIVE NOT TO EXCEED AMOUNTS, FOR A TOTAL AGGREGATE PRINCIPAL AMOUNT, NOT TO EXCEED EIGHT MILLION DOLLARS ($8,000,000.00) OF FIRST TRANCHE SERIES 2019B AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PROGRAMS BONDS, INCLUDING ANY AND ALL AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, FOR THE COMPLETION OF SAID FIRST TRANCHE PROJECTS, BY THE FIRST TRANCHE SELECTED APPLICANTS. ENACTMENT NUMBER: R-19-0248 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PK2, please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda. " City of Miami Page 64 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PH.3 RESOLUTION 5809 MAY BE WITHDRAWN Commissioners Joe Carollo, Commissioner and Mayor Russell, Gort, Carollo, Reyes ABSENT: A RESOLUTION OF THE MIAMI CITY COMMISSION Note for the Record. For minutes referencing Item PK3, please see "Order of PURSUANT TO SECTION 54-16 OF THE CODE OF MIAMI, FLORIDA, AS AMENDED, DIRECTING THE CITY MANAGER TO INITIATE THE PERMANENT RESTRICTION OF VEHICULAR ACCESS ON SOUTHWEST 24TH TERRACE AT ITS INTERSECTIONS WITH SOUTHWEST 17TH AVENUE AND SOUTHWEST 27TH AVENUE TO ELIMINATE CUT - THROUGH TRAFFIC, THROUGH THE USE OF A PERMANENT LANDSCAPE BARRICADE, OTHER REMOVABLE BOLLARD DEVICE, OR NON- PERMANENT DEVICE, SUBJECT TO FINAL APPROVAL BY THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS TRAFFIC DIVISION, INCLUDING LOCATION OF THE BARRICADE OR OTHER DEVICE, AND CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; DIRECTING TRANSMITTAL TO THE OFFICIALS STATED HEREIN. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For minutes referencing Item PK3, please see "Order of Day. " City of Miami Page 65 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PHA RESOLUTION 5945 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 29-B(A) OF THE and Mayor CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED AYES: ("CITY CHARTER"), AUTHORIZING THE CITY MANAGER TO ABSENT: TRANSFER, WITH ELIGIBLE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM ACTIVITY RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY OF MIAMI OWNED PARCEL OF LAND AND ALL IMPROVEMENTS THEREON LOCATED AT 6016 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, ALSO KNOWN AS THE CARVER THEATER ("PARCEL"), TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE REDEVELOPMENT OF THE PARCEL FOR HOUSING, SUBJECT TO CDBG PROGRAM RESTRICTIONS AND/OR OTHER ELIGIBLE CDBG ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT ANC ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO TRANSFER THE PARCEL TO THE DEVELOPER. ENACTMENT NUMBER: R-19-0249 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 minutes referencing Item PK4, please see "End of Consent Agenda. " END OF PUBLIC HEARINGS City of Miami Page 66 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 RE - RESOLUTIONS RE.1 RESOLUTION 6049 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MOVER: MIAMI-DADE COUNTY TO RESPECTFULLY MAINTAIN DR. Commissioners MARTIN LUTHER KING, JR. AS THE SOLE NAME FOR CO - and Mayor DESIGNATING NORTHEAST/NORTHWEST 62 STREET, MIAMI, ABSENT: FLORIDA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-19-0250 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 minutes referencing Item RE.], please see "End of Consent Agenda. " RE.2 RESOLUTION 5904 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Fire- ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE Rescue VOTE, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT IT WAS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER APPROVING THE RETROACTIVE SELECTION OF ALTERNATIVE SUPPORT APPARATUS LLC, FOR THE PURCHASE OF TWO (2) OFF ROAD 4X4 SPECIALTY UTILITY TASK VEHICLES FOR THE CITY OF MIAMI FIRE RESCUE DEPARTMENT ("FIRE"), FOR AN EXPENDITURE AMOUNT OF $57,277.00, WITH SAID PURCHASE HAVING COMPLIED WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE. ENACTMENT NUMBER: R-19-0251 City of Miami Page 67 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: Back to the morning's agenda, I'd like to take up RE.2, the Martin Luther King, Jr. Sole Name for Co -designation. Is there a motion? Commissioner Hardemon: So moved. Chair Russell: It's been moved; seconded by the Chair. Any discussion from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. RE.3 RESOLUTION 6097 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PRESENT AN OFFER TO Commissioners EVENT ENTERTAINMENT GROUP, LLC, IN THE FORM OF A and Mayor REVOCABLE LICENSE AGREEMENT ("LICENSE"), FOR THE PRESENTATION OF THE ULTRA MUSIC FESTIVAL AT BAYFRONT PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH LICENSE, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY, AS TO LEGAL FORM AND CORRECTNESS. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. RE.3 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item RE.3, please see "Order of the Day" and Public Comment Period for Regular Item(s). " Commissioner Hardemon: What I'd like to do is this: I would like for us to -- I know the Ultra Music Festival, RE.3, that item -- there's another item that has lots of discussion, and I know that the people who are here about that item are still here; they've been here since the morning. I would like to address that item. And then, let's move to our Planning & Zoning agenda, to have public comment on what's on the PZ (Planning and Zoning) items. So if we can get people out from -- having an opportunity to speak and leave if they have to, they have an opportunity to do so. Chair Russell: All right. So you'd like to take up RE.3 at this point? City of Miami Page 68 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Correct, because -- Chair Russell: All right. Commissioner Hardemon: -- I'm looking at a lot of the faces, and they were here for RE.3. Chair Russell: Is there a motion on RE.3? Commissioner Carollo: What do you mean, "Is there a motion on RE.3?" Chair Russell: I'm starting with that, to know if there's a motion. Commissioner Carollo: We haven't even gotten into discussions or anything else. Chair Russell: It's a question. A motion can be placed at any time. Commissioner Carollo: (UNINTELLIGIBLE) question. Well, I'll be back in two minutes (UNINTELLIGIBLE). Chair Russell: Commissioner Carollo, you had originally asked for a motion to withdraw, so I'm giving you that -- Commissioner Carollo: Oh. Chair Russell: -- opportunity, if you wanted to again. Commissioner Carollo: Well, why didn't you say so? Commissioner Reyes: That's right. Speak clearly. Chair Russell: You're going to break my other arm. Commissioner Carollo: No, I won't do that. Vice Chair Gort: By the way, he's making (UNINTELLIGIBLE). Commissioner Carollo: No. Its not me. I won't do that. Chair Russell: We wanted -- we -- Commissioner Hardemon, this had come up, but you weren't here at the original order of the day, so I -- we tabled it until now. Commissioner Carollo: There is a motion to defer this item. The City Manager in this particular item, that's the prime player that negotiated this, I am told, is not here today. The City Manager should have been here, because this meeting today is extremely important. For that matter, I would greatly appreciate it. And if I have to put a resolution on it, I will; that any time the City Manager is going to be traveling, be out of town, I'd like all the elected oicials -- We are the board of directors that oversee you guys, so we're supposed to -- I know that it don't look like it, but, you know, we are your bosses. I know I've heard the Manager get up many times and only talk about one boss, but all of us are the ones that have votes here. So I would very much appreciate it, from here on, that we know if the Manager's going to be out of town, that we have the courtesy of being told he's going to be out of town, and for the purpose and reasons that he's going to be out of town. I, for one, am not going to be a lapdog and just let people do as they please. This is a key meeting today, with City of Miami Page 69 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 some very key items, and one, in particularly, that he was the one that, as I'm told, did the negotiations, and he's not here today. Chair Russell: Is that a motion to defer, Commissioner Carollo? Commissioner Carollo: It's a motion to defer, yes, sir. Chair Russell: Seconded by the Chair. Let me start with discussion on the dais. There's a motion to defer with a second. Commissioner Reyes: Discussion. Chair Russell: To what date? Just the next meeting? Commissioner Carollo: Could do it the next meeting. We could do the last meeting in July. Chair Russell: If they want to even have a chance at this, it would have to be the next meeting. Commissioner Reyes: Yes, sir. Commissioner Carollo: Yeah. Commissioner Reyes: And Mr. Chairman, I also have some questions. And if we do a little history -- and I wish that the representatives from Ultra be here, because I think that we should clam what caused the first vote against them staying at Bayfront Park. And that was a directive that it was given to them to sit with the neighbors and try to make it work. You see? I know that my neighbors, they want to try to make it work, and -- some of them -- and I want to know if they're willing to try to comply with the requests of the neighbors. And also, I want to know who drafted this contract. Who wrote this contract, Mr. -- Madam City Attorney? Commissioner Carollo: Wait. It's the Manager that we need here to answer. Commissioner Reyes: But who granted this -- I mean, who wrote this contract? Yes, this one, this one, the contract (UNINTELLIGIBLE). Joseph Napoli (Deputy City Manager): Okay. (UNINTELLIGIBLE) -- I don't know. Commissioner Reyes: You did this? Mr. Napoli: We -- no. Our -- we drafted it. Commissioner Reyes: What do you mean, "we?" Who's "we?" Mr. Napoli: Our DREAM (Department of Real Estate and Asset Management) Department drafted it -- Commissioner Reyes: Your DREAMDepartment. Oh, listen -- Mr. Napoli: -- based on -- Commissioner Reyes: -- this is a great contract for Ultra. Mr. Napoli: Commissioner, we -- at the sunshine meeting, we were directed to re- engage with Ultra -- City of Miami Page 70 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Absolutely, re-engage this contract. Mr. Napoli: -- and come back with terms. Commissioner Reyes: Okay, but re-engage -- Mr. Napoli: And these are the terms that -- Commissioner Reyes: Okay. Mr. Napoli: --we negotiated. Commissioner Reyes: You see, that's -- those are other things that I am concerned about it. You see? Like, for example, in-kind contribution. What I'm concerned about, the -- I would say, unanimous vote. I mean, I never heard that in order -- if we're going to get rid of them, then we have to -- we need a unanimous vote. All those are concerns that I think that should be addressed, and that's why I'm voting to defer. But I would love to see the people from Ultra here, and the neighbors also, that they are here, because they -- we need to make this work if it's going to stay there. Mr. Napoli: I understand, Commissioner. Commissioner Reyes: Okay. Also, sir -- excuse me. Mr. Napoli: Yes, sir. Commissioner Reyes: I want to know the process. What is the process? Because I'm all for the process. Tell me, if we are going to have somebody at the park, what is the process to grant a contract? Okay? Chair Russell: Thank you very much, Commissioner. Commissioner Reyes: Yes, you. And that will come --I will vote for a deferral, and I think that most of -- I mean, I agree with it. Chair Russell: Thank you, Commissioner. Sam, I assume you want to speak to the deferral? Samuel Dubbin: Yes. Chair Russell: That's not on the substance of the issue at this point. Mr. Dubbin: Correct, correct. Chair Russell: Please, go ahead. Mr. Dubbin: What was -- this contract was put on the agenda on midnight, seven days before this meeting. The neighbors were never consulted, at all, about any of this. The contract is so full of illegalities, inconsistencies, and -- Chair Russell: You're going into the substance. Mr. Dubbin: Okay. City of Miami Page 71 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: It's simply about the timeliness of the deferral, whether it should be heard today -- Mr. Dubbin: It should be withdrawn. It should be withdrawn. And they should go back to the drawing board after consulting with the neighbors. Withdrawal, not deferral. Deferral has a presumption of legitimacy, which we don't believe exists. Chair Russell: It does not. A deferral is a neutral action. Mr. Dubbin: I -- the neighbors are requesting that this be a motion to withdraw and for this process to start from scratch. Chair Russell: I think, if this gets deferred, the neighbors should consider that a victory, because they're on a tight timeframe as it is, Ultra is. I think it's a mistake on their part not to have worked and negotiated with the neighbors. Even though the neighbors are countered to their interests to leave them out, it doesn't serve their interest to this dais, because that makes me a hard "no." They didn't include me. I've got a whole list of things that I've got a problem with this agreement, which may or may not concur with your list. But I do see where we are. I do like the idea that we're trying to not lose Ultra. I recognize that, and I do believe in that. I do believe that Miami's where it could and should be, if it's in the right place and the right mitigations are put in place. They're always and will always be welcome and work together with those around them. And we're not acting so desperate as to write a contract that is not the best for the City. So it's not about trying to shoo them away or saying we're done with them. Remember, they're the ones who chose not to renew the lease, it's clear. Virginia Key didn't work for them, and it didn't work for us. But in this case, I think a deferral is actually a pretty good situation that lets all of us -- cooler heads prevail, and I don't know that you'll get the vote for a withdrawal or a "no" vote, but a deferral, I'm satisfied with, because that gives us time to be at the table and -- because if this comes now, I'm a "no" vote, the way this is. I think it's not a good deal for the City, and I don't think the neighbors have been considered, at all, and I don't like losing the business. I don't like losing the money. I don't like losing the culture of the item, and I certainly don't like watching our hotel establishments suffer. But I'm a "no. " So there is a motion and a second to defer. There's clearly three votes toward that. We can open up public comment, but only on the deferral for the timeliness. I do not want another four hours of discussion on the merits or demerits of Ultra. This is simply about the timeliness. And what I would expect at this point is someone from Ultra jumps up and says, "This is an emergency; we need to pass this now. " Are they here to speak to that effect? Commissioner Hardemon: And Mr. Chairman? Chair Russell: Yes. Vice Chair Gort: They're not here. Commissioner Hardemon: I don't mind hearing from anyone from Ultra about the deferral. I do not want to hear public comment about the deferral. And if the deferral is to the July 25 meeting -- Todd B. Hannon (City Clerk): July 11, sir. Commissioner Hardemon: July 11 meeting? Commissioner Reyes: July 11; next meeting. Vice Chair Gort: July what? City of Miami Page 72 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: You want it to the next meeting? Do you think that's sufficient amount of time? Commissioner Reyes: I mean, I don't know -- Commissioner Carollo: Let's make it until the last meeting in June, unless we're going to have a special meeting. Commissioner Reyes: They will have enough time to -- Commissioner Carollo: Last meeting in July, rather. Commissioner Hardemon: Right. So, I mean, my first thought is to have the July 25 meeting, because, of course, what's going to happen is this. This next meeting that's coming up, the agenda needs to be published, and then it's going to be pretty much the same thing. Chair Russell. Correct. Commissioner Hardemon: We're going to find ourselves in the same situation or -- Chair Russell: Right. Commissioner Hardemon: -- in the same argument. And so, if we're, in fact, trying to have some meaningful discussion and make amendments to the proposed agreement, then we should have time to make those amendments, and then present what those things are, even if -- at least have it available. Make it available to people to see, right? So, you know, I know they will probably -- they don't probably want that type of -- that sort of timing. I know they want to be heard today, but all in all, if the board members, which is why we brought this back, you know -- can't -- we had a sunshine meeting and discussed it. Is this something we want to talk about on the dais? We agreed that it was. And now that we're here, board members are saying, "Hey, I need a little bit more time, "for decent reasons, and so, we give it to them. Now, that could mean that they say, "Look, I have the" -- "we have to make another decision. " It could not. We don't know. And so, that's just something that we have to deal with. Chair Russell: Thank you. And -- I mean, Virginia Key was basically a time out for them. They never wanted to leave downtown, but they didn't -- it was on them that they didn't do things correctly from a neighborhood perspective and a political perspective to see that forward, so they went to Virginia Key for a year. They have not done the right steps, in my mind, to come back to downtown this year, so my prediction is that, "A, " we're rushing this, and the negotiations haven't gone in favor of the City for this. They're going to need another year to figure this out. And if that's Homestead, it is what it is, and then we keep talking. But for me, I think to come back to downtown, because we just feel like we need it, and we shouldn't have lost them, or we shouldn't have pushed them, but agree to a bad deal with a five - fifths termination, I mean, we can't get out of that. Commissioner Hardemon: Right, which is -- Chair Russell: We got to get it right. Commissioner Hardemon: Mr. Chairman, and that's why we're here. Chair Russell: Yes. City of Miami Page 73 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: We have the ability to make changes to those types of documents. And I would say this: I know there are a lot of stories that are going on about people who travel and them being away, and people say, "Ultra. " I was away. I was in Las Vegas, and I was at a bar, and I was having a drink, and the person -- and they said, "Where are you from?" I said, `I'm from Miami." The person said, "Oh, I really want to come to Miami to go to Ultra. I've never been. " I said, "Really?" Didn't tell them who I was. I said, `Really?" She says, "Yeah, but as I understand, they're trying to get rid of it out of Miami, so I don't know if I'll ever get a chance to go there and visit it. " Chair Russell: Well -- Commissioner Hardemon: So, you know, it does, in fact, happen. Commissioner Reyes: Did you win? Chair Russell: Thank you. Commissioner Hardemon: I don't play. Chair Russell: All right. Commissioner Reyes: You only drink? Chair Russell: So -- Commissioner Hardemon: I don't play. Chair Russell: -- is there anyone who'd like to speak simply on the deferral of the item? Commissioner Carollo: To the last meeting in July. Commissioner Reyes: To the last meeting in July. Chair Russell: July -- Mr. Hannon: July 25. Chair Russell: July 25. Thank you very much. Seeing none, I'll close the public comment. Mr. Napoli: Mis -- Chair Russell: Yes. Mr. Napoli: Mr. Chair? Chair Russell: Who am I looking at? Oh, Joe. Mr. Napoli: Yes, sir. I would just like to get a little direction; between now and July 25, what the expectation is for us. We'll meet with all of you and get -- Commissioner Reyes: That's right. Mr. Napoli: -- your concerns on this. City of Miami Page 74 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Yeah. Commissioner Reyes: That's right. Mr. Napoli: And then do you expects us to come back with a different contract -- Commissioner Reyes: Absolutely. Commissioner Carollo: Well, thank you -- Mr. Napoli: -- based on your considerations? Commissioner Carollo: -- very much, Joe. That's -- I'm surprised it's something that wasn't done before. And frankly -- Commissioner Reyes: Yep. Commissioner Carollo: -- I have no recollection that we instructed you to come up with a contract. This really took me by surprise. Commissioner Reyes: Me, too. Commissioner Carollo: And Dan, I know the terms that were negotiated before. I know what they wanted that they didn't get from me in a contract. And, gee, I guess you must have a crystal ball, or something, that the terms that they were demanding from me in a contract that they didn't get just happen to be in that contract. Mr. Rotenberg: We are going to look for your input if this happens, at all. Commissioner Carollo: But my question is that contract was written by Ultra. That contract was written by Ultra. Mr. Rotenberg: No. We actually took the -- Commissioner Carollo: That contract was written by Ultra. Mr. Rotenberg: No, sir. Commissioner Carollo: No? Commissioner Hardemon: Can we just vote on the (UNINTELLIGIBLE)? Chair Russell: I don't think we need to get into that. I believe the temperature on this dais at the last meeting had the Administration going back to Ultra to see if there was something to bring to us. That put the ball in Ultra's court, and we up here tipped the leverage in their favor -- Commissioner Reyes: No, (UNINTELLIGIBLE). Chair Russell: -- from a negotiating perspective, and I think this motion right here brings it back in our favor. So I appreciate your support on that. That was your motion, Commissioner Carollo. Commissioner Reyes: That is, but the -- we wanted to talk and analyze, not to bring back a contract; contract really written in the way that it was written. I mean, I didn't know who wrote it, and I was -- it really was weird that if our Legal City of Miami Page 75 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Department have written that way, you see, this is impossible. Now I know that it was our man from DREAM and -- Wow. Chair Russell: Thank you. Any further discussion on RE.3, deferral to July 257 Commissioner Carollo: Just a statement that I want to make on the record. There are three kinds of contracts that you could enter into with Ultra at Bayfront Park; the first is a bad contract; the second is a bad, bad contract; the third is a bad, bad, bad contract, and this is what this one is. And the stuff that were put into this contract, they don't even know that they're putting the Trust in default. They're going to have to pay more monies than what they're claiming that we're going to gain from the contract. I mean, this is so outrageous. And I understand why the Manager didn't want to be around today. When he was going to Virginia Key, he was scolded for asking and entering into a proposal of $1,400,000, and within 10 minutes, I had him to $2 million. This contract that's before you today, if we're lucky, we might get out of it $750, 000, if we're lucky. Chair Russell: All right. Any further discussion? Commissioner Carollo: Did you know that? No, because you didn't write that contract and those provisions in it. Commissioner Reyes: Well, maybe he did. Commissioner Carollo: No. Chair Russell: Please, gentlemen. I think we're ready to vote on this. Commissioner Gort. Vice Chair Gort: I have to tell you, they say they want to come back; this contract is not helping at all. Chair Russell: Yeah. I think they overplayed their hand a little. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Commissioner Hardemon, I think we're actually really close to knocking out the morning's agenda, and I think if there is a -- Commissioner Hardemon: I'll follow -- Chair Russell: -- controversial one, we can move on (UNINTELLIGIBLE). Commissioner Hardemon: --your lead. Chair Russell: All right. Commissioner Carollo: Can I just ask for a three-minute recess? Commissioner Reyes: Yeah. We can -- Commissioner Carollo: I've been -- I -- Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 76 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: All right, you go to the bathroom; we're going to keep working. Commissioner Carollo: That's what I'm afraid, the way this agenda is today. Who knows -- Chair Russell: Don't blink (UNINTELLIGIBLE). Commissioner Carollo: -- how many millions the residents are going to lose. Commissioner Reyes: (UNINTELLIGIBLE)? Chair Russell: Yeah. We're -- Commissioner Carollo: Three minutes. Chair Russell: --losing a quorum. Five-minute recess. Commissioner Carollo: Thank you. REA RESOLUTION 6052 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Real AUTHORIZING THE CITY MANAGER TO RETAIN CBRE, INC., Estate and Asset THROUGH ITS VALUATION AND ADVISORY SERVICES Management DIVISION, AS THE APPRAISAL COMPANY TO PROVIDE AN APPRAISED VALUE OF THE MELREESE GOLF COURSE PROPERTY, LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA 33125, IN CONNECTION WITH THE NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC. MOTION TO: Adopt RESULT: FAILED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Hardemon NAYS: Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item RE.4, please see Item NA. 1. Chair Russell: Items [sic] RE.4, the appraisal for Melreese Golf Course. Is there a motion? RE.4. Commissioner Hardemon: So moved. Chair Russell: It's been moved; seconded by the Chair. This is -- Unidentified Speaker: (UNINTELLIGIBLE). City of Miami Page 77 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Chair Russell: -- yes. This is an approving appraisal company, CBRE for the Melreese Golf Course lease. Commissioner Reyes: The appraisal for the -- I have questions there. Chair Russell: Sure. Commissioner Reyes: RE.4. This is appraisal company (UNINTELLIGIBLE) CB -- Chair Russell: CBRE. Chair Russell: -- RE. CBRE, isn't this the same company that appraised it and -- before anything, and they came here saying that it was worth only three -- only $4 million? And isn't always the same company that we use, sir? Daniel Rotenberg (Director): Daniel Rotenberg, Department of Real Estate and Asset Management. This is the same company. We're limited to who we can use for appraisals, so yes. Commissioner Reyes: How many more other companies do we have that we use for this? Mr. Rotenberg: We have about four or five other companies, but it's a different tier of appraisal. These are the larger companies that are more qualified to handle larger projects. Commissioner Reyes: I --personally, I don't feel comfortable with it, because before anything, they already had appraised the -- they gave you a value that was brought to us. Mr. Rotenberg: But it was way too low. Commissioner Reyes: I think -- listen, I don't know if it is too low. I don't know if it is too high. And you know what my position is. We won't know even what it's worth and how much we will get if we don't go into public bidding. You see? I mean, that is a fact. So I -- but this company, when the project was presented that it was (UNINTELLIGIBLE), they already had made appraisal. When it was presented to us with the proposed rent that they were going to pay, it was made by these people? Mr. Rotenberg: The terms of the deal was -- Commissioner Reyes: I'm talking about when they first brought this project -- Chair Russell: Have they already appraised this property for us? Mr. Rotenberg: They have appraised the property, but the appraisal that had taken place was not to the highest and best use as it is -- or it would be going forward now. It would be -- Commissioner Reyes: Okay. Well, then I cannot vote for this. I think -- Chair Russell: Just a moment, Commissioner. Commissioner Gort, then Commissioner Carollo. Vice Chair Gort: My question is, the appraisals can be based -- and the change of zoning, they're going to have to take place to build what they want to build? City of Miami Page 78 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Rotenberg: Of course. Vice Chair Gort: Okay. That appraisal will be in the new change ofzoning? Mr. Rotenberg: Yes, sir. Vice Chair Gort: In the new zoning that will be in the area? Mr. Rotenberg: Yes. Vice Chair Gort: Okay. Commissioner Carollo: Well -- Chair Russell: All right. Is it -- Commissioner Carollo. Commissioner Carollo: When I brought up the fact that it was going to be this Commission, which we basically did, choose the real estate company and stadium company to advise us on going forward, I made it clear that we would also be the ones choosing the appraiser company. This is why when this was placed on the agenda, I was extremely surprised that the Administration is picking the most important component and who's going to do the appraisal. I'm going to tell you now that I am not going to vote for this. This is the choosing of the Administration. I want to be able for this Commission, jointly, with the components of the real estate part, in particularly, that we chose the legal firm for that, to be able to pick from maybe three companies that are presented to us. So I am not going to go forward in this, because this is the most important project that we're going to be dealing with, since any of us are going to be here. Chair Russell: Thank you, Commissioner Carollo. Commissioner Carollo: And I want to make sure that we pick someone that there's -- not going to be any doubt in anyone's mind that they do not give us the best market value on that property, based on the usage that we have approved; and including, if they're sending higher usage, what we should get for that in addition. Chair Russell: Thank you. I'm a `yes" on this item, but I intend to get a lot of briefings with that appraisal company to really understand the method of appraisal they're using, what basis they're using, what they're evaluating it on, so -- Commissioner Reyes: Are you -- Chair Russell: -- we don't get a surprise answer at the end; that we're with them on the way. Commissioner Reyes: -- a real estate expert? Chair Russell: I'm not, but I know what I want to ask. Commissioner Reyes: Oh, okay. Chair Russell: But they're the expert, and that's why we hire them. Commissioner Reyes: Okay. Well, the only thing that I want to -- I want somebody that is totally impartial, and I want somebody that takes into consideration the future value of this land if it is developed or if it is a zoning change, and all of that. And you know how I feel about this project; that I think that the process was violated, and City of Miami Page 79 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 I think that it's -- it shouldn't be -- shouldn't take place. But I don't want to see all the time the same company doing the same -- appraisals for the City of Miami, because -- I mean, it's going to be too close to the Administration, and the Administration, it is totally in favor of this project, and so, they could be a little bit biased. Chair Russell: That's what I was about to ask you. Do believe that CBRE is partial? Commissioner Reyes: I don't know. If you keep on hiring the same carpenter all the time, you see, and then you have a job, and you say, "Hey, listen, I only" -- "I want only to charge" -- "I want to charge so much, " you are going to -- it's going to go with you, because you always hiring them. Chair Russell: Understood. Commissioner Hardemon: What if Jesus was my carpenter? Chair Russell: Oh -- Commissioner Reyes: Jesus was a good carpenter. Commissioner Hardemon: Right. I'm (UNINTELLIGIBLE). Commissioner Reyes: That's right. And a good fisherman, too. Chair Russell: And you're going to stick to it. Commissioner Reyes: Fisherman of souls. Chair Russell: All right. Is there a motion on RE. 4? Todd B. Hannon (City Clerk): Yes, sir. It was moved by Commissioner Hardemon; seconded by the Chair. Chair Russell: Yes. Thank you very much. Is there any further discussion on the dais? Hearing none, all in favor, say "aye." Aye. Commissioner Hardemon: Aye. Chair Russell: Any opposed? Commissioner Carollo: Nay. Commissioner Reyes: Nay. Vice Chair Gort: Nay. Chair Russell: Can I get the count? Commissioner Carollo: Three. Mr. Hannon: I believe the motion fails, 2-3. Chair Russell: Motion fails, 2 -3. City of Miami Page 80 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: What is it, the medicine on your hand today? You're not listening well, or what? Chair Russell: I can't count. Got to be loud with the (UNINTELLIGIBLE) -- Commissioner Reyes: Not listening. Chair Russell: All right. Vice Chair Gort: Mr. Chairman? Chair Russell: Yes, Commissioner Gort. Vice Chair Gort: My understanding, we had selected three attorneys that are going to be working on the transaction that we're doing; am I correct? Ms. Mendez: We have attorneys, yes. Vice Chair Gort: My understanding is, one of the attorneys is an expert in real estate. Commissioner Carollo: Right. Ms. Mendez: Yes. Vice Chair Gort: I'd like some input from them also, selecting the next person. Ms. Mendez: On the appraiser? Vice Chair Gort: On the appraiser. Ms. Mendez: Well, we have a pool of appraisers we could pick. Vice Chair Gort: Okay. Mr. Rotenberg: If I may? Chair Russell: Yes, Mr. Rotenberg. Mr. Rotenberg: The appraisers that we have are a different level or a different tier. We should ask -- if we can, if the City Attorney agrees, have one of the attorneys that we have hired to help us on this project. Maybe they can pick from a pool of appraisers, such as Cushman & Wakefield, Jones Lang LaSalle, so we have groups that are large enough that have handled transactions of this size. Commissioner Hardemon: That's what he said. Vice Chair Gort: That's what I'm asking you. Commissioner Hardemon: That's what he said. Vice Chair Gort: That's what I'm asking. Commissioner Carollo: Well -- Chair Russell: All right, so we -- you can bring something back to us through that. City of Miami Page 81 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Rotenberg: Oh, yes. Commissioner Carollo: No, no, no, no, no, no. Let (UNINTELLIGIBLE). Chair Russell: Commissioner Carollo. Commissioner Carollo: I want this Commission that has the final say to be in the driver's seat. Vice Chair Gort: Yeah. Chair Russell: Commissioner Gort. Vice Chair Gort: Excuse me, Commissioner Carollo. What I want, the lawyers to work with them, but they got to come before us for approval. Yeah. RE.5 RESOLUTION 5974 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Estate and Asset EXECUTE AN AGREEMENT AND LEASE ("MRC LEASE"), IN Management SUBSTANTIALLY THE ATTACHED FORM, AS NEGOTIATED NAYS: PURSUANT TO RESOLUTION NO. 17-0266 BY WEISS SEROTA HELFMAN COLE & BIERMAN AS SPECIAL REAL ESTATE COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND LANCELOT MIAMI RIVER, LLC ("LANCELOT"), WHEREBY THE CITY LEASES APPROXIMATELY 3.15 ACRES OF CITY -OWNED PROPERTY LOCATED AT 444 AND 460 SOUTHWEST 2ND AVE, MIAMI, FLORIDA (COLLECTIVELY, THE "PROPERTY"), TO LANCELOT FOR A NINETY-NINE (99) YEAR TERM WITH AN OPTION TO PURCHASE, FOR AN ANNUAL RENT EQUAL TO $3,620,000.00, WITH OTHER TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE MRC LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON - SUBSTANTIVE AMENDMENTS TO SUCH MRC LEASE AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL. ENACTMENT NUMBER: R-19-0254 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo, Reyes Note for the Record. For additional minutes referencing Item RE.S, please see "Public Comment Period for Regular Item (s). " City of Miami Page 82 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: I'd like to take up RE. S, 6 and 7, the MRC (Miami Riverside Center) deal. Mr. Rose, you'd like to present this (UNINTELLIGIBLE). Commissioner Reyes: Wait, wait, wait. Commissioner Carollo: Whoa, whoa, whoa, whoa, whoa. Commissioner Reyes: Wait a minute. Commissioner Carollo: Yes. Christopher Rose (Office of Management & Budget): Good afternoon, Commissioners. My name is Chris Rose. I'm the Budget Director for the City of Miami. Resolutions RE. S, 6 and 7 are before you today. They're the next step in redeveloping the land that our current administrative building sits on. I say "the next step" because it is appropriate that some history be said first. This City Commission has heard and chosen on this item three times already. On -- in December of 2016, they awarded -- City Commission awarded this to the top-ranked bidder, after a proper procurement. The City Commission approved the term sheets in July of 2018 for the ballot question, and there was much discussion at that point. And this past January, the City Commission decided the location of the administrative building. So these are the next steps before you. The fact of the matter is, this deal does make money for the City of Miami; it makes sense that it would, because we're taking two parcels that are not on the tax roll and putting them on the tax roll, combining them with a private, and then carving out a corner so there is more land on prime real estate for the tax roll to collect for the general fund of the City's budget. I looked at the numbers one more time this morning for myself, just to make sure, and it is true that this deal makes more than a billion dollars for the City of Miami over the 99 year life span of the deal. That's like putting $98 million in net present value in the City's pocket. So it's a good deal for current and future Budget Directors, but we Budget Directors are also guardians of the public trust, of the public's money. So one thing that has occurred since the last time this item was before you is we have negotiated -- the City team has negotiated backstops, cautions, steps in the process to make sure that if the developer does not develop in the time that we expect, that there are additional payments to the City. We've also made sure that the financing that we do when we run the numbers has the ability to have a prepayment, should the developer purchase the land from us earlier than we expect or later than we expect. So after the 30 years of the bond, if it is a bond, or whatever financing it may be, after that liability is cleared, everything is revenued [sic] to the City. It's like a house -- like a family paying off their mortgage. But even during the time, the 30 years of the bond, the way -- if it is a bond -- that we've structured it, even during that time, the deal makes money; $26 million. So it's a good deal for the City, we're comfortable with the backstops we put forward, and we present the three items to you. Chair Russell: Mr. Rose, does that need amendments to include those backstops, or is that in the item as it's presented here? It's in it, right? Because that's what I read in the brief. All right. And I do understand from public comment that a labor peace agreement was achieved this morning. So for this item, I'd like to pass the gavel and go ahead and make the motion. Commissioner Carollo: Well -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: -- I'd like to have discussion -- City of Miami Page 83 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Discussion. Commissioner Carollo: -- before you proceed. Chair Russell: Of course. Commissioner Reyes: Discussion. Vice Chair Gort: Okay, there's a motion. Is there a second? Commissioner Reyes: Okay. Vice Chair Gort: Been moved and second. Discussion. Yes, sir. Commissioner Reyes: Let me ask -- Vice Chair Gort: You're recognized. Commissioner Reyes: -- the Budget Director. Mr. Rose: Yes, sir. Commissioner Reyes: This deal entails that they're going to build a new office build -- I mean, a new Administration building for the City of Miami; that you're going to knock down the one that we have, and you are going to build a new one, right? Mr. Rose: Yes, sir. Commissioner Reyes: Okay. The first place, all the revenues that we are going to obtain from that -- those towers -- that they're going to build two additional towers; one in -- one of -- apiece of our land, you see? Isn't that true? Mr. Rose: I'm sorry; ask the question again. Commissioner Reyes: The company, the (UNINTELLIGIBLE), they're going to build one tower on their land, right? An additional tower in another land and in our property? Mr. Rose: I believe it's more than just two. Commissioner Reyes: How many buildings are they going to build? Three. That's right. They're going to build three buildings. Mr. Rose: Three, yes, sir. Commissioner Reyes: Three buildings; one in their land, one on the land that -- in our land, right? Mr. Rose: Two. Commissioner Reyes: Two in our land. Mr. Rose: Yes, sir. Commissioner Reyes: The Administration building and another tower. City of Miami Page 84 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Daniel Rotenberg (Director, Public Facilities): They're building two towers on the land where the current building is and another building on the corner where, right now -- Commissioner Reyes: Well, that's going -- Mr. Rotenberg: -- our parking is. Commissioner Reyes: Okay. The proceeds from the -- I mean, what are we -- how are they going -- what are they going to pay for the land in which they are going to build those towers? How much they're going to pay? Mr. Rotenberg: That was at fair market value. The fair market -- Commissioner Reyes: (UNINTELLIGIBLE), they're going to pay -- Mr. Rotenberg: -- value was 70 -- was about $70 million. Commissioner Reyes: About 70 -- but they're going to buy $70 million from us, right? Mr. Rotenberg: To start. If they do buy it at 70, the lease over the period of time -- Commissioner Reyes: I mean, a lease, money -- that is, if we sell it, it's going to be 70 million. If we lease it, how much are they going to pay? Mr. Rotenberg: Over the 99 years. Commissioner Reyes: No. Yearly. Mr. Rotenberg: It's a 99 year lease. Vice Chair Gort: $3.7 million. Commissioner Reyes: But if they -- now they're going to give us -- listen, don't try to act confused, okay? Don't act confused. If they are leasing it, how much are they going to pay for the land? Mr. Rotenberg: 3.6. Commissioner Reyes: 3.6. Its here. I mean, you don't have to act like if you were confused. 3.6. That proceed of that $3.6 million is going to be used to do what? To pay for the tower -- I mean, for our office building or for -- Vice Chair Gort: Debt service. Commissioner Reyes: -- Administration building? How are we going to use those funds? Mr. Rose: Those funds are going to go in the general fund, sir. Commissioner Reyes: Is going to -- okay. How are you going to pay for the building that they're going to build, and how much is it? 150 million? Mr. Rose: Yes, sir. Commissioner Reyes: 150 million? City of Miami Page 85 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Rose: Up to. Commissioner Reyes: Up to 150 million, because we don't have an estimate. We don't know what type of building it is. You're just saying up to 150 million. Mr. Rose: Yes, sir. Commissioner Reyes: Let me ask you this: The payment of that $150 million is going to come from where; general fund, or the proceeds of the -- of this lease? Mr. Rose: It will come from the general fund. Commissioner Reyes: From the general fund. That is that we are going to send this -- the lease -- proceeds of the lease, and we are going to pay -- I mean, take that money and send it back to pay for the building, right? Mr. Rose: The proceeds will go into the general fund, and the payment will come out of the general fund. Commissioner Reyes: Absolutely, absolutely. What I'm trying to say is that we are investing -- right? -- investing -- so for all practical purposes, the City is not receiving a single penny if the proceeds of the lease goes back to pay the building that is going to be built that I don't think that we need it. For how many years? Mr. Rose: So the -- Commissioner Reyes: How many years are we going to be paying this; 30 years, right? Mr. Rose: 30 years for a financing -- Commissioner Reyes: 30 years. Mr. Rose: Right. Commissioner Reyes: 30 years. If it is $150 million that we do a bond -- I mean, we float some bonds to pay that, interest and all of that, how much are we going to get? I mean, how much will that be? Mr. Rose: A total of $238 million. Commissioner Reyes: A hundred and -- 238 million. So we are investing $238 million. So 30 years from now, we are going to get a building that is going to be obsolete, and then we could be able to use the $3.6 million -- Mr. Rose: (UNINTELLIGIBLE). Commissioner Reyes: -- in 30 years. Mr. Rose: Forgive me, sir. I believe it would be about five years from now, not 30 years from now, that we would get the building. Commissioner Reyes: We get what? That's right. No, no, no. Chair Russell: He said it would be -- City of Miami Page 86 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: But the building won't be ours until we pay for it. Mr. Rose: Well, if you -- Commissioner Reyes: Yes or no? Mr. Rose: No, that's not (UNINTELLIGIBLE) true. Commissioner Reyes: No, no. The building won't be -- I mean, we will be paying for the building. The building, it is not free and clear until we pay for it, which will be in 30 years, using the proceeds of that additional land that you want to place in the tax rolls. We're going to be paying for that building, which is going to cost us 230 - some million dollars. And in 30 years, when we get it, it's going to be same argument; it's obsolete, and that's when the proceeds are going to be -- we will be able to use those proceeds in roads and all of those things. I think we are -- being misinformed, sir. Mr. Rose: If I may, sir? It'd be just like buying a house. You take out a mortgage on a house. Commissioner Reyes: I know. Mr. Rose: Is it your house? Yes, it is your house. You're still paying on it, but it is your house; same would be true to this building. Commissioner Reyes: I do understand, but don't tell me that we are going to be receiving or using that proceeds from that land that has been included -- I mean, placed on the tax rolls that we're going to be using it immediately. We won't be able to use that until everything is paid. Mr. Rose: No, sir. The deal actually makes $26 million during the 30 year life span of the financing, whatever type of financing that would be. Commissioner Reyes: The type of financing. But where is -- I mean, if we don't -- let's put it this way. If we don't build a building, okay, do we have to pay the mortgage? Mr. Rose: No, sir, if we do not. Commissioner Reyes: No, we don't have to. Mr. Rose: Agreed. Commissioner Reyes: Okay. We don't have to pay the mortgage. Since the building is going to be built, we have to pay the mortgage. The money to pay the mortgage is going to come from the proceeds of the taxes that we're going to get from this deal. Mr. Rose: We would need a place for our employees to work, though. Commissioner Reyes: Yes, sir; what we have now. Maybe we have too many employees. You see? Mr. Rose: In that building? I'm not sure how many you have, but -- Commissioner Reyes: That is a sturdy building. Maybe we can do an efficiency analysis, and instead of spending -- we are saying -- we are guessing $150 million, City of Miami Page 87 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 but everything that is built by the City of Miami or by government always is -- overruns of cost -- Mr. Rose: If that -- Commissioner Reyes: -- (UNINTELLIGIBLE) Mr. Rose: -- were to occur, we would have to come back to this Commission. Commissioner Reyes: My point is, sir, that if we want to bring those -- that land into the tax roll, our best bet will be to build the building. If we need a building, if we need it, because up to -- as of today, nobody has convinced me that we need a new Administration building. If we build a new Administration building, if we build it someplace, then you will have the whole track in the tax roll, and we will -- if we sell it, we'll get $70 billion. We pay that as, I mean, down payment for the building; that not necessarily the Adlers have to build it; we get the best person that is going to build it; and in 10 years, we will have a new building, and the whole -- even -- including the land where the building was supposed to be -- after we build it, it's going to be included in the tax roll, and our benefits to the City is going to be a lot greater. It will be real benefit, and we would see the proceeds immediately. You see? I think this is a bad deal, sir. Mr. Rose: I understand, sir. I believe -- I don't believe; I know that this City Commission has voted on the site for the MRC so we, the Administration, do not have the ability to circumvent what this Commission has stated already; that it will be at that site. Commissioner Reyes: That was before I was here, and besides that, let me tell you this. I think -- because when we talk -- took this to the voters, there was not a single line that inform the voters that the proceeds of that -- because -- they -- the issue, I mean, was sold to them, stating the amount of money that we were going to receive annually. And you know what happened? That never said that it was going to be used for a new building. It said, they're going to do this, this, this, and that, and they're going to pay three -- some -- point six million dollars. That's what they said. Okay? $3.6 million, they're going to say, but nobody ever told the voters that that money was going to be used to build a new building and for 30 -some years -- or for 30 years. People thought that that money will come into the coffers of the City of Miami for general -- I mean, general funds to be used to build streets, or more police officers, or whatever. You see? Commissioner Carollo: I -- Vice Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I have quite a few questions. Mr. Rose: Yes, sir. Commissioner Carollo: Because I hope I'm not going to bore you. Mr. Rose: Happy to be here. Commissioner Carollo: Thank you. How many acres do we have in that property now; three point what, you're going to tell me? Mr. Rose: Our land at that site is 3.15 acres, sir. City of Miami Page 88 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Okay. Does that include the slip area that's going to be filled in? Mr. Rose: Yes, sir. Commissioner Carollo: Okay. It includes that? Mr. Rose: Yes. Commissioner Carollo: Does it include any of the additional land that we have beyond the slip? Mr. Rose: It includes the entire triangle on the south side -- Commissioner Carollo: Yeah, but what I'm -- Mr. Rose: -- which is actually two parcels, sir. Commissioner Carollo: -- trying to ascertain is if it includes the water rights that we have, besides the land area that we have now. Mr. Rose: It includes the slips, the two slips that are there, which -- Commissioner Carollo: The slips. How about the additional water rights that we might have? Mr. Rose: It does. It includes this land, the portion on the left over here. Commissioner Carollo: Can I see that for a second, if I may? Well, this doesn't really show me even the slips or how much of the land -- what is going into the water here. Yeah. Now -- Vice Chair Gort: (UNINTELLIGIBLE) the mike. Commissioner Carollo: -- while you're getting that for me, in the area that they're going to build the new building, that's going to be how many stories? Mr. Rotenberg: 20. Commissioner Carollo: 20 stories, okay. We're taking out 150 million bond, right? Mr. Rotenberg: It's one of the choices, yes. Commissioner Carollo: That we're going to be responsible in paying; not them, right? Mr. Rose: Whatever financing it may be, sir, yes. Commissioner Carollo: Okay. So we're stuck in the financing. All right. How many square feet are they going to be building? I'm talking square feet, not the useable feet; square feet. Mr. Rose: The gross square feet is 270, 588. Commissioner Carollo: 270 -- Mr. Rose: 588. City of Miami Page 89 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: -- 588; just slightly over 275, 000 square feet. That does not include -- Mr. Rose: No, sir; forgive me. Just over 270, 000 square feet. Commissioner Carollo: Oh, 200 -- Mr. Rose: 2-7-0-5-8-8. Commissioner Carollo: 2-7-0-5-8-8. Okay. Mr. Rose: Yes, sir. Commissioner Carollo: Thank you. This does not include the garage component? Mr. Rose: That's correct. Commissioner Carollo: Okay. How many parking spots are we going to have there? Mr. Rose: There's 600 dedicated at the new site, plus 230 at the two lots next to it. Commissioner Carollo: No, no, I don't want the lots. The lots are going to be there Mr. Rose: Yes, sir. Commissioner Carollo: -- because those lots don't belong to us, and we're not selling them, correct? Mr. Rose: Correct. Commissioner Carollo: All right. They're going to build 600 spaces. Are they going to be all our spaces? Mr. Rose: Dedicated to the City, yes, sir. Commissioner Carollo: Okay. 600 spaces. Mr. Rose: And I have the survey, if you'd like, sir. Commissioner Carollo: Okay. How many square feet are we going to get back that's going to be ours, where the building's going to go, where the parking garages are going to go; or maybe we could put a little table out so someone could go out and eat a sandwich, if we'll have the room for it? Mr. Rose: I don't know, sir. Commissioner Carollo: This is unreal. Commissioner Reyes: Building that we don't (UNINTELLIGIBLE) lose it. Mr. Rose: We can figure it out, but -- Commissioner Carollo: Well -- but that's not the point. I mean, how many months and months has it taken for it to have been figured out? City of Miami Page 90 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Rose: No. I -- Commissioner Carollo: I mean, this is so outrageous, what I'm hearing, that you don't even know the size of the land that they're going to build on for us; what we're getting back in return. Do you have, Dan, any kind of idea how much they're going to need to build all this for us? Mr. Rose: Let me restate the question, just so we're sure. You're not asking how many square feet are in the building; you're asking the footprint around the building; is that correct? Commissioner Carollo: I'm asking real estate, land -- Mr. Rose: That's what I thought. Commissioner Carollo: -- actual land. You gave me an estimate of 270,588 in square feet in the building and 600 in parking spaces. Mr. Rose: Yes, sir. Commissioner Carollo: We're going to do math together, so bear with me, because - Mr. Rose: Okay. Commissioner Carollo: -- this is so important for this City. Mr. Rose: Yes, sir. Commissioner Carollo: I want to make sure that everybody understands, because I think people will understand more if they can add and subtract and get final numbers. Numbers don't lie. Commissioner Reyes: See -- Mr. Chair? You see, one thing that it is --just -- Vice Chair Gort: You're recognized. Commissioner Reyes: -- bothers me -- I'm sorry. Vice Chair Gort: You're recognized. Commissioner Reyes: I was addressing Mr. Russell, but I forgot that he was -- you're the Chair now. What really bothers me is that we don't have -- not even -- we don't even know how the building is going to look or anything, and we're saying, "Okay, we're going to sell $150 million worth of bonds. " That will affect -- even if you say, `No," it will not affect our bonding capacity. And you are saying, "Okay, let's" -- "we're going to build a 20 -story building, and we don't know" -- "we don't have any specs of it, and we're going to pay it with the proceeds, and we" -- "30 years from now, we're going to have a brand-new building, and we could use" -- "we're going to pay our bonds in 30 years, and now the proceed of all the" -- "that we're getting for the other buildings that" -- "the taxes of the buildings. Then we can use" -- "30 years from now, we're investing $238 million for our land, and in order for" -- "30 years from now, we're going to get a building that is going to be obsolete in 30 years, and then we are going to start using and" -- "the way that we should use the tax rolls, money from those buildings. " City of Miami Page 91 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Rose: I don't believe I said all that, sir. Vice Chair Gort: Commissioner Carollo. Commissioner Carollo: Okay. Did you get the land --? Mr. Rose: Yes, sir. The foot plate of the land is just over 75,000 square feet. Commissioner Carollo: Okay, just over 75, 000 square feet. So let's figure out what we're actually selling to them. It's 3.15, and you have a little over -- not quite an acre and a half. That's 43, 000plus and an acre, and you said about 75,000, so we have not quite an acre and a half of land. So take 25 -- bear with me in the -- okay. Why are we taking out a 150 million bond? What --first of all, what studies have we had that showed the need that this is going to cost 150 million to build? Mr. Rose: It is up to 150 million. So if we need less, we would not do a full 150 million. Commissioner Carollo: Well, this is of great concern to me, because, frankly, I don't see this going over a hundred million dollars. But the problem is that we're now getting the financing for them, which is never what I understood, what I believe we put out to the public that we would be doing the financing for them, and they control the cost of the construction, and they're going to make a profit on that, also. As I see it, the cost to build, normally, if you go 8 stories, maybe 10, you should be able to build for no more than 200 square -- dollars a square foot. Let's say you add another $50 to do your buildout inside. At $250 a square foot, 270,588 square feet comes to $67,647,000. Let's add the 600 parking spaces. We're going to put them at $25,000, which is, I think, a fair market value of what they cost nowadays; we're at $15 million. Now we're at 82,647,000. I'm going to add another $50 per square foot, bringing the construction cost now to 250 a square foot, plus the 50 for buildout, because it's going to cost them more if they're going to go 20 stories versus 8 to 10. So that's another 13,529,400; for a grand total of 96,176 --excuse me -- $96,176,400, a difference of 53 -million -plus dollars, a third of what we're being asked to put out in a bond, and I feel very uncomfortable with that, because once it's put out, they're in the driver's seat to spend, spend, spend; and, you know, they got all the hats in the front, in the middle, at the end. But let me -- this is the -- what it should cost them to build. Now, let me go back on the other problem that I see. I've been told that the reason we have to do this is because, one hand, we need so much more room for our employees. I'm going to get to that a little at the end. The other reason is that that building is falling apart. We had treated it so badly that it's going to cost us $150, maybe more, a square foot -- I think were the figures that were used -- to refurbish it, when a building that height of 10 stories shouldn't cost you more than 175 a square foot, but I'm going to use the $200 -a -square foot amount. I submit to you that the County building is approximately 10 to 11 years older than ours, and they have no problems whatsoever that it's falling apart, and I assure you that that County building has not been taken care of any better than our building. Probably, they've taken care of it less than we have. This particular building, when Florida Power & Light built it, they put the best of everything. It's the -- only the second building that I can think of right now that the outside of the building has been covered with either marble or granite. Marble is the InterContinental building that Ted Gould built, and he went bankrupt. The -- this building is the only other one that I know that's been built with similar stones. In this case, it's granite, very expensive granite. Inside the building you have some of the finest marble out of Europe; excellent marble allover the place. The fixtures that we have inside the bathrooms and other areas are the kind of fixtures with the marble and the outside granite that no government building has, because government cannot juste building like that; it City of Miami Page 92 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 just doesn't. The reason Florida Power & Light, I am told, sold it to us, because it was such a scandal -- Commissioner Reyes: Yes, it was. Commissioner Carollo: -- with the Oversight Board that they had in the State, whatever's it's called, that they decided to sell it to avoid any further problems on that. I have walked through that building, and I don't see where this building is falling apart. I'm told that the elevators are so bad that we got to preplace them all. I've gone in those elevators quite a few times, and I haven't found nowhere near those problems with them, but elevators, to replace, don't cost tens of millions of dollars. It does have something that, at some time, would need to be addressed, and that is that we don't have impact windows in that building, but again, that's not going to cost 50, $60 million, and that could be taken care of in time. If it survived for 25 years without impact windows; and we have so many other buildings in Miami, much older than this, that have survived, I think this could certainly last a few more years without impact windows. Now, I'm going to give you the figures that I have of what it would take right next to it, in an area that is surrounded by shrubbery, and small little palms that we planned there that's not used at all, where we could build there -- what I am told we needed was 80, 000 square feet of additional space; this would be 90,000, and 400 additional parking spaces, and it will be connected -- leaving the same walkway we have in the back of the present building -- through a second floor that we would do a catwalk, connected to an elevator then in the lobby of the present MRC that would take very little space. And then in the first floor, you would have the overhang that people could walk through it. 90,000 square feet --and I'm going to use the same amount, like if we were building with marble and granite. The 200 square feet -- the $200 per square feet, plus $50 per square foot to do the insides, once it's finished, that would be $22,500,000, our cost. Mr. Rose: Would you repeat that, how you arrived at that? Commissioner Carollo: Well, we're adding $250 a square foot times 90,000. Mr. Rose: Okay. Commissioner Carollo: Then I'm giving the same $25, 000 per parking space for 400 new parking spaces; that's $10 million. We are now at $32,500,000. Mr. Rose: I agree. Commissioner Carollo: I'm also going to throw -- let me just, if you don't mind, recheck these numbers for a second. It's -- okay -- $50 a square foot to refurbish anything we need in the present building. That should more than take care of the impact windows. I'm sure that the elevators need a little grease, the marble looks beautiful; that's another 9, 750, 000. We're now at a grand total of $42 million versus what I am told -- and we're keeping all our land, by the way. We're keeping all our land. $42 million to construct 90, 000 square feet of new office space, 400 additional parking spaces -- which I don't know if we need or not. I'm going to go there now, but I'm done with that -- versus what I am told is $150 million that this might cost us. Mr. Rose: Up to. Commissioner Carollo: Yeah, up to, which means it's going to be darn close to it; if not, I know will run later on more than three -times as much. I sometimes look dumb, but I'm not as dumb as I look, I assure you. Mr. Rose: Never said so, sir. City of Miami Page 93 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: The -- I remember when I first talked about this -- in fact, even the Manager liked that idea -- I was told, "No, no, you can't fill those slips that you have there. Oh, you got to go through so much that you're not going to be allowed to. " But boy, their plan in building is certainly in filling those slips. So if they have no problems, why should we? So if we went ahead and filled those slips, we would have -- we don't need it for all that I'm describing here, but if we did, we would have even a nicer walkway through the river, and even a bigger, nicer area for employees than the one we're leaving intact, like we have now, because we're not touching that area with these plans that I'm presenting. Mr. Rose: If I may, through the Chair? There's one large difference between what you're describing and what's being proffered right now in these three resolutions, and you said ityourself.- "We keep the land," which means the land stays off the tax roll. Commissioner Carollo: Yeah. Mr. Rose: And that's -- Commissioner Carollo: I'm going there. I'm going to -- Vice Chair Gort: Excuse me. Mr. Rose: --very -- Commissioner Carollo: -- deal with that. I first wanted to deal -- Vice Chair Gort: Wait; let him finish. Commissioner Carollo: -- with numbers in this fashion so that we will see real expenses, and the public could hear it, so they could know what's going to happen here today, and they would have no doubt that if the Marlin's deal was bad, this is an equally bad deal for the City, no matter what any one of you wants me to believe. Numbers don't lie. Now, let's go more into that on the cost of the land. If I take out the land that we get back at the $25 million amount -- that's the least that that land is worth. That was the first amount that I was given -- would the cost of -- well, let me go through the top. The present building we have in the MRC is 194,679 square feet. Mr. Rose: Yes, sir. Commissioner Carollo: That -- Mr. Rose: Correct. Commissioner Carollo: The $250 a square foot that I had mentioned -- and this should be more, because you can't build a building with all that granite and the whole outside of the building, all the marble inside, and all the other amenities, for 200 and then the 50 for the buildout, but I'm still going at 250. That's a grand total of $49 million. It's got 514 parking spaces. That's 12,850,000, so we're rounding it up to 13 million. Now we have 9, 10, $62 million that that building is worth today; $62 million, and it's worth more than that, because of all the things that it has inside. But I'm being very conservative, 62 million. The total cost of the land that we had, based on 25 million an acre, which is -- I don't know if it's low; a lot of people think that it is, but that was the original number that I was given; 79 million. We're getting under an acre and a half to build, so we take 37 million out of that, and that City of Miami Page 94 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 leaves us 42 million. 42 and 62 is 104 million; 42 million for the land -- And by the way, they're getting all the waterfront. What we're going to end up is worth less, because it's not waterfront, so even those numbers are off, but I'm being very conservative. So we have -- Mr. Rose: Probably best that we are not on the waterfront. Vice Chair Gort: Excuse me. Commissioner Carollo: Yeah. We have -- Vice Chair Gort: And don't interrupt, all right? Commissioner Carollo: -- 62 million that our building is worth, minimum; 42 million that the land that we're giving them is going to be worth, minimum, is 104 million, and we're being given 70 million, correct? Mr. Rose: 70 million plus. Commissioner Carollo: It's a big difference of $34 million. And then on top of that, we're going to be providing the money for the building that I keep hearing they were going to build (UNINTELLIGIBLE) -- you know, there was never anything about us giving them the money to build our building. Furthermore, why do we have to let them build our own building? Why do we have to go to them, and we can't bid it out, like we do anything else that we do of this nature, and see what's the best price that we could build our own building? After all, the residents of Miami are on the hook for it, because we're financing it ourselves, and if there's any problems with it or any defaults, we're stuck with paying it. So financially, you could tell me all you want that, "It's a great deal, because we're going to put a portion of that into the tax rolls, and they're going to build all these units there that are going to bring a heck of a lot more traffic into the area, and that will be in the tax rolls. " Sure. What you're not saying is all the additional units that they're going to able to build there, how many millions -- tens of millions of additional dollars -- is bringing into their pockets that they're going to be able to make, because we're giving them all these extra units that they're going to be able to build waterfront. So they're getting a sweetheart deal already in what they're buying from us at the price they're getting it, but in addition, they're getting a huge deal, a huge upside in what they're going to make on the units that they're going to build there. These numbers are as clear as they could be. Now, let's go into the areas that I need to find out what professionals we brought that have worked numbers for us. Have we brought anybody that would give us a real assessment, appraisal of what the MRC building is worth? Mr. Rose: We've had two appraisals, sir. Commissioner Carollo: And who were they? Mr. Rose: I don't know the answer, but I'll find out. Commissioner Carollo: I think one of them, we were -- we just said we didn't want to use them earlier, I believe. Mr. Rotenberg: CBRE and Blake. Commissioner Carollo: Excuse me? Mr. Rotenberg: CBRE and Blake. City of Miami Page 95 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Is that the same one you guys wanted for the Melreese? Mr. Rotenberg: No. That was even -- CBRE is a group that we hired originally when we sent it out for a RFP to find out who we'll use as a -- the largest real estate company that can do an appraisal for a building this size. Commissioner Carollo: So they're the one -- Mr. Rotenberg: Please. I'm sorry. Commissioner Carollo: Go ahead, Dan. Mr. Rotenberg: I know you're knocking CBRE, and you set it up very nicely, but they happen to be the largest real estate company on the planet. So if I was to start all over again and use them, I would use them. And we did use Heerey, and we did use a Gensler Study. And a lot of what you're stating right now, it all sounds good, but the numbers that you're giving right now, that you're going through right now are quite low for the annex, and we were directed to go ahead and do an RFP. So I -- Commissioner Carollo: Dan -- Mr. Rotenberg: -- can go back -- Vice Chair Gort: Excuse me. Mr. Rotenberg: Sorry. Vice Chair Gort: Let me put this in order. Let them finish, answer the question; you already answered the question. Mr. Rotenberg: Yes, sir. Vice Chair Gort: I want you to write down all the explanations been given to you, then you all going to have an opportunity to answer it. Okay? Mr. Rotenberg: Understood. Vice Chair Gort: Thank you. Go ahead, sir. Commissioner Carollo: The numbers I'm using, Dan, sound good, as you say, because they're real numbers. You could go out and go to any of the top developers that we have and run it through them; they'll come back with exactly -- pretty similar numbers. Now -- and I haven't heard from anyone in the developing field for buildings that this that this is a good deal for us here. Now, here's my other problem. What studies have we had that shows that we have this dire need for all these new employees that we have to put somewhere? First of all, let's take Police out of the equation, because I don't believe we have any Police there. Let's take Solid Waste out of the equation, because I don't believe we have Solid Waste there. Let's take all the employees that are in this building, because they're here; they're not there. Fire, for the most part -- Mr. Rotenberg: Obviously. Commissioner Carollo: -- they're not there; they're in the different stations. I don't know how many Fire "upper ups" we have in there. I don't think it could be hundreds of them. It's a small amount. How many employees -- Mr. Assistant City Manager, how many employees, general fund employees, taking out Solid Waste -- City of Miami Page 96 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 and, of course, Police and Fire are not part of the general fund employees -- how many do we have today in the City? Well, maybe I could make it even easier for you. How many employees do we have citywide today? Joseph Napoli (Deputy City Manager): We have about 4,400 employees. Commissioner Carollo: 4,400. Boy -- Commissioner Reyes: That's including Police? Vice Chair Gort: Everyone. Commissioner Reyes: Fire? Mr. Napoli: Yes; total employees. Commissioner Carollo: How many -- how much has it gone up since you guys came a year ago? Mr. Napoli: We've actually, I believe, had a net decrease in positions. Yes. Commissioner Carollo: Well, very good. And now, with 4,400, how many of those are Solid Waste, Fire, and Police? Mr. Napoli: I'm going to get that figure for you, sir. I'm going to wait for our HR (Human Resources) Director to come here. I don't want to give you bad information. Commissioner Carollo: The point -- and I want to -- Mr. Napoli: I understand what your point is; how many people are in the MRC. That's the question. Commissioner Carollo: Yeah. I don't think that we have grown -- Mr. Napoli: We have 1,033 currently in the MRC. Mr. Rose: That's correct. Yes, sir. Commissioner Carollo: Okay. Mr. Napoli: Now, we do have some offsite people that we would bring into the new MRC. We've had to move out our -- Commissioner Carollo: And in -- Mr. Napoli: -- Community and Economic Development, and we -- they wouldn't be moving (UNINTELLIGIBLE). Commissioner Carollo: -- the past, I believe we had even more in the MRC during that time. Now, I know that the reasons why we need all this have been created, but when we're going to spend this kind of money, first of all, we need to know the real need right now, and I'm not seeing the need for this City to spend so much additional dollars; in particular, we need those kind of dollars so that we could build real affordable homes for people to own in our City. That's a big chunk that we're putting out. And if we're going to be building so that someone could get a sweetheart deal, and not because we really need it, I got a major, major problem City of Miami Page 97 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 with that. Secondly of all, I have an additional problem; that we really don't have sound numbers of what it would take for any repairs that we want to do in this building. I mean, the numbers that I've given -- and this is what I'd like to have this Commission before it makes a decision -- to -- for us to go out, like we've done already, get a firm that we choose -- not the Administration -- and to give us real numbers. How much is the land worth? How much is the building worth? And then we could get another firm, if we'd like, to run the numbers for us of how much it will cost us to build there right next to us the 90,000 square feet, the 400 additional parking spaces, because you know what? They're going to be right in the numbers that I gave here. So I -- there's no way that I am voting for this. I have a fiduciary responsibility. Mr. Rose: As do I. Commissioner Carollo: If I vote for this, I might as well not be a Commissioner here, because I would feel that I have sold the residents of Miami down the drain. Now, you tell me, yes, that you're going to get all this additional money if you put it on the tax roll, but you can put it on the tax roll, getting the real value of what the land and building is worth, and then getting additional more back for affordable housing for all the tens of millions that they're going to make in the additional units that they could build there, and I'm not seeing any of that. Commissioner Reyes: Okay. Vice Chair Gort: Thank you, Commissioner. Commissioner Reyes: Mr. Chairman? Vice Chair Gort: Yes, sir. Commissioner Reyes: Yes. I just need a couple of minutes, and I ask please -- because I have somebody from the Finance Committee, and I want to hear their opinion, because we have in the City of Miami -- believe it or not, we have a Finance Committee that all the projects should be run through them, and I'm going to ask Mr. Zichella, who is -- I think is the Chair of the Finance Committee -- if he had heard this project. Could you please come up? Please say your name and what your position is and -- Eric Zichella: Eric Zichella, 2100 Coral Way. I am the Chairman of your Finance Advisory Committee. Commissioner Reyes: Have you --have this project come before you guys? Mr. Zichella: It did. It came before us about a month and a half ago. Commissioner Reyes: And did you analyze it thoroughly? Mr. Zichella: We did. We asked a lot of questions. There were a number of questions from the members of the Finance Committee, and the committee ultimately recommended rejecting this particular deal that's in front of you for a host of reasons, which I can go into, but I think that answers your question. Commissioner Reyes: I know that you have to be someplace else. Thank you very much for staying. But I think that if we have a Finance Committee, we have a bunch of experts, you see; most -- are they -- they're accountants, all of them? Mr. Zichella: They are. City of Miami Page 98 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: They are accountants, all of them. You see -- Mr. Zichella: Well, they're not all accountants, but there are accountants on the Finance Committee. Commissioner Reyes: There are accountants. And they're people that they are well - versed in real estate also? Mr. Zichella: There are. Commissioner Reyes: And your decision was that this was not a good deal for the City of Miami, and you can have a report for us why it is not? Mr. Zichella: So if I may? Commissioner Reyes: Sure. Mr. Zichella: The project, from our perspective, was about the debt and the risk that the City's taking, and when the City's taking that risk. The City's taking the risk and selling its bonds well before the developer has any obligation to perform. So the developer takes a fee from the bonds that the City sells to build a building; the developer essentially has zero risk. And the concern has to do with potential market disruptions that could occur. We've seen that happen in the last decade. There's potential that there could be distressed assets in the marketplace. The developer could potentially say, like other developers may, "If I've gotten a certain amount of equity to invest, I may invest that equity into distressed assets versus building a new asset if I can get those distressed assets for less than I can actually build for. " If that happens, you could be left in a situation where nothing gets built on the 3.15 acres, and you've still got to service the debt, so because of that, we feel that the City's taking on a tremendous amount of risk, and you're taking on project risk. You know, to the extent that you wanted to sell debt, at least in our view as a Finance Committee, one of the things we discussed is the timing of when you sell the debt. The debt should be sold after the building's built; give the developer some incentive to develop something else on the other site; have financial penalties if the developer doesn't perform by a date certain -- Vice Chair Gort: Yeah. Mr. Zichella: -- things like that. But as it presently sits, the deal presents a lot of risk for the City; you know, puts the City in a potential position when revenues are going to be stressed anyway, to have additional debt that might be difficult to service. And so, from a Finance Committee perspective, our responsibility is to advise you on things that we think could present potential problems in the future. If you decide to go forward on the deal, the Commission does that knowing all those factors. Vice Chair Gort: Thank you. Commissioner Reyes: Thank you. And -- Vice Chair Gort: Excuse me. Commissioner Reyes: -- that's an additional objection that I have to it, besides the one that I have stated. Vice Chair Gort: Okay. Thank you. City of Miami Page 99 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Rose: Through the Chair. Vice Chair Gort: You're recognized. Chair Russell: Thank you. Vice Chair Gort: Wait a minute. Let me --make sure you copy all those questions, all those statements that's being made here, and then you will have an opportunity, you and the individuals, to answer every one of those questions. Mr. Rose: Yes, sir. Vice Chair Gort: And all the doubts that have been placed here, we all will get an opportunity to do so. Mr. Rose: Yes, sir. Vice Chair Gort: Yes, sir. You're recognized. Chair Russell: Thank you, Mr. Chair. Mr. Zichella, so just to understand clearly what you said, the objection of the board was -- Vice Chair Gort: The bond issue. Chair Russell: -- the bond issue. Did you contemplate or consider the actual deal itself, that the MRC s on the water, and they're doing this swap concept? Was that considered, and was there a resolution placed on that or simply on the debt financing? Mr. Zichella: The deal, as it sits in front of you, was placed in front of us -- Chair Russell: Yes. Mr. Zichella: -- and we rejected that deal. So, you know -- Commissioner Carollo: How many -- I mean, what was the vote? Mr. Zichella: It was 4-1. Chair Russell: But it -- okay. So it was rejected in totality, but it was based on the reasoning of the bond issue as your primary concern? Mr. Zichella: That was one of the concerns that I articulated. There was a whole host of -- and a whole -- a long list of concerns, which we could go and discuss -- Chair Russell: They were brought up. Mr. Zichella: -- if you like. I mean -- Chair Russell: They were brought up. Mr. Zichella: -- I'm sure -- I'm happy to discuss it with you. If you don't approve the item today or defer it, or whatever, I'm happy to discuss it with you and share the long list of concerns that were raised in the Finance Committee, and I can also talk to you about additional concerns, if you'd like. But, you know, from our perspective, I can't point to one thing or the other -- City of Miami Page 100 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Understood. Mr. Zichella: -- but since you're asking me about the bond and about the debts, I'll tell you what the concern is -- Chair Russell: (UNINTELLIGIBLE). Mr. Zichella: -- on that issue, but there's other concerns also. Chair Russell: Thank you very much. Commissioner Reyes: Yep. Chair Russell: Let me -- and if I could just finish up, let me tell you why I'm comfortable with this, and I -- and how I can also empathize with their concern. This was put together under the -- under a previous Commission, and as much of a eagle-eyed steward of our finances as both of you are, always looking out for the bottom line of the City, both logistically and financially, we recognize this was a very complicated deal, and one thing that brings me comfort is that this was not something that was brought to us. The developer didn't come to us and say, "Hey, I have a great idea. " We actually started from the City side saying, "What are we going to do with this asset that we have?" And recognizing that we have a municipal building off the tax rolls, on the water, in the core of downtown; that not being the highest best use of that land. If we could get anew administrative building out of this, without creating a hole in the City, and then actually creating a profit for the City in getting that waterfront land back on the tax rolls, would that be a good idea? Recognizing, doing it all the right steps, it was put to a referendum for the voters to contemplate. We even brought in outside counsel to work with our City staff and Attorney to make sure that all the nuance of this gave us comfort, because it is complicated, and I'm by no means implying that you don't understand the complication. I clearly see you have a very solid grasp of it; you simply disapprove. But if the numbers that they're giving us are correct, that if this does make the City a net billion dollars over the next 99 years, that we get a new building out of this -- and this is also a key part -- not for free, but without creating a hole in the City, meaning that this would be a wash within the deal, that the new -- that the sale of the land and the new development would create the funding for us to finance the new administrative building, I'm comfortable with that. And I don't believe there was misdirection. I think the red flag went up when the bonding came about, because no one was contemplating the bonding originally. And suddenly, we're going out for a bond. "What do you mean, we're going out for a bond?" I understand that. The explanation that was given to me about that satisfies me that we had an original financing component mechanism, but that our Budget Director recognized there's a better way to do it for the City that's going to earn us even more or cost us even less. And for all those reasons, I am comfortable. I do recognize your concerns, but I do see the math differently. I do see us making money, not losing money; getting a new building. Would we have gone out for a new building just to build ourselves a building on our own dime? I don't think we would have. I think we would have stuck it out and lived with the building that we have. Commissioner Reyes: Do we need it? Chair Russell: The fact that this makes us money is where I see comfort in that, and that's why I made the motion. That's all I wanted to say. Thank you. Commissioner Reyes: Just had a simple question. City of Miami Page 101 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Thank you. Commissioner Reyes: Do we need this -- Vice Chair Gort: Excuse mel Commissioner Reyes: -- building? That's what nobody have proven to me; that we need a new building. Vice Chair Gort: I understand. You already put your objections. Let's hear now from the Administration and the people here that come up with the -- and I hope you have taken notes of all the questions and all the doubts that have been placed in here today, and you can address them. Commissioner Carollo: Well -- but Commissioner, that's really the question at hand; do we need a new building? One, two? Vice Chair Gort: Excuse me. Commissioner Carollo: Is the building in such a bad shape that we got to tear it down? Vice Chair Gort: No, no, no. My understanding is, the Administration -- and I'm sorry you guys were not here when those decisions were made with the -- not with this Administration, but the other Administration; Danny -- when Danny was the City Manager. The -- as it was stated by the Chairperson here, the discussion is, we have like -- we have lot of lands. I have -- in my district, some lands was being used for a public purpose, which could be used for a lot better other things that could make a lot more money for the City of Miami. But the idea was, let's take advantage of this property, let's sell it, let's create it, and then let's get some benefit out of this new thing. That's the only reason; not because (UNINTELLIGIBLE) study (UNINTELLIGIBLE). Commissioner Carollo: And I have never been against that premises, if we need it. What I am against is, number one, do we need it? Number two, I cannot believe that we're going to tear down a building that's still relatively new, in good shape, to have one built for us at a lot more expense that's not going to have anywhere near the amenities and the expense that this one has, and that we're going to give this way below the real market value, and then after giving a tremendous upside in building additional units that we're not going to be a real partner, a substantial partner in the benefits of that, and that's the problem. If we're doing it for that reason, then let's do it as businesspeople. Commissioner Reyes: Let's get -- Vice Chair Gort: I understand your opposition. I'd like to hear now from them. I mean, we can go back and keep discussing; I don't have any problem with that, but I think we got to move on. Commissioner Reyes: Just -- Vice Chair Gort: Okay? Commissioner Reyes: -- to --following on -- Vice Chair Gort: You're recognized, sir. City of Miami Page 102 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: -- what you said, you said, "Okay. Let's get this land on the tax roll. " Okay. Let's get the whole thing on the tax roll. And if we're going to build a new building, let's build it on the land that we are not using now, and it does -- not as valuable as that. We don't have to be next to the water. We don't have to be next to a river, you see, the administrative building. You have a lot of land on 12th Avenue, next to Santa Clara Station; we can build it there -- Vice Chair Gort: No. Commissioner Reyes: -- and we get everything on the tax rolls. Vice Chair Gort: We already have projects that's going in there. Commissioner Reyes: Okay. Vice Chair Gort. Okay? Commissioner Reyes: Well. Vice Chair Gort: Thank you. Yes, sir. I hope you asked— be able to answer all the questions that been placed in here and all the doubts that has been placed here, and explain how the program's going to work. Now, the $150 million that budget, the bond, they're going to do it. My understanding is, you don't have to issue a bond before you even begin, so that's something that -- and at the same time, when you do a bond issue, or any type of financing, you use it as you go on the draw purpose, so you don't have to pay the whole thing. So let's make sure we explain everything so everybody can understand; not only us here, but the public. Thank you. Mr. Napoli: Mr. Chairman, if I could just start. I just want to make sure -- and it's been reiterated twice now, but what our charge was. There was an RFP. There was a referendum. We were asked to negotiate this deal. I appreciate the questions that are asked on other matters, but that is not what we were asked to do. We have developed calculations based on this deal. We have developed calculations, which we've shared; which, if we don't do this deal, what it would cost to maintain the operating capital costs with the current building we're in. And we also have provided the data on what it would do, on Commissioner Carollo's request, to build an annex, as well. So I just want to make it clear what we have been asked to do is negotiate this deal, and that's what we have done. Vice Chair Gort: No. I understand that. That's why I want to make sure we explain every bit of it. Commissioner Carollo: See -- Vice Chair Gort: And I can see the purpose of -- they're not here when the decisions were made, and they're being very careful how we're going to use that funding, how we're going to do it, and what's going to be the best for the City of Miami, and I really appreciate that. Commissioner Carollo: Commissioner, with all due respect, while we were not here when some of this got started -- Vice Chair Gort: Right. Commissioner Carollo: -- the numbers that I've given speak for themselves. We could, you know, analyze them -- City of Miami Page 103 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Right; that's why I think the questions -- Commissioner Carollo: -- -- in any which way. And what I am seeing is that this is not an avalanche to push this, no matter what. We don't have to go at full speed ahead. I mean, we don't have thousands of employees that are working out of tents. Last time I looked out when I went there, we're talking about a substantial amount of dollars that, as I showed, we're going to be given this property that's below the market value, and that's not including what they're going to be getting for the upside, and what they could build. You know, we're getting very little back out of that. Vice Chair Gort: Commissioner, I think you have position. Both of you has been placed over there. I would like to --for staff to answer, whoever make the proposal. Commissioner Carollo: What -- Vice Chair Gort: People that (UNINTELLIGIBLE). Commissioner Carollo: -- I would like to see, which I've never seen, you said that there were some studies done, Mr. Assistant Manager. Can you go over again what studies were done that you just mentioned a few minutes ago? Vice Chair Gort: Commissioner, if you allow me, please, to keep some order in here. I've asked them to write all their questions, and answer all your questions and all your figures that you have brought up. Okay? Commissioner Reyes: Can I add one more question Vice Chair Gort: Sure. Commissioner Reyes: -- to those? I heard Mr. Zichella says that the company is going to receive 5 percent of the bond issue. That's 5 percent of a year -- I mean, 5 percent of $150 million is 7 million -five. Vice Chair Gort: A lot of money. Commissioner Reyes: And if the interest rate that we are going to pay, it is -- it's 5 percent, because I don't think that we are going to sell those bonds for 2 percent or 3 percent. I don't know how much we're going to pay. That's an additional cost that have to be included in our calculations. Vice Chair Gort: Those are great questions, and I want the staff to be able to answer all those questions, please. Mr. Rose: Yes, sir. So to follow along with what Deputy Manager Napoli said, the real question is not what this property --or these properties are worth. The question is, what will they be worth? What can they be worth? Much of the discussion that's happened this afternoon has been about the expense side. It's leaving out the revenue side. It is not that we're getting a new building, because we need a new building. It's that you can't leave that building where it is and still develop the site and put these properties on the tax roll. So we're -- the original reason, as Commissioner Gort -- Vice Chairman Gort said, was not to get a new building, but to see if we could get a new building in the process of getting these properties on the roll. That was the initial reason, the reason the bid went out, the reason the bid documents came back in. I do need to correct the record just a little bit. It was not a 4-1 vote on the Finance Committee. It was actually a 3-1 vote, and we did have one abstain, so -- and Mr. Zichella and I have been doing the Finance Committee together. He's on it. I staff it. We've been doing it for years. Just because we City of Miami Page 104 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 disagree does not mean we're enemies. There is the whole deal. If you pick apart pieces of the deal and leave out the rest of the deal, we can make it look negative, but the fact of the matter is, it does make money for the City of Miami, both during the time of the liability and after. Vice Chair Gort: Excuse me. Can we get the people to get this side quiet? Thank you. Go ahead. Mr. Rose: I'll also take objection with it being compared to the deal that the Marlins got. That deal was not meant to be a moneymaker. This deal does make money for the City. It has a revenue component and an expense component, not just an expense component. Commissioner Carollo: You're not defending the Marlin's deal, are you, Chris? Mr. Rose: I love the Marlins. It's been a while since I've been to a game though. Commissioner Carollo: No, no, no. I'm talking about the deal that we made; that we gave up so much of our property, and we're paying a lot of money for the tens of millions of dollars we poured in that just from the City side. Mr. Rose: I agree. We've got debt service; we're still paying on it. And no, I'm not defending that deal. I'm just pointing out the difference between that deal and this deal. Commissioner Carollo: Because that was the worst deal in the history of Miami. Commissioner Gort: Okay. Excuse me. We still have a long agenda to go, people. Go ahead. Mr. Rose: And that's -- Commissioner Russell actually alluded to it, and all of the numbers that we have calculated, everything's been bid out. This is a chance at competition. We had the one company come back and tell us what they could do, and we have negotiated since to make the deal better for the City. Now, I know there's other questions. I can talk about the finance side of the deal. I think I've done that. I'm going to have to get some real estate questions answered in terms of what studies were done and things like that, and I'll ask. Vice Chair Gort: We'll get into that, but my understanding is -- and you need to go into the details of the financial of this deal from the beginning. My understanding is, rent is going to be paid from the beginning; three point something million dollars from the beginning, even once after they take possession. Am I correct? Mr. Rose: Yes, sir. Vice Chair Gort: Again, I wanted to continue with that procedure. My understanding is, we're going to get -- I forget the percentage of the two towers that are going to be built. Mr. Rose: So what we've done with the City's financial advisor, PFM, is we've taken the revenue streams that are coming off of this deal and the expense stream, the expense need of the deal, and we made sure that whatever financing we do -- whether it be a bond, a loan, credit tenant lease, which was initially in the deal and we've made sure that it is sized to that revenue stream and just a little better, so that in those 30 years of the bond, it's still throwing off money. After that, much like paying off a mortgage, it's making only money. There is not a debt, a liability that the City will carry. Feel like I'm not answering your question, sir. City of Miami Page 105 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: No. My question was, my understanding is, after the two towers are finished, we can get the best or either 3.2, or a gross percentage of the profits. Mr. Rose: So -- yeah. I'm not sure -- I feel like we've said it already, but I guess -- We will begetting rent payments from them. We will begetting rent -- we will be giving them rent payments as well. In about the sixth year, one of the scenarios that we've got is that they sell -- that we sell the land, and they give us the 70 million -- the 69,400 that we've talked about, then we have the debt sized so that we can take advantage of that, and not carry debt when we have a large influx of cash. And so, all of that was the deal that the Finance Committee saw. Since the Finance Committee -- and I should address what Mr. Zichella said -- is we have since negotiated backstops into the deal, such that if the market turns down and the developer does not build as fast as we had anticipated, the developer will pay us additional to cover the debt that we might have at that time. But you're right, Commissioner; we will sell the debt as close to the need as possible. There's no need to carry cash without putting it out. The only time you would do that is if interest rates are really low, and you're guessing that they're going to go really high, and I don't have any of our financial advisors saying that's going to occur right now. Vice Chair Gort: Not going to happen. Mr. Rose: So we have a total package deal, with the debt included, that makes money for the City, and that's the bottom line on this deal. Commissioner Carollo: And you said, when does it start making money for the City? Vice Chair Gort: Excuse me. Mr. Rose: It actually -- it makes money -- the length of the bond is not much. It's 26 million over a 30 year period, so it's not a great deal, but we're not going backwards. We can size the debt so that it's not higher than what the deal would pull off of it. Commissioner Carollo: Even if those numbers are correct, that's still less than what the value of the property that we would have been selling to them is worth. Mr. Rose: If we were to do the annex, or build somewhere else -- if we were to do the annex, we wouldn't be able to develop the land, and get it on the roll, which was the initial reason for the whole RFP. If we were to put the whole thing and build somewhere else, we're still going to have to take out some kind of financing to build that other building. Commissioner Reyes: But we will get -- have more revenues -- Vice Chair Gort: Excuse me, excuse me, gentlemen. Let's go through the Chair. Look, you're not answering a lot of the questions that have come up. Hello? Can I get you guys' attention a minute? Mr. Rose: Yes, sir. Vice Chair Gort: You're not answering the questions. The need -- the cost of the building. What are we going to have in the building? We don't have a design. We don't have any of that information, according to what was stated in here today. The cost of the towers, what is the cost per square foot, and so on. Mr. Rose: Okay. City of Miami Page 106 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Because those are being -- doubts have been brought here. If you had the numbers, you should bring it up, and you should put it on the record. Mr. Rose: Okay. Let's get it on. Commissioner Carollo: Can you get that on the record, please, whatever he's saying? Mr. Rotenberg: I wasn't really paying attention. What we're going through right now, I wanted to -- Commissioner Carollo: I'm sure you weren't. Mr. Rotenberg: -- clarify the studies that were done so everybody understands -- Commissioner Carollo: This is pretty outrageous, okay? Mr. Rotenberg: I'm sorry? Commissioner Carollo: You had the developer of the project that, even in front of us here, wants to speak to you off the record. If he brings in a court reporter, because he wants to record everything we say, then why is he concerned that his words are not recorded? And how does it look? Vice Chair Gort: They'll get an opportunity to speak also. Mr. Rotenberg: All right. Vice Chair Gort: Go ahead. Mr. Rotenberg: So I just wanted to go over some of the facts. The MRC annex building that we were talking about, there was a massing study done by Heerey, which is a construction company locally down here. Because of the site, the way it's set up, even if we do fill those slips, there are easements, there were FDOT (Florida Department of Transportation) setbacks, and the building itself would have to go up roughly about 13 -- 12, 13 stories, which increases the actual cost. To magnitude for the office space, it's going to cost us about $540 a square foot. The way it would have to be built is extremely expensive, and filling in land would be extremely expensive. We don't own the water rights past that point. Those are State submerged lands. We would have to pay for that. The massing study that was originally done was done by a company called Gensler about four years ago, when we originally started this. We did back out Police. We did back out Fire. We backed out all these services that are not in the building. We included CD (Community Development), which has moved out of the building, which we're now bearing a cost every year, which would be able to move back in. We looked at this as a pure real estate deal. We're sitting on the water as a city, which probably is not the best site for us to be on, if we can cut our expenses. If we do absolutely nothing and stay where we are right now, we're going to incur over $730 million going forward in operating expenses, in 40 year recertification, capital expenses. And I understand, the building is a beautiful building, I understand it was built by FPL, but the efficiency of that building -- if you first walk into the first floor, you have a three- story lobby, which is a waste of two stories of space. So I understand where you're coming from, but it probably is not the best use of a city building, which was bought for I believe a little over $13 million, and we're selling it right now for the 70 million, plus 2 percent of the override fee, which is going to -- City of Miami Page 107 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Dan -- Mr. Rotenberg: -- bring us close to $80 million. So we're looking at a pure real estate deal. If we go ahead and we build an annex over there, the numbers are even higher than that. We're going to end up having to cut -- we're going to end up having to spend on our building -- Again, Heerey did a study on this. Roughly, $54 million would have to go back into our building. I do understand the $200 a square foot, where you're coming from. You and I had discussed that number. The City really has a hard time sticking toward -- a regular residential builder would do. We're going to end up having to spend more money than that. We have to modernize the building. And we're hitting a point right now where those costs are starting to become associated. The building itself, the MRC today, has roughly 1.6 to $1.8 million of a set -- of a line item going forward. So this is going to increase as we go forward. So forgetting the fact that the building itself, if we do nothing and stay there, will cost us more, we looked at this, "What would a real estate investor do?" We're going to vacate where we are right now; move to a site which is off the water; allow the City to recapture and capitalize on that site; reap the benefits of $1.1 billion over 99 years. And I heard what Eric had said, and when he looked at that -- and I did hear what Commissioner Reyes said also. The lease itself and the development agreement have items in there. First of all, we have a sinking fund, so going forward, we're not going to have an obsolete building ever again. We put in a clause, going forward, that we're going to have to have capital expenses put in every 10 to 15 years, so we don't ever end up with an obsolete building again. We put a backstop in, because Eric, when he looked at it, made a point that there could be a market deviation, and you know what? We listened to what he said, and we ended up putting a backstop in. So after the first five years, when we are making money from day one, we now have a backstop going forward, so either it's a frontage of the lease payments or a frontage of the purchase price that covers us going forward. We actually started this off looking at a net zero deal; how we can move into a brand- new building, and move our building, and collect taxes, and we ended up with a building that's going to net us probably in excess of $300 million. And I do understand that the Commissioners that are concerned about this were not here when this all started, but this is roughly three and a half years of studies, of reports. I understand that CBRE may be a hot button, but they did spend a lot of time on this, and they are, to us, impartial, doing the work that we asked them to do. The questions that have also been asked on the bond, I think Chris did a pretty decent job in answering them. We're not going to open up -- or we're not going to breach the bond until it's ready to be built. We're going to have a GMP, which is a gross maximum price, not to exceed 150. If it starts to get higher, it has to be brought back here. And what we've done with the massing studies for the new building, we built in a contingency. Most of the time for construction, we build a contingency, anywhere from 3 to 5 percent. We have a 10 percent contingency fund in there. We have extra contingency funds inside of the hard costs for construction. So we took a lot of care when we did this. This wasn't something that was thrown up, and it was done through the part of a RFP, not through us seeking this as a open bid. Commissioner Reyes: Mr. Chair, just -- Vice Chair Gort: Yes, sir. Commissioner Reyes: -- a comment. Sir, we were not here when -- and I know I wasn't here. But the -- my concern is and my objection is that from day one, this deal was based on the facts that the Administration building was going to build in one of our sites. You see? Chris said something that -- yes, it was going to build next -- in a parcel of our own land. It was never, never based on the possibility of having the whole track of land developed and building the administration building City of Miami Page 108 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 someplace else. And let me tell you this. Hold on a second, sir, please. Okay? No. Hold on a second, sir. Vice Chair Gort: Wait. Hold on. Commissioner Reyes: Okay? Hold on a second. What I'm saying is this, you see, Chris said something that it is true. If we were going to go build an Administration building -- if we need it, and we decide to build it -- and we're going to build it someplace else, we still have -- need funds, right? We have to pay it. But by using that land that now we are building the Administration building on, by getting that land also on the tax rolls will provide more revenues for us to pay the building. Is that true or not, Chris? Mr. Rose: Yes, sir. Commissioner Reyes: Okay. And this -- that is my point. You see? Mr. Rotenberg: I understand that. Commissioner Reyes: That is my point. Vice Chair Gort: Excuse me. Hold -- Mr. Rotenberg: May I, through the Chair? Vice Chair Gort: Let him finish, and then you answer. Commissioner Reyes: Okay. That is my point. My point is that we'd be better off -- and I told Mr. Adler, also, that it is better off for him and for us that we find a place that we can build, because if -- by using that -- There is a term in economics, which is -- it is "opportunity cost." We are using that valuable land to place a Administration building when we can use it to place another building that could give us more revenues. That is my point, sir. Mr. Rotenberg: Okay. Vice Chair Gort: Thank you. Mr. Rotenberg: May I address? Vice Chair Gort: Yes, sir. You can answer now, yes. Mr. Rotenberg: Thank you. I do appreciate what you're saying, and while what you're saying, in your perception, maybe correct -- Commissioner Reyes: My perception (UNINTELLIGIBLE). Mr. Rotenberg: -- we -- I understand. I'm not -- I'm a little confused as to how you want us to react. We had a resolution on 1/24, R-19-0050, where the Commission already voted for us to build this site -- to build the building on the site. Now, I do understand what you're saying. No matter where the City would go and occupy any place within the City on land that we do own -- and you being an economist, you understand this -- wherever we would go, we would occupy that space, and we would remove that space off of the tax rolls. So it doesn't matter where we would go, but -- Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 109 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Rotenberg: Please, let me finish. -- by removing that -- this site off of the water and moving it to a site secondary to the water, we're capturing most, if not more, of the value if we would have moved to another space. Commissioner Reyes: No, sir. You are -- Mr. Rotenberg: But again -- Commissioner Reyes: Allow me -- Mr. Rotenberg: -- this was voted. Commissioner Reyes: -- to -- I mean, I don't agree -- disagree with you. If we use that land which is next to the water, and we include that land in the tax roll, there is land that it is not in the tax roll that we could use. The value of the land next to the water is going to be substantially great, even, even if we sold the other land and we get it in tax roll. There's going to be -- I mean, the tax payment for that land is going to be substantially greater. You should know that. Commissioner Carollo: The -- there's a number that you gave, Dan. Dan, can you come up? Chris could be there to help, if need be. You said that the number to -- that you were given to refurbish the MRC building is 54 million. Mr. Rotenberg: 57.2. Commissioner Carollo: Oh, it's more than 54 million. Well -- Mr. Rotenberg: Yeah. Commissioner Carollo: --I had calculated 54 million at $277 a square foot, so now it's even higher than that. You told me at the last time this came up here that it was 150; now it's close to double the amount. Look -- Mr. Rotenberg: Understand that that includes the annex. Commissioner Carollo: When you say, "the annex" --? Mr. Rotenberg: The building that you wanted to build next door includes the annex; the one that you wanted to put where slips are right now. Commissioner Carollo: I don't want to put any building where the slips are. What I presented, I don't need to fill a single slip. Mr. Rotenberg: We're not going to build a building on the slips. I don't mean to be cute about this. You know what I'm saying (UNINTELLIGIBLE). Vice Chair Gort: Hey, excuse me, excuse me. Commissioner Carollo: (UNINTELLIGIBLE) I'm not being cute, either. Vice Chair Gort: Hey, through the Chair, please. Commissioner Carollo: Yeah. I -- what I presented, I was very clear; that we could build without -- not touching any of the slips, but if they certainly can fill them in -- and the plans that I was told they were going forward with were with the slips to be filled -- then we could certainly fill them. But the plan that I presented, we don't have to put not a single glass of dirt in filling any slip, because we have plenty of City of Miami Page 110 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 land there. But for me to be told, you know, these numbers is -- you know, I'm just flabbergasted by them. All that I could tell you is that, look, if the reason we're selling this land now is not because we need it anymore; it's not because the building is falling apart, like I was told before; now it's because it's all about the dollars; that it's going to bring us so much more money by putting this on the tax rolls, then, heck, why don't we start going for, you know, so many other --for City properties that --? Let's go with marinas and, you know, sell them. Let's go with right here. Mr. Rotenberg: I think you and I -- Commissioner? Commissioner Carollo: It's a historic building; they can't tear it down, but let's sell this too. I mean, let's -- Vice Chair Gort: Okay. Commissioner Carollo: -- why this particular place that was chosen in this forum? Mr. Rotenberg: I happen to agree with what you said, but I think this site, because of the inefficiencies that exist on the site, this was a prime site to hand over to private developers. Unfortunately, as a municipal government, we don't have the same ability as a private developer to capitalize on something. We should look at all of our sites right now; I agree with you. Commissioner Carollo: Yeah, but that wasn't -- you've been here for quite a while, and I don't see that you've been jumping up and down -- Mr. Rotenberg: No. Commissioner Carollo: -- recommending that either, but the -- Look, I've stated -- Vice Chair Gort: Okay. Commissioner Carollo: -- my piece on this. If, Chairman, you want to give us more time, like we should, for them to provide answers to all that we've asked, to go through real numbers before it comes back to a vote, I think that'd be the appropriate way of doing it, but when -- You know, I'm being thrown numbers, like we're in a candy store, and candy's being thrown around. `No; that it's going to take now 500 plus, 6" -- I think 600 plus is the number that was given to construct therefor this reason, that reason, and I don't have anything solid that's showing me what they're saying. All that I know is, with simple math and coming out with market value numbers, I think I've clearly shown that we're giving the land and the building away for less than market value. That's clear. And then we're getting practically nilch [sic] in return for all that they're going to be able to build there. So if we are only doing this because we wanted to bring more money by putting all this in the tax rolls, one, we should have and should give all the land up; two -- so that changes the dollar equations in a big way. And two, we can build ourselves. My God, if we're going to finance this now -- we were never told this. If we're going to finance this now at $150 million, "up to " -- using your words -- what do we need these guys for? What do we need them for? We could go anywhere we want, and we got plenty of City -owned properties that is not in the tax rolls, so we're not taking anything out of the tax rolls. I could, you know, tell you at least three different locations; one of them right in downtown Miami, and big piece of properties that we own that we could build ourselves. And, you know, for $150 million, we could build a new Administration building with a new City Hall and a new police station. Vice Chair Gort: Thank you. Okay. Any further discussion? There's a motion. There's a second. City of Miami Page 111 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Can we have roll call, please, Chair? Vice Chair Gort: Cal the roll. Todd B. Hannon (City Clerk): Roll call on Item RE.S, RE.6, and RE.7. Commissioner Reyes? Commissioner Reyes: No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Commissioner Hardemon? Commissioner Hardemon: For. Mr. Hannon: Chair Russell? Chair Russell: Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Motion passes, 3-2. Commissioner Reyes: I just want to make a last comment. 10 years from now, 15 years from now, I want those that are responsible for this, if there was a mistake, say, "We made a mistake. " If it is -- I promise, if I'm here, that I will come out and say publicly, `I was wrong. " You see? What's going to happen. Commissioner Hardemon: Mr. Chairman? Chair Russell: Thank you. Vice Chair Gort: You'll be here. Chair Russell: Commissioner Hardemon. Commissioner Reyes: No, I won't be here. And I mean in this world. Chair Russell: Please, gentlemen; we got a lot to do, and these people have been so patient for us. Let's get moving. City of Miami Page 112 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 RE.6 RESOLUTION 5971 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of Real AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND Estate and Asset EXECUTE A DEVELOPMENT MANAGEMENT AND Management CONSTRUCTION AGREEMENT ("NEW FACILITY AGREEMENT"), NAYS: IN CONSULTATION WITH THE CITY'S FINANCING TEAM OF CITY MANAGER, DEPUTY CITY MANAGER, CHIEF FINANCIAL OFFICER, BUDGET DIRECTOR, FINANCE DIRECTOR, FINANCIAL ADVISOR, RISK MANAGEMENT DIRECTOR, CITY ATTORNEY, BOND COUNSEL, AND SPECIAL REAL ESTATE COUNSEL, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND LANCELOT MIAMI RIVER, LLC ("LANCELOT"), WHEREBY LANCELOT SHALL MANAGE THE DEVELOPMENT AND CONSTRUCTION OF THE CITY'S NEW ADMINISTRATIVE BUILDING, INCLUDING NECESSARY PARKING (COLLECTIVELY, "NEW FACILITY") FOR A FEE NOT TO EXCEED FOUR PERCENT (4%) OF ACTUAL EXPENDITURES, CONSISTENT WITH THE APPROVED PROJECT BUDGETS, AND FURTHER CONSISTENT WITH ALL LEGAL REQUIREMENTS, INCLUDING THOSE FOR PUBLIC FINANCING, CONTINUING DISCLOSURES, AND ONGOING COMPLIANCE THEREFORE. ENACTMENT NUMBER: R-19-0255 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo, Reyes Note for the Record. For minutes referencing Item RE.6, please see "Public Comment Period for Regular Item(s)" and Item RE. 5. City of Miami Page 113 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 RE.7 RESOLUTION 6018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE Management and CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND Budget TAXABLE SPECIAL OBLIGATION BONDS OR ANY OTHER FINANCING MECHANISM ADVANTAGEOUS TO THE CITY ("FINANCING MECHANISM"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, IN THE EXPECTED TOTAL MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF ONE HUNDRED FIFTY MILLION DOLLARS ($150,000,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS OR FINANCING MECHANISM FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE ACQUISITION OF REAL PROPERTY, THE DEVELOPMENT, CONSTRUCTION, AND INSTALLATIONS FOR A NEW CITY ADMINISTRATION BUILDING AND RELATED PARKING FACILITIES, AND FOR CERTAIN CAPITAL IMPROVEMENTS INFRASTRUCTURE PROJECTS RELATED THERE TO BE LOCATED AT 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA (COLLECTIVELY, "NEW CITY ADMINISTRATION COMPLEX PROJECTS"); ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI- YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 13, 2018 AS SUBSEQUENTLY AMENDED. ENACTMENT NUMBER: R-19-0256 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Russell, Gort, Hardemon NAYS: Carollo, Reyes Note for the Record. For minutes referencing Item RE. 7, please see Item RE.5. City of Miami Page 114 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 RE.8 RESOLUTION 6077 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Communications EXECUTE THE SUPERBOWL HOST COMMITTEE AGREEMENT AYES: ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ABSENT: WITH THE SUPERBOWL HOST COMMITTEE ("HOST COMMITTEE") TO REFLECT THE CITY OF MIAMI'S ("CITY") CONTRIBUTION THERETO, THE USE OF THE CITY'S CONTRIBUTION, AND THE CITY'S HOSTING AND PARTICIPATION IN RELATED EVENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0258 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: All right, we have a quorum. I'd like to take RE.8, please, and we're going to fire right through the remainder of the morning's agenda, please. RE.8, is there a motion? Commissioner Reyes: Sir, which one is it? Chair Russell: RE.8, the Super Bowl Host Committee Agreement. Commissioner Reyes: RE.8. Just hold on a second. Remember, I'm an old man and I (UNINTELLIGIBLE). Commissioner Hardemon: Execution -- so moved. Chair Russell: It's been moved; seconded by the Chair. I'll open for discussion amongst the Commissioners. Commissioner Hardemon: No discussion, right? Ready to go? Chair Russell: Do you need time, Commissioner? Commissioner Reyes: No. That's fine. Chair Russell: All right. Hearing no further discussion, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? RE. 8 passes. City of Miami Page 115 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 RE.9 RESOLUTION 6038 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioners MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION and Mayor AND PUBLIC WORKS TRAFFIC DIVISION ("COUNTY') TO TAKE AYES: ANY AND ALL ACTIONS RELATED TO TRAFFIC MITIGATION ABSENT: AND CALMING SOLUTIONS FOR THE AREA BOUNDED BY SOUTHWEST 37TH AVENUE TO THE WEST, SOUTHWEST 17TH AVENUE TO THE EAST, US 1 (SOUTH DIXIE HIGHWAY) TO THE SOUTH, AND SOUTHWEST 22ND STREET (CORAL WAY) TO THE NORTH, INCLUDING BUT NOT LIMITED TO THE USE OF ROUNDABOUTS, CHICANES, SPEED TABLES, VEHICULAR ACCESS RESTRICTIONS, CONVERSION OF STREETS TO ONE- WAY, SIGNAGE LIMITING NON -LOCAL TRAFFIC AT CERTAIN TIMES, AND ANY AND ALL OTHER OPTIONS THE COUNTY MAY CONSIDER; FURTHER REQUESTING THAT THE COUNTY EVALUATE A REQUEST FOR A VEHICULAR ACCESS RESTRICTION ON SOUTHWEST 24TH TERRACE, AT ITS INTERSECTION WITH SOUTHWEST 17TH AVENUE AND SOUTHWEST 27TH AVENUE; REQUESTING THAT THE COUNTY RENDER A FINAL DECISION AS TO BOTH REQUESTS, PURSUANT TO ITS EXCLUSIVE AUTHORITY TO REGULATE TRAFFIC COUNTYWIDE, INCLUDING WITHIN THE CITY OF MIAMI ENACTMENT NUMBER: R-19-0252 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 minutes referencing Item RE.9, please see "Public Comment Period for Regular Item (s) " and "End of Consent Agenda. " City of Miami Page 116 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 RE.10 RESOLUTION 6069 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY and Mayor MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT AYES: ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ABSENT: ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY') AND INVESTORS GUIDE LLC ("SELLER") FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 700 SOUTHWEST 63 AVENUE, MIAMI, FLORIDA ("PROPERTY') FOR A PURCHASE PRICE OF THREE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($385,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000.00),TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND ALL RELATED CLOSING COSTS, ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-19-0241 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 minutes referencing Item RE.10, please see "End of Consent Agenda. " City of Miami Page 117 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 REA 1 RESOLUTION 5306 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO A and Mayor RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT OF EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) ("GRANT") FROM MIAMI- DADE COUNTY ("COUNTY") PURSUANT TO COUNTY RESOLUTION NO. 650-18 ADOPTED ON JULY 10, 2018; APPROVING THE ALLOCATION OF THE GRANT FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM NUMBER 220 - "ACQUIRE OR CONSTRUCT MULTI-PURPOSE FACILITIES" ("GOB PROGRAM") FOR THE PURPOSE OF RENOVATING AND EXPANDING TWO (2) EXISTING CITY OF MIAMI ("CITY") OWNED BUILDINGS ("CAPITAL PROJECT"), LOCATED AT 25 TAMIAMI BOULEVARD, MIAMI, FLORIDA (A/K/A FLAGAMI PARK) AND CURRENTLY OPERATED UNDER A REVOCABLE LICENSE AGREEMENT EFFECTIVE JULY 10, 2018 ("RLA"), BETWEEN THE CITY AND SOUTHWEST SOCIAL SERVICES PROGRAMS, INC. ("LICENSEE") AS THE DR. ARMANDO BADIA SENIOR CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE RELATED REIMBURSEMENT GRANT COOPERATION AGREEMENT WITH THE COUNTY ("GRANT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO CREATE THE NECESSARY SPECIAL REVENUE FUND AND RELATED ACCOUNT(S) REQUIRED; AUTHORIZING THE AMENDMENT OF THE LICENSEE'S RLA, TO INCLUDE THE EXPANDED SPACE AT THE FACILITY AT THE PROPERTY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, TO ACCEPT THE GRANT, TO ACCOMPLISH THE CAPITAL PROJECT AT THE FACILITY, AND TO UNDERTAKE CONTINUING COMPLIANCE UNDER THE GOB PROGRAM; AND FURTHER AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS, IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND CAPITAL PLANS, AND CREATE A NEW PROJECT NUMBER AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. ENACTMENT NUMBER: R-19-0242 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo City of Miami Page 118 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Note for the Record. For minutes referencing Item RE.]], please see "End of Consent Agenda. " RE.12 RESOLUTION 6098 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO and Mayor ACCEPT A REIMBURSEMENT GRANT IN A NOT TO EXCEED AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) ("GRANT") FROM THE STATE OF FLORIDA ("STATE") DEPARTMENT OF ELDER AFFAIRS ("DEPARTMENT") PURSUANT TO A REIMBURSEMENT GRANT RENEWAL, AMENDMENT, AND TRI -PARTY AGREEMENT ("TRI -PARTY AGREEMENT") WITH THE DEPARTMENT AND THE LICENSEE IN CONNECTION WITH A STATE APPROPRIATION ("STATE ELDER AFFAIRS PROGRAM APPROPRIATION") FOR THE PURPOSE OF RENOVATING AND EXPANDING TWO (2) EXISTING CITY OF MIAMI ("CITY") OWNED BUILDINGS ("CAPITAL PROJECT") LOCATED AT 25 TAMIAMI BOULEVARD, MIAMI, FLORIDA AND CURRENTLY OPERATED UNDER A REVOCABLE LICENSE AGREEMENT EFFECTIVE JULY 10, 2018, ATTACHED AND INCORPORATED AS EXHIBIT "A" ("RLA"), BETWEEN THE CITY AND SOUTHWEST SOCIAL SERVICES PROGRAMS, INC. ("LICENSEE") AS THE DR. ARMANDO BADIA SENIOR CENTER (A/K/A FLAGAMI PARK); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE TRI -PARTY AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO CREATE THE NECESSARY SPECIAL REVENUE FUND AND RELATED ACCOUNT(S) REQUIRED THEREFORE; FURTHER AUTHORIZING THE AMENDING OF THE LICENSEE'S RLA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO INCLUDE THE EXPANDED SPACE AT THE FACILITY AT THE PROPERTY AND IN CONNECTION WITH THE CITY'S OVERSIGHT OF THE CAPITAL PROJECT, ADVANCEMENT OF FUNDS, AND REIMBURSEMENTS UNDER THE TRI -PARTY AGREEMENT AND THE GRANT FOR THE CITY AS FISCAL AGENT AND PROJECT MANAGER ON BEHALF OF THE LICENSEE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT, TO ACCOMPLISH THE CAPITAL PROJECT AT THE FACILITY, AND TO UNDERTAKE CONTINUING COMPLIANCE FOR THE CAPITAL PROJECT IN ACCORDANCE WITH THE STATE ELDER AFFAIRS PROGRAM APPROPRIATION; AND FURTHER AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS, CAPITAL PLANS, CREATE A NEW PROJECT NUMBER, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. ENACTMENT NUMBER: R-19-0243 City of Miami Page 119 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item RE12, please see "End of Consent Agenda. " RE.13 RESOLUTION 5605 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL Department of NECESSARY STEPS INCLUDING, BUT NOT LIMITED TO, Resilience and NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CITY Public Works OF MIAMI'S ("CITY") CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO ALLOW FOR THE ADDITION OF THE LIBERTY CITY TROLLEY ROUTE TO THE CITY'S TROLLEY SYSTEM TO CONNECT WITH THE EXISTING LITTLE HAITI TROLLEY ROUTE, ALLAPATTAH METRORAIL STATION, AND NUMEROUS MIAMI-DADE COUNTY METROBUS ROUTES. ENACTMENT NUMBER: R-19-0253 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item RE.13, please see "End of Consent Agenda. " City of Miami Page 120 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 RE.14 RESOLUTION 6110 A RESOLUTION OF MIAMI CITY COMMISSION APPROVING THE Commissioners ALLOCATION OF DOWNTOWN DEVELOPMENT OF REGIONAL SECONDER: IMPACT FEES IN THE AMOUNT OF THREE HUNDRED THOUSAND and Mayor DOLLARS ($300,000.00) TO THE MIAMI DOWNTOWN ABSENT: DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, AS MATCHING FUNDS TO THE NATIONAL FOOTBALL LEAGUE'S GRANT OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR EXPENSES RELATED TO PRODUCTION, ENGINEERING, AND INSTALLATION OF THE MIAMI BAYWALK LIGHTING PROJECT; APPROVING THE MIAMI BAYWALK LIGHTING PROJECT AS THE SUPER BOWL 2020 LEGACY PROJECT. ENACTMENT NUMBER: R-19-0257 Note for the Record. For minutes referencing Item RE.14, please see "Public Comment Period for Regular Item(s)" and "End of Consent Agenda. " MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) END OF RESOLUTIONS City of Miami Page 121 Printed on 0912412019 MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo END OF RESOLUTIONS City of Miami Page 121 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 5434 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' SANITATION EMPLOYEES RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-241, 40-254 AND 40-255, TITLED "DEFINITIONS," "PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN NONMEMBERSHIP SERVICE, AND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," MORE PARTICULARLY BY AMENDING SECTION 40- 351, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN APPOINTED OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' SANITATION EMPLOYEES RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Carollo, Reyes, Hardemon ABSENT: Russell Commissioner Hardemon: Okay. So what I'm going to do is this: We're going to finish, because I know that, most likely, this will be the final issue that we take care of tonight if we are about to lose quorum. And so, what I would like to do is to finish our -- I'm going to have the City Attorney's Office read the first reading ordinances into the record You all have a seat. We're going to handle a motion or two, and then we'll move to any -- We haven't had public comment on this yet, right? So what we'll do is, first we'll have you read into the record your request for intervenor status so that it's properly put on the record, and then we'll have a reply, and then we'll go fi^om there. Okay? You're following me, right? Okay. Read all the first reading ordinances. Barnaby Min (Deputy City Attorney): On the PZ (Planning and Zoning) agenda or - City of Miami Page 122 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: No. Victoria Mendez (City Attorney): PZ. 10, 11, and 12? Commissioner Hardemon: No; on the FRs first readings). Mr. Min: Yes, sir. FR.1 is: The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.2 is: The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.3 is: The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.4 is: The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.5 is: The Ordinance was read by title into the public record by the City Attorney. Commissioner Hardemon: All right. Mr. Chairman -- Vice Chair Gort: Please. Commissioner Hardemon: -- I will move for first reading the FR agenda. Vice Chair Gort: There's a motion. Is there a second? There's a motion. Is there a second? Commissioner Hardemon: FR agenda, first reading. Vice Chair Gort: I need a second. Commissioner Reyes: Wait, wait, wait. Commissioner Hardemon: The FR agenda for the first reading; comes back, second reading. We'll have another opportunity. Commissioner Reyes: (UNINTELLIGIBLE). I have on FR.3, which is elected official extension. Vice Chair Gort: We have FR.2. Commissioner Reyes: Oh, you're on FR.2? Commissioner Hardemon: Well, I was looking at the entire thing. Vice Chair Gort: That's right. Commissioner Hardemon: If you want to handle them separately, if you want to -- City of Miami Page 123 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: That's right. That's right. Commissioner Hardemon: -- (UNINTELLIGIBLE) at a time. Commissioner Reyes: That's right. That's right. I want to make a statement. You see, I don't know how any people are going to -- and, I mean, everybody has their own -- but when I ran for office, I ran on the conditions that I was not going to get any pension, and I -- let me tell you, every time I was on the radio, many people asked about pension. I said, "We don't have any pension. " So I am not going to vote in favor of that. Commissioner Hardemon: Okay. Commissioner Reyes: Okay? And pension -- I mean, other elected oicials, they want to -- Let's defer it when we have a full Commission, and maybe you -- or now you -- if you have quorum, I don't know. But my personal vote is going to be against it, because that's the conditions that I ran when I was elected. Commissioner Hardemon: Okay. Commissioner Reyes: No pension. Vice Chair Gort: Okay. Commissioner Reyes: Yes, sir. We need individual votes for that. Vice Chair Gort: We move all three of them? Commissioner Reyes: Okay and -- Commissioner Hardemon: But I move the first reading agenda. Vice Chair Gort: Let's do FR.]. FR.1. Commissioner Hardemon: Move to approve FR. 1. Commissioner Reyes: FR.]? Vice Chair Gort: Is there a second? Commissioner Reyes: Second. Vice Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. City of Miami Page 124 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 FR.2 ORDINANCE First Reading 5435 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-203, TITLED "BENEFITS", TO REFLECT THE CHANGES MADE IN THE CURRENT COLLECTIVE BARGAINING AGREEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Gort, Carollo, Reyes, Hardemon ABSENT: Russell Note for the Record. For additional minutes referencing Item FR.2, please see Item FR.]. Vice Chair Gort: FR.2. Commissioner Hardemon: FR.2, move to approve. Commissioner Reyes: Move it. Commissioner Hardemon: Second it. Commissioner Reyes: Second. Vice Chair Gort: Any further discussion? Being none, all in favor state it by saying aye. The Commission (Collectively): Aye. Commissioner Reyes: Which one? Commissioner Hardemon: FR.2. Vice Chair Gort: 2. Commissioner Carollo: FR.2? Commissioner Reyes: Yes, sir. Later... Victoria Mendez (City Attorney): Commissioner Hardemon? Just briefly, Commissioners, I wanted to make sure for the FIPO (Firefighters and Police Officers) ordinance, the one that we discussed, just note that between first and City of Miami Page 125 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 second reading, Eire is working with us on minor language change. But I said that I would say that on the record for Fire. Commissioner Hardemon: (UNINTELLIGIBLE)? Ms. Mendez: Hmm? For the FIPO, for Fire and Police -- Vice Chair Gort: FIPO. Ms. Mendez: -- between first and second reading. Commissioner Carollo: (UNINTELLIGIBLE). Ms. Mendez: That was FR.2, FR.2. Yeah, it happened, but I just wanted to make sure I placed that on the record, because they asked to say that they wanted to work on something between first and second. Commissioner Hardemon: Okay. Ms. Mendez: Thank you so much. FR.3 ORDINANCE First Reading 5939 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-291, TITLED "DEFINITIONS", AND SECTION 40-296, TITLED "APPLICABLE BENEFITS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Gort, Carollo, Hardemon NAYS: Reyes ABSENT: Russell Note for the Record. For additional minutes referencing Item FR.3, please see Item FR.]. Commissioner Hardemon: FR.3, move it. Vice Chair Gort: FR.2 is a motion -- FR.3 is a motion. Commissioner Hardemon: FR.4 is a motion. Todd B. Hannon (City Clerk): Wait. So for FR.3, the motion dies. Commissioner Hardemon: Well, we're still working through it. City of Miami Page 126 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Mr. Hannon: Okay. So we'll table FR.3. Vice Chair Gort: No. Mr. Hannon: Moving on to -- Commissioner Hardemon: No. We're just -- we're still working through it. So right now, we don't have a motion just yet on the floor. Mr. Hannon: Understood. Commissioner Carollo: FR first reading) -- Vice Chair Gort: 3. Commissioner Reyes: 4. Vice Chair Gort. There's a motion by Commissioner Hardemon. Commissioner Carollo: Second. Vice Chair Gort: There's a second. Any further discussion? Mr. Hannon: Is this for FR.3 or FR.4? Commissioner Hardemon: 3. Vice Chair Gort: FR. 3. Mr. Hannon: FR. 3. Moved by Commissioner Hardemon; second by Commissioner Carollo. Vice Chair Gort: All in favor, state it by saying "aye. " Commissioner Hardemon: Aye. Commissioner Reyes: No. Vice Chair Gort: You're a "nay. " Commissioner Hardemon: Correct. Commissioner Reyes: I'm a "nay." City of Miami Page 127 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 FRA ORDINANCE First Reading 5881 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 35/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor PRIVATE PARKING LOTS; MORE PARTICULARLY BY REPEALING SECTION 35-290 OF THE CITY CODE, TITLED "COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE XIII, DIVISION 4," TO ALLOW THE USE OF CERTAIN PROPERTIES TO SUPPORT PARKING NEEDS WITHIN CERTAIN AREAS OF THE CITY OF MIAMI ON A TEMPORARY BASIS, WITH CERTAIN RESTRICTIONS, UNDER THE TEMPORARY INTERIM PARKING PROGRAM PROVIDED FOR IN SECTION 62-543(4) OF THE CITY CODE; DIRECTING THE CITY ADMINISTRATION TO UPDATE SECTION 62-543 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Gort, Carollo, Reyes, Hardemon ABSENT: Russell Note for the Record. For additional minutes referencing Item FR. 4, please see Item FR.]. Vice Chair Gort: FR. 4. Commissioner Hardemon: I move it. Vice Chair Gort: Been moved Is there a second? Commissioner Carollo: As amended. Commissioner Reyes: As amended. Commissioner Carollo: (INAUDIBLE). Vice Chair Gort: The amendment. Victoria Mendez (City Attorney): For FR. 4 --and we're getting copies. I don't know why the copies are taking so long. But basically, what we've done from the -- what's here before you is the one that extends the program into the future. So the amendment, the amendment that is being proposed by Commissioner Carollo, would be that the program is only -- ends now, as it already has ended -- and allows those that have come into the program since 2014 -- and there's an -- a list attached of the ones that are in the pipeline -- for those to come into the program, and they're extended one year from the effective date. Commissioner Reyes: Do you have a list of those that are in the pipeline? City of Miami Page 128 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Ms. Mendez: Yes. They -- Commissioner Carollo: They're in the ordinance. Ms. Mendez: -- in the ordinance that has -- Commissioner Carollo: What we did, we included what was requested of us, those programs that the City Attorney's Office and the Zoning Director felt that we might have some problems with legally. We're including those and only those, but we're not opening up the Pandora's Box to have a free for -all. Commissioner Reyes: Okay. All right. Understood. Vice Chair Gort: Did you move it? Ms. Mendez: So the amendment is -- the main amendments that you have to note is that it's those that have applied for this program as of December 19, 2018 -- Commissioner Reyes: Oh, here it is. Ms. Mendez: -- and that this also has the -- that they will comply with waterfront standards if they're next to the water, and that is it. It is not allowing any future interim parking under 62-5434 -- Commissioner Reyes: Okay. Ms. Mendez: -- so the program is officially closed -- Commissioner Reyes: Okay. Ms. Mendez: --and it is only extended for these for one year, for the participants as Commissioner Reyes: All right. Ms. Mendez: --posed in Attachment "A." Commissioner Reyes: That is nice. Ms. Mendez: And again, this is curative language due to the fact that the program seemed to be open when it had already closed as of 2014. So this is a good balance in order to address those that are --have been on hold since 2017 in the pipeline. So thank you. The ordinance was read into the record, correct? Mr. Hannon: Correct. Ms. Mendez: Thank you. Vice Chair Gort: Okay. Does the maker of the motion accept the -- Commissioner Hardemon: Yes. Vice Chair Gort: -- amendment? Does the seconder of the motion accept it, also? Commissioner Carollo: Yes. Vice Chair Gort: Okay. City of Miami Page 129 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: For the ordinance as amended. Commissioner Reyes: As amended. Commissioner Carollo: Did you read it all? Right? Ms. Mendez: As amended. Commissioner Carollo: Did you read it? Ms. Mendez: And as will be given to the Clerk, with the attachments of the properties. And again, the main -- the program is closed It is officially closed; doubly so, because it had been closed prior to this, and now we have corrected those in the pipeline, and that is it. Vice Chair Gort: Okay. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. FR.5 ORDINANCE First Reading 6115 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/IN AYES: GENERAL" BY CREATING A NEW SECTION 62-3, TITLED ABSENT: "INDEPENDENT TRAFFIC AND ENVIRONMENTAL STUDIES," TO REQUIRE AN INDEPENDENT TRAFFIC STUDY AND AN INDEPENDENT ENVIRONMENTAL STUDY FOR CERTAIN NEW DEVELOPMENTS; CREATING A POOL OF PROVIDERS TO CONDUCT SAID STUDIES THAT ARE SELECTED ON A COMPETITIVE BASIS; AUTHORIZING THE CITY MANAGER TO SELECT QUALIFIED, INDEPENDENT PROVIDERS TO CONDUCT AN INDEPENDENT TRAFFIC IMPACT STUDY AND AN INDEPENDENT ENVIRONMENTAL IMPACT STUDY FOR NEW REAL ESTATE DEVELOPMENTS; PROVIDING FOR COMPETITIVE PROCESSES; PROVIDING FOR A SELECTION PROCESS; PROVIDING THAT THE COST OF THE TRAFFIC IMPACT STUDY AND ENVIRONMENTAL IMPACT STUDY BE BORNE BY THE APPLICANT REQUIRING SAID STUDY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Gort, Carollo, Reyes, Hardemon ABSENT: Russell Note for the Record. For additional minutes referencing Item FR. 5, please see "Public Comment Period for Regular Item (s) " and Item FR.]. City of Miami Page 130 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Okay. The -- are we going to go to --? Commissioner Hardemon: Commissioner Reyes, we have FR.5. Victoria Mendez (City Attorney): Commissioner Reyes, FR.5 is your traffic and environmental. Commissioner Reyes: Yes. And this comes about and I'm proposing this ordinance because I was -- in my other life, I was a consultant, and I think that in order for consultants to be totally independent, they should be hired by us and paid by the developers, because most of the times, you tend to be favorable to the person that pays you. I have been here long enough to see -- to witness development that are -- they are going to include 600 automobiles in a small neighborhood, and here comes the traffic study that said there is going to be no effect on traffic. Come on, guys. You see, I want -- and we have a good example with developments that have taken place; a case in point, the Marlins, when the Marlins Stadium was -- the economic analysis of the Marlins Stadium reflected that the Marlins Stadium was going to a faster -- a lot of development at that area would become the most developed area in the area, as if devel -- there is a theory of development through sports. If that were the case, the Bronx would be the capital of the world, because it has the biggest stadium. Yankee Stadium is always full. So having seen that and having been myself a consultant, that I wasn't too popular, because I used to call it like I saw it, I'm proposing this ordinance that the City of Miami will -- we will assign or we will hire the consultants, you know; not only the traffic analysis, consultants for economic analysis, and also on resilience, you see. Vice Chair Gort: That's your motion? Commissioner Reyes: Huh? Vice Chair Gort: It's a motion? Commissioner Reyes: It's a motion. Vice Chair Gort: By Commissioner Reyes. Is there a second? Commissioner Hardemon: Second. Vice Chair Gort: Second by Commissioner Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. END OF FIRST READING ORDINANCES City of Miami Page 131 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 BU -BUDGET BU.1 BUDGET DISCUSSION ITEM 4970 MONTHLY REPORT Office of I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Vice Chair Gort: The Budget Director would like to make a few (UNINTELLIGIBLE) statement. Christopher Rose (Director): Good evening, Commissioners. Chris Rose, Office of Management and Budget. The report went out to you last night. It does show a budget surplus, but it is almost entirely offset by the -- dipping into prior year fund balance, and you can read all the details of it in the report that was sent last night. I'll take any questions. Vice Chair Gort: Thank you, sir. Mr. Rose: Thank you. END OF BUDGET City of Miami Page 132 Printed on 09/24/2019 City Commission Meeting Minutes DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 5984 A DISCUSSION REGARDING A PRESENTATION BY THE City Manager's CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES Office CONCERNING THEIR ANNUAL REPORTS: - PARKS AND RECREATION ADVISORY BOARD RESULT: DISCUSSED June 27, 2019 Chair Russell: I would like to hear first from the representative of the Parks Advisory Board; if they can address the dais. Are they here? Elyah Stiers: Yes. Chair Russell: Thank you very much. You'll be our first comment and -- I'm sorry. Mr. Stiers: That works. Good morning. Thank you so much, Mr. Chair, Mr. Mayor, members of the City Commission. I've been asked to come and give a presentation in my role as Chairman of the Parks Advisory Board. Good morning to everyone. Primarily, I've been asked to address whether or not the Parks Advisory Board is functioning in accordance with City Code. I'm here, happy to report that it is. We have -- for 2018, we had six meetings that allowed us to reach quorum, as well as several workshops where we did not meet quorum. Since 2013, I've been an appointee to the Parks Advisory Board for District 2 by Commissioner Russell, as well as under his predecessor. And I'm happy to report, the Parks Advisory Board has had the full support of Parks staff, including current Director Laura de Souza, and LaCleveia Morley, the assistant to the director, who attend every meeting. And since this is a 2018 Annual Report, I'm also happy to report that Director Kevin Kirwin -- prior director, rather -- attended every meeting as well, so we're very thankful for their support, and it's instrumental to the work that we're able to do with the Parks Advisory Board. I will tell you that the board asks for your continual support in enforcing all City ordinances, which is important, because Parks Advisory Board, under the City Code, is to review and advise on capital plans and designs based on the Master Plan, and to advise the Commission on any proposals to expend more than $50,000 to acquire new parkland, to diminish or convert existing parkland, to accept donated land for parks, or to sell City land that may be suitable for parks. So we ask that those -- any of those issues that come before the Commission be directed to the Parks Advisory Board for advice and review. Additionally, the board asks to be provided with any capital improvements reports with regard to Parks projects on a consistent basis, so that we may be kept abreast and aware of all upcoming projects. Additionally, I always say the Parks Advisory Board takes very seriously its role being a liaison to the public. In the event you or your staff have any issues brought to your attention with regards to Parks issues, please send them to the Parks Advisory Board. We're happy to take public comment at every meeting. I'll just briefly cover -- I know you have a very full agenda today -- a number of notable achievements that have come out of the Parks Advisory Board since my appointment in 2013. We were instrumental in passing a resolution to have Styrofoam banned from City parks, which Commissioner Russell took up, and was passed unanimously on first reading by the City Commission in 2017. We also City of Miami Page 133 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 created a Parks Recycling Pilot Program, so you will find recycling bins in Gibson Park, Moore Park, and other parks across City of Miami that came out of the Parks Advisory Board. In 2017, the Parks Department received a grant to expand this program, and we hope that that happens in the near future. We've also, at our Parks Advisory Board, been instrumental in encouraging the discontinuation of neonicotinoid pesticides -- I think I said that correctly -- which are the pesticides that are very damaging to bee colonies, and so we've been encouraging the Parks Department to use natural organic pesticides and fertilizers, and to plant native species whenever possible. We've also overseen improvements to Douglas Park, Regatta Park, and other parks, and we're always happy to have those plans brought before us so that we can provide our advice and recommendations as well. We've also been instrumental and encouraging the Parks Department to implement program partnerships with 501(C)(3)s, which help to fill gaps in services, particularly with regard to planning. And we're always happy to see those public/private partnerships with our Parks Department, and ask that any 501(C)(3)s that are interested in getting involved in helping to program parks activities, come before the Parks Advisory Board so that we can help make that happen. So at this time, the Parks Advisory Board does not recommend that membership requirements be modified, but I am here to tell you that we have several vacancies on the board that we would like your assistance in being filled. Right now there are three vacancies; as well as one member, who has significant health issues, is probably going to be resigning. So right now we have 7 out of 11 appointees, and it's very difficult to make quorum. We need six to make quorum. So right now we've only had three meetings this year out of six months, so we would appreciate your help in that regard. In the event you have any vacancies, please do. I know that there are folks who are looking to serve on this board, and we would like to have those folks approved and appointed to the board. So I'm happy to take any questions that you have. But thank you for your consideration this morning, and let me know if the Parks Advisory Board can do anything to help you all provide better parks services and better parks experiences to your constituents. Chair Russell: Thank you very much. Mr. Clerk, can you make sure to get with each Commissioner and let them know who has outstanding appointments? And then -- we don't need to do that now, but I'd say over the coming weeks, so that we can fill those vacancies, if necessary. And I would really like us to revisit the concept of quorum in our boards. It's very hard to reach quorum if they don't have appointed members. I would recommend a change overall to boards so that quorum is a factor of the appointed members, not the attending mem -- not the total number of seats, because if we haven't appointed them, there's no way that factor could ever be met to reach quorum. And so, a quorum would be more than half of whoever has been appointed, who is able to attend. And then the other thing I'd like to recommend for you and for every board is that any time you all come to a consensus on some recommendation or decision, pass a resolution and send it up to City Commission, so that we hear it, because we don't have time to attend your meetings, but we have you in place so that we have your advice. Rather than just making recommendations to the Administration, we'd love to solidify those decisions potentially in legislation or take them up here. I would like you -- to give you charge going forward as a Parks Advisory Board to look at some of the new trends in parks and how things are going for us as a city. We've been expending a lot of our park impact fees to purchase new small properties to make pocket parks in the neighborhoods, and this is a new concept that we've been having to adjust our Code to make up for, so we'd welcome your recommendations on that. We're taking up the concept of linear parks, which is new for us as well, and they have different needs, and we may need to change the Code to address that. And the big one -- and I hate to even mention it now, because I don't want to start a discussion on it -- but obviously, with the Melreese situation, if the lease comes through, and we get a certain number of acres of park that need to be made up from a certain number -- acres of development that happen on that site, City of Miami Page 134 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 we would welcome recommendation from your board, as well, on how to do that, because we have the Administration working on this. We, in our own districts, have our own ideas of where parks are needed and what ways to do this, but we'd welcome your involvement as well, so that we get this right for the community and for the City. Does anyone else have any questions for -- Commissioner Reyes: Yes. Chair Russell: -- our Parks Advisory Board? Commissioner Reyes: Are you -- Gort? Chair Russell: Commissioner Gort, then Commissioner Reyes. Vice Chair Gort: Your meetings are public meetings, right? Mr. Stiers: Yes, they are. They're held right here. Vice Chair Gort: Right here. Mr. Stiers: Public broadcast as well, yes. Vice Chair Gort: Because I got new parks that are coming up within my district, but I want to make sure I get the input from the community to see if they agree with the plans that we have. Mr. Stiers: Absolutely. Vice Chair Gort: Okay. Mr. Stiers: Please send it our way; we're happy to add it to the agenda. Thank you. Vice Chair Gort: Thank you. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. How many members do you have in that committee? Mr. Stiers: Right now, how many members do we have? Commissioner Reyes: That's right. Mr. Stiers: There are currently 7 out of 11 members appointed. Commissioner Reyes: There are 11 members appointed? Mr. Stiers: There are 11 possible members. Right now there are seven appointed members. Commissioner Reyes: Well, the -- I mean, the composition is 11 people that -- Mr. Stiers: That is correct. Commissioner Reyes: -- compose that? So in order for you to have quorum, you need six? Mr. Stiers: That is correct. City of Miami Page 135 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: You see, that's a big -- that's a problem when we form all these committees that -- I mean, we want 13, 14 people, and then it is very difficult to get -- Chair Russell: The other solution would be smaller member size. Commissioner Reyes: Absolutely. Chair Russell: That's one solution. And the other solution will be my recommendation of just making quorum a factor of those that have been appointed. Commissioner Reyes: And also, your recommendation about Melreese; remember that it have to be contiguous. Chair Russell: Of course. Commissioner Reyes: Okay. Chair Russell: We'll keep talking. Discussion continues. Thank you very much -- Mr. Stiers: Thank you very much. Chair Russell: --for your service -- Mr. Stiers: Appreciate it. Chair Russell: -- and thank you to your board. D1.2 DISCUSSION ITEM 5732 A DISCUSSION ITEM TO BE HEARD BY THE MIAMI CITY Department of Real COMMISSION, WITH ATTACHMENT(S), REVIEWING THE Estate and Asset PROPOSER'S UNSOLICITED PROPOSAL, FOR A PUBLIC - Management PRIVATE PARTNERSHIP, TO REFURBISH THE PROPERTY; MAKE CAPITAL IMPROVEMENTS THERETO; AND, SEEK THE MIAMI CITY COMMISSION'S APPROVAL TO ISSUE A REQUEST FOR PROPOSALS, IN ACCORDANCE WITH SECTION 18-119, CODE OF THE CITY OF MIAMI. MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. DL2 was deferred to the July 11, 2019, Regular Commission Meeting. For additional minutes referencing Item DL2, please see "Public Comment Period for Regular Item(s). " Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 136 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: You got it. Commissioner Hardemon: You got to keep moving. Vice Chair Gort: Let's go to the next item. They've been waiting here for a while. That's what it take when you get two attorneys together. Let's go on to the next item. They've been waiting here for a while. Commissioner Hardemon: All right. So -- Chair Russell: Are we still in session? Vice Chair Gort: Excuse me. Chair Russell: Commission -- Vice Chairman, I have to go, so I just want to announce -- Vice Chairman, I -- Vice Chair Gort: Yes, sir. You're recognized. Chair Russell: Thank you. I apologize. I'm not one to duck out. I don't like leaving any unfinished business, but I physically cannot stay. I would -- the only other item of interest I'd really like to at least get an action on is DI.2. It would be my preference to either defer that item -- this is the Olympia proposal -- or reject it. If it's going to be discussion, I would just prefer a deferral. And I'm out. If you guys are up to take it up, I -- Commissioner Hardemon: I move to defer. Vice Chair Gort: It's moved to defer. Is there a second? Second? Any second? Commissioner Carollo: Second. Commissioner Reyes: I'll second. Vice Chair Gort: Okay. It's been second. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Reyes: Let me -- Mr. Chair -- Chair Russell: And for the record, I apologize. Todd B. Hannon (City Clerk): And for the record, that'll be deferred to July 11. Commissioner Reyes: -- Mr. Chair, and, I mean, if our colleagues, they don't -- I mean, they don't have anything against -- Vice Chair Gort: Hope you feel better. Commissioner Reyes: -- the Chair is feeling real sick, you see. We should let him go or defer everything for the next meeting, because he's feeling bad; although sometimes I want to kill him, but, you know -- you see. Vice Chair Gort: We have people that have been sitting here all day long, and I think we should listen -- City of Miami Page 137 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Okay. Vice Chair Gort: Okay. Let's— Commissioner Reyes: Let's get over those things. D1.3 DISCUSSION ITEM 6099 A DISCUSSION ITEM REGARDING THE OFFICE OF CAPITAL Commissioners IMPROVEMENTS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. D1.3 was deferred to the September 12, 2019, Regular Commission Meeting. Todd B. Hannon (City Clerk): And then, Chair, if I could just get a motion to defer D1.3 and 4 to July 117 Commissioner Hardemon: We did the motion to -- 3 and 4, to defer it, yeah. We did it on the record. Commissioner -- Mr. Hannon: No. You interrupted; then we went to S and 6. Commissioner Reyes: 4 is going to be -- Mr. Hannon: Never voted. Commissioner Hardemon: I move on it, then. Commissioner Reyes: (UNINTELLIGIBLE) and 47 Mr. Hannon: DL 3 and 4 to July 11. Commissioner Reyes: To July -- no, it's going to be in September, right? September 12. Mr. Hannon: Oh. You want DI -- Commissioner Reyes: That is -- yes. I want everybody here, including the Manager. Mr. Hannon: Okay. So DL3 to September 12. I got it. Michael Marrero: Commissioner, I just want to say thank you for hearing us this late hour. We really appreciate it. Commissioner Hardemon: My pleasure. And Commissioners, thank you. Thank you for staying back this long time. Vice Chair Gort: Motion to adjourn. City of Miami Page 138 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: So, yes, I move. Commissioner Reyes: Second. DIA DISCUSSION ITEM 6027 A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY Commissioners PROCLAMATIONS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. DI.4 was deferred to the July 11, 2019, Regular Commission Meeting. For minutes referencing Item DI. 4, please see Item DI. 3. END OF DISCUSSION ITEMS City of Miami Page 139 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 PLANNING AND ZONING ORDER OF THE DAY Chair Russell: There's a lot of us here. It's -- we are at full capacity in the building. Fortunately, nobody's stuck outside, but as you get your business done, please leave the chamber so more people can come in, whether it's -- they want to speak or deal with an issue or an item. We still have a few items left from the morning's agenda to take care of. What I'm going to do is open the Planning and Zoning agenda, the Attorney's going to read the rules, then the Clerk is going to swear in anybody who would like to speak on the Planning and Zoning agenda. You'll get sworn in by the Clerk, and then we'll take up some issues; we'll do some business. All right. Madam City Attorney. Victoria Mendez (City Attorney): PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any communications, pursuant to Florida Statute Section 286.0115 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 approval, the applicant will present its application or request to the City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant will [sic] waive the right to evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the Miami 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 recommendations they may have. All persons testing 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, 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. Thankyou. Chair Russell: Thank you very much. Mr. Clerk. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's planning and zoning items -- any of today's planning and zoning items -- may I please have you stand and 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. Mr. Hannon: Thank you, Chair. City of Miami Page 140 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Thank you very much. I'd like to take up the order of the afternoon, please, Mr. Director. Sorry; I didn't know you were out ofplace. Pardon me. Francisco Garcia: Thank you, Mr. Chair. Francisco Garcia, Director of Planning. There are a few items on the Planning & Zoning agenda that are being requested to be continued. I'd like to read those into the record for your consideration. They are as follows: Items PZ.7 and 8, as advertised, are being requested to be continued to July 25; Item PZ.9 is being, at present, requested to be continued to July 25 as well; and Item PZ. 14, I've also received a request that it be continued to July 25. Those are the ones that I have. There may be others, and there may be representatives for those sites that are here to request those continuances. Chair Russell: Thank you very much. Are there any Commissioners who have any items they'd like to see --? You have a Commissioner -- a question for the Director? Commissioner Carollo: Well, I have a recommendation to the City Manager, if it could be sent to him, wherever he's at. For the month of July, we might want to consider in having three meetings, because they're going to be pretty full before we break in August. And at the same time, if we're putting additional stuff in -- I don't know these Planning & Zoning items, how long they might take, but usually, when they're deferred, they're items that we're going to take quite a bit of time on them. So I would suggest that so that we could do the people's work in a intelligent, logical way, that we look at the possibility if there's going to be too much on the agenda, so we'll have three meetings. This way, we don't -- Commissioner Hardemon: Are you saying for this day, or are you saying for the next --? Commissioner Carollo: I'm saying for July. It looks like we're going to have pretty heavy agendas, like we usually do. So if -- what I'm saying is -- Look, I don't want to rush through items that are of importance; that we're here until midnight or 1 in the morning; we're all tired and making decisions that we shouldn't be making, being tired and so late at night. If that's what's going to be placed on the agenda, I'm suggesting we go to three meetings, because August, we go on vacation; and unless there's a strong Mayor on the ballot, which I think, after the last go round, you ain't going to see another one, we're not coming backforAugust. Commissioner Hardemon: I don't think that it's necessary, Mr. Chairman. I don't think that it takes a tremendous -- the biggest part in getting through our business that's unlike Miami -Dade County, that's unlike the State of Florida, that's unlike many other cities, is that we allow public comment at every single hearing that we have. Right? In the County, they do it at subcommittees. They have some at a regular meeting, but the majority are held at a subcommittee. Not only do we allow the public comment during every meeting that we have, we allow people to come and make public comment every time an item comes up. And so, that -- Commissioner Carollo: We do. That's not in question. But -- Commissioner Hardemon: -- and so my -- but my point there is that that takes up a tremendous amount of time, because hours are being held hearing. We spend significantly less time actually doing the business. So I think that we get the business done rather expeditiously. And so, I think that -- and I think -- and there's also -- we have some sort of governing ordinances or so that determine how much can go on an agenda, so when we hit that number, we're told as well, "You can't have any more items on the agenda. " So it seems like a lot. Like today, it seems like a lot, but it's really not a lot. It's really not a lot. City of Miami Page 141 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Commissioner, as you know, it all depends on how much we're going to discuss, that we're going to ask questions, and what information we get on individual items. All that I'm saying is, I don't know everything that is going to be coming in July. I'm not privy to the information the Administration has. Commissioner Hardemon: Right. Commissioner Carollo: All that I'm saying is that if it looks like we're not going to have enough time to deal with items on the agenda, where we could finish in a dignified time, then -- Chair Russell: Consider a third meeting? Commissioner Carollo: -- yeah, consider a third meeting. Chair Russell: Let's -- so let's table that for now; let the management look at the upcoming agendas. Commissioner Hardemon, I do recognize and value what you're saying. It's always within the discretion of the Chair with regard to public comment, as long as it meets the legal standard. I tend to err on the side of public comment. Commissioner Hardemon: We all do. Commissioner Carollo: And I don't mind that. Commissioner Hardemon: We go above and beyond for public comment. Chair Russell: It's true. It's true. Commissioner Hardemon: Yeah. Chair Russell: And I'm open to discussing that, but I think it would be a marked change from the current path, so let me consider that for the future, but I don't want to switch horses today, especially with as much of our residents who have taken the time to come out today to speak to us. We only really have to work by the Code a couple days a month; and our main job, above anything beyond legislating, is listening to our bosses, which is the residents. So it does make things longer, and that's why I do ask that when the public is speaking, we try not to engage in a roundtable discussion with them, even though it's tempting; that we as Commissioners take notes, and then address the Administration after public comment as a whole to those items. In that way, we hear everybody. Everybody gets their fair chance and moment, and then we get to our business. But some of these items, especially the ones that are either deferred or gone on for a long time, they build more momentum rather than fatigue, and more people show up at each meeting that care very passionately about the item. And so, I certainly don't want to silence or muzzle anybody who has a new opinion we may not have heard or may be new to the discussion. So for today, we will be allowing public comment, as I have been doing, and I'm open to discussing or talking about future changes to our methods. But -- so let's get back to the order of the day. Do any Commiss -- do you have other items, Francisco? Mr. Garcia: No; only a modification to one that I've already read into the record. I had a sidebar with the applicant. And for Items PZ. 7 and PZ.8 -- Chair Russell: Indefinite. Mr. Garcia: -- their request is that they be continued to October 20 -- sorry; the October Planning & Zoning agenda. City of Miami Page 142 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: I'll be requesting indefinite. It can always be brought back earlier. Unidentified Speaker: No -- Commissioner Carollo: That's 7 and 8? Mr. Garcia: Yes, sir. Unidentified Speaker: On behalf of the applicant, no objection. Chair Russell: Thank you, sir. So that's PZ. 7 and PZ.8. "Indefinite deferral" means six months or earlier, if requested by -- ready -- if this board is ready to hear it. Mr. Garcia: That is correct. And just to clarify, if ready earlier, they will be duly notified. Chair Russell: And they'll let its know, too, and we'll let them know. All right. Do the -- does -- Commissioner Hardemon: I have a question. Chair Russell: -- do any of the Commissioners have items to --? I'm sorry. Commissioner Hardemon: Are you -- is there -- the best way to put it is that, is there some unreadiness regarding PZ. 10, 11 and 12 for this body? Mr. Garcia: At present, sir, we're trying to finalize a few remaining details. We hope to be able to accomplish that today. Commissioner Hardemon: And the reason I'm asking is because we want to make sure that at least everyone has an opportunity on the dais, especially, to understand, you know, what proposed changes, or whatever it may be, that we're all discussing that we have an understanding of that. I think -- and the reason I'm asking that is because if you need time, then there probably should be a continuance, because that's what you need, time, and continuances give us that. Now, if -- and it also -- it affects the public comment as well, because if there's a continuance that's needed for those items, then I would propose that we don't hear public comment on those items at this meeting and continue with the rest of the agenda, and then we hear those public comments when that item is going to be voted on, which is at the next meeting. Mr. Garcia: So at present, what I'd like to offer is that we are working in good faith with the applicants. There are, admittedly, a couple of details left to be worked out. We're very close to ironing them out. The rest, I'll defer to you on, but I'm fairly certain that the applicant would like to be heard on it as well. Commissioner Hardemon: We shall see. But I'm -- you know, the -- what I anticipate is -- I mean, I would imagine that whatever changes that you're making, you're making them to the benefit -- the greater benefit of the City of Miami and its residents. Mr. Garcia: Without question. Commissioner Hardemon: So you will be strengthening the deal. So if the deal is, in fact, strengthened at administrative level and then on this dais, then that's all well and wonderful, but many times there's a difference in opinion about what is better and what is not, so we shall see. City of Miami Page 143 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Mr. Director, on that same note, is there anything with regard to those items just referred that makes them legally insufficient to be dealt with by this board today or by the Code, or is it more about negotiating in good faith for the betterment of the City? Mr. Garcia: I think the latter is the case for all three of the items. Chair Russell: Okay. So there is no reason we need to defer or stop in order to work something out. It's something that you, on behalf of the City, would (UNINTELLIGIBLE)? Mr. Garcia: That is correct. Chair Russell: Okay. Are you seeking that additional time? Because I -- Mr. Garcia: I'm sorry. As pertains to the three items mentioned by Commissioner Hardemon, no. At present, again, all I have to offer is we're working in good faith, and we hope to be able to resolve things today. That's my side of the equation. From that point forward, of course I defer to the City Commission, and it is within your prerogative to continue the item. Chair Russell: So we may be expecting some amendments on the floor; is that what - Mr. Garcia: Yes, that is correct. Commissioner Hardemon: That's what it sounds like, and that's why -- Mr. Garcia: That is correct. Commissioner Hardemon: -- I was just wondering, because -- Commissioner Carollo: Well -- Commissioner Hardemon: -- you know, if people want more time to discuss those amendments -- I don't know what the amendments are going to be. It just depends, but that's why I asked the question, does it make it stronger? Is it necessarily -- is it to the benefit of the City of Miami? I mean, all those things make sense, and those are things that we can handle. Commissioner Carollo: -- to me -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- it's just concerning that in a project of this magnitude that you still have to be negotiating at this point in time. Commissioner Hardemon: Well, you know -- Commissioner Carollo: It doesn't give me a -- you know -- warm and fuzzy feeling. Commissioner Hardemon: -- I --for me, I think that, you know, you keep negotiating until you can't anymore, you know. So the -- if we can improve -- like, for instance, the community was involved with this; they did it as far as they could; and then, you know, as district Commissioner, I had input; I go as far as I can; and then, many times we come to this board, and this board goes as far as it can. So I think there City of Miami Page 144 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 are layers to how we go about bringing a benefit to the City of Miami, and I've always welcomed it. Commissioner Carollo: Commissioner -- Chair Russell: Commissioner Carollo. Commissioner Carollo: -- the door is open, but we need to be more open, so I wouldn't use the word "transparent"; that most of the time that it's used is when people try to be not transparent. I would rather use the word "open to the public, " so that at least, before they come here, they could see what the final proposal is, and that's all that I'm saying. Chair Russell: Well -- Commissioner Carollo: It might be something simple; I don't know, but when I see the Planning Director, that he's still negotiating on something this big -- This is not a little project. Commissioner Hardemon: Right. Commissioner Carollo: This is a huge project; certainly the biggest that I've dealt with since I've been back, and I will tell you that it's probably one of the biggest in the last 40 years in the City's history. So that's all that I'm saying. Commissioner Hardemon: Mr. Chair? Chair Russell: And if I could make a -- not a recommendation, but almost a prediction. Francisco has the tools to know what is best for the City, but he doesn't have the leverage to extract it or work it out. Commissioner Hardemon: And that's part -- and that's -- Chair Russell: That leverage -- Chair Russell: -- what I'm talking about. Chair Russell: -- only happens in this moment up here, sometimes. Commissioner Hardemon: Right, right. Chair Russell: Sometimes. Commissioner Hardemon: Right. Chair Russell: And so, he may come back two weeks or a month later, and we may, for the benefit of the community and us, know more about the proposal, but I doubt that he will come back having sealed the deal. No offense, Mr. Director. Mr. Garcia: None taken. Chair Russell: But it really has to do with the votes up here and the will of the district Commissioner and so many other factors, including the public. So I understand, though, that there may be ideas presented here that the public and/or this body may not have been familiar with up to now that may improve the project; and your suggestion, it sounds like maybe to get a better briefing of Commissioners and the public on that before we actually bring it to the floor. City of Miami Page 145 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: I -- all I'm doing is, I want to -- I wanted to get his feedback, because I thought his feedback was important on whether or not I should ask for a continuance or not. And so, hearing what he said -- I'm going to allow him to finish and go back to whatever he's doing, and then, as we move through the process, if we -- if it's necessary, then it's necessary, but if it's not, then it's not. Chair Russell: I understand. We do have a little time, because as I said, we have some of the morning's agenda items to go, so we'll table it for now. I don't -- doesn't sound like there's a will for any action on this item at this moment. Mr. Garcia: Thank you. Chair Russell: But thank you, Mr. Director, and thank you for fighting for the City. Mr. Garcia: Thank you. My pleasure. Chair Russell: All right. Are there other items from the Commissioners that they would like to see deferred, withdrawn, continued, or substituted? Commissioner Carollo: From the PZ -- Chair Russell: From the PZ agenda. Commissioner Carollo: -- agenda? Chair Russell: Yes. While you all are looking at that, I will be requesting a continuance of PZ. 13. That's the Babylon item. I will be requesting a deferral of PZ.19. That's an appeal of a HEPB (Historic and Environmental Preservation) Board decision in my district, in Morningside; 13, a continuance; and 19, the same. 19 is an appeal of a Historic Preservation Board decision. The Preservation Board offered something; it's been appealed by other neighbors; and so, the resident is here to present his side of that appeal. But knowing where we're going today with the pack of this agenda, I've spoken with their representation, and they're happy to push that one to another meeting, when we have more time. Melissa Tapanes-Llahues: Mr. Chair, if-[ may be recognized? Chair Russell: Yes. Ms. Tapanes-Llahues: Good afternoon, Commission. My name is Melissa Tapanes. I'm representing Babylon International. Chair Russell: Can you just wait, though, until we get the full list of all the deferral items, and then I'll address that, though? Thank you. I know exactly where you're going, so I don't mean to cut you off- I apologize, but let's just get all the list on -- from everybody. Anything you'd like to get deferred or continued or withdrawn? Okay. And my other request was changing PZ. 7 and 8 to indefinite versus the July -- Mr. Garcia: Noted. Chair Russell: Thank you. Any -- Commissioner Hardemon, Commissioner Gort, all good? All right. Yes. Ms. Tapanes-Llahues: Good afternoon. I represent Babylon International. The saga of the Babylon has been unfolding before the City Commission since 2014. We understand that there's been a concern raised regarding successional zoning. This City of Miami Page 146 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 issue has been fully vetted, both internally by the City Administration, as well as at sworn -to testimony at public hearing since that time. The City Commission has relied on the Planning Department's and City Attorney's position that successional zoning does not apply to corrective actions from 2014 to -- as recent as last year. On May 1, the Planning, Zoning & Appeals Board considered and studied the application as a whole, including both sides of the argument of successional zoning, and determined that successional zoning does not apply to corrective actions. This application is exactly the same application that the City joined as co -applicant in 2015, and is the same application that the current City Attorney's Ojflce reviewed and approved for legal sufficiency in 2016. We believe that this application is properly before you, and have submitted a memorandum of law supporting our position. We acknowledge that there are arguments on the other side. Although we are confident that our arguments are stronger, in an abundance of caution, because there are -- the objectors have lawyered up, we also have dozens of supporters here who have taken time out of their afternoon to be heard. This application was deferred at Planning Board. We ask that you hear and approve our application at first reading today. If there is a need to defer for the second reading in order to address whatever Code issues are raised, we can schedule second reading, along with that Code amendment legislation. Babylon has overcome five years of obstacles and hurdles at every step of the way to have the opportunity to be heard before this Commission. We respectfully request that you, Mr. Chair, reconsider your request for a deferral and allow our item to be heard today. Thank you. Chair Russell: Thank you very much, Ms. Tapanes. Mr. City Attorney, there was a mention that this is a corrective action. Is this an application for an up -zoning or is this a corrective action? Barnaby Min (Deputy City Attorney): My understanding -- I'll defer to the -- to Mr. Garcia -- is that it is an application for rezoning. I believe the basis of Ms. Tapanes' application for rezoning is to correct what they believe is a map error. Chair Russell: But an applicant can go one of two ways when they see the issue. They can try to get corrective action if they think there's an error, or they can seek an up -zoning through the traditional path. I believe they're doing the latter. And if that's the case, they can't use the argument for the former, if their appeal -- applying through the latter; am I correct? Mr. Garcia: That particular part of the question, I think, is back to the City Attorneys Office. Mr. Min: So again, my understanding is they're applying for rezoning. As Ms. Tapanes has stated the concern that our office has expressed is this rezoning application does not comply with 7.1.2.8, Subsection `A" of Miami 21, which requires all rezoning to be successional. Chair Russell: Thank you. Mr. Garcia: And then, for the sake of clarify, what I will add to that comment is that it is our opinion, as captioned in the reports that you have as backup to this item, that the zoning designation sought, T648-0, is not corrective action. That would, in fact, be a rezoning. Our recommendation to you, briefly put, is that T6-12-0 would be corrective action. So the latter would be corrective; the former is not, in our opinion. Chair Russell: Understood. It's asking for more than what the correction would have taken them to. The Planning, Zoning & Appeals Board offered T6-24-8. Is that even legally sufficient in this part of the City? City of Miami Page 147 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: We do not believe so. Chair Russell: So that was in -- Commissioner Hardemon: Can I --? Chair Russell: Go ahead. Commissioner Hardemon: I'm sorry to interrupt, because I know -- it seems like we're going a lot into the substance (UNINTELLIGIBLE). Chair Russell: The substance, right. Ms. Tapanes-Llahues: Correct. Chair Russell: And I apologize. Commissioner Hardemon: And the thing about it is, if we're going to go through the substance of it, then I want to hear it. Chair Russell: Okay. Commissioner Hardemon: Right? So -- Chair Russell: And well -- and the reason I'm pointing to that is there's a lot of uncertainty that I heard in my briefing from the City Attorneys Office, whether -- with regard to whether this is ready for this agenda, for prime time. And if I'm not mistaken , it's on this agenda without the certification of the City Attorney's Office as being true to form and correctness; am I correct? Ms. Mendez: Correct, but we would have to obviously change some language, depending on how the Commission wants to proceed. We would have to put waivers on the successional zoning. We would have to change all that language for it to comply. Chair Russell: Yeah. No. I would rather --and I think this behooves the applicant as well, because if you try to move forward today, you'll be getting pressure for a complete denial, staying at T6-8. And I think, if you listen to the City Attorney and what I'm requesting, it'll buy some time for them to make -- if there's corrective action, if there's recommendations, a better briefing with Commission, so that what's on our agenda is something that we can deal with. This is something that I have been dealing with since -- before I got into office, recognizing the issues these residents have had. It's very important that we get this right. This is the first domino in a neighborhood of potential up -zonings, and so, I want to make sure we get it right. If it's splitting the baby, if it's a denial, or if it's an approval, whatever it is, I want to get it right. For me, I'm asking for a deferral. And -- Ms. Tapanes-Llahues: The Planning Director's position that he stated before you is not in the staff report. It is contrary to his January 6, 2016 public testimony. It is against the City Attorney's public testimony from January 6, 2016. There have been no facts that have changed from that time to the present. This is simply political pressure, and we ask for our opportunity to be heard. This is not about successional zoning, and with the opportunity to be heard, we'll be able to explain exactly why. We're here properly before you. Our client has been deprived both procedural and substantive due process for over four years. We ask for this application to be heard. This -- City of Miami Page 148 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Re -- please. Ms. Tapanes, are you -- the Administration is not a political body. This is apolitical body. We are at sway for votes, et cetera, but the Director of the department is there to serve the Code and the City. Are you implying that he withheld or changed his mind, or is actually trying to alter an earlier position? Mr. Garcia: I will speak to that, if you don't mind, sir. I'd like to speak to that point. Chair Russell: Let me just -- I just want to get clarification on the accusation before the rhetoric. Ms. Tapanes-Llahues: It's not an accusation. It's clear on the public record. There is an about-face to public hearing testimony; a co -application that was filed in 2014. This would -- this position is an about-face to public testimony within -- at the January 6, 2016 public hearing by both the Planning Director, as well as the City Attorneys Office. We have no idea where this is coming up. It is political. Chair Russell: You believe it's political? Ms. Tapanes-Llahues: We believe it's political. Chair Russell: Understood. Ms. Tapanes-Llahues: We have reasons to believe that, and we're happy to present our arguments as to that issue -- Chair Russell: And I apologize for getting into -- Ms. Tapanes-Llahues: -- at public hearing. Chair Russell: -- any of the substance myself. I really would not like us to, if we can avoid it this point. If we're going to take it up, we'll take it up at the -- when it comes, but I would prefer it be deferred. Mr. Director, you have a response to the political comment. Mr. Garcia: I think the most appropriate thing to do at present is to simply refute categorically everything that has been put forth, when the time is appropriate, whether today or at a subsequent time. And incidentally, this is a conversation that I have personally had with Ms. Tapanes, so she has every reason to believe that the contrary to what she has stated is the case. I'm happy to substantiate that. That said, if it is the wish of this Commission to hear the item today, I will put forth evidence that will prove to the contrary. If it is the Commission's preference to continue it, that too is fine. Chair Russell: I -- based on everything we've heard today, I'd like to continue it. If -- we'll see, as the motion comes on this list of items, if the motion holds that, but that would be my preference, simply because of what uncertainty we have here. There's a lot to understand in this. Commissioner Reyes: And Mr. Chair? Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Madam City Attorney, in your opinion, is this a change of -- it is -- the application will correct some zoning that -- and some errors -- zoning error, or this is a request for up -zoning? City of Miami Page 149 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Mendez: It -- Commissioner Reyes: I mean, one of the two. It cannot be both. Ms. Mendez: Right. So if the item -- Commissioner Reyes: One of the two. Ms. Mendez: -- is placed at the T6-12-0, then it will be a corrective. If it is going for much higher, then it will be up to the Commission to decide if they want to up - zone. So the decision here by the Planning Department has been that if this is going to be rezoned to anything, it will -- it should be T6-12-0, which gives about 20 stories. Chair Russell: Now, we had a not -so -dissimilar case on another zoning issue, where there was an incompatibility between the land use and the zoning. The original assumption was, well, of course, we just up -zone it to match the use, but it doesn't necessarily mean that. If there isn't a mistake and the two aren't compatible, the corrective action could also be to reduce the zoning to match the -- reduce the use to match the zoning. So -- Ms. Tapanes-Llahues: That is not the case here. Chair Russell: I understand. Ms. Tapanes-Llahues: The case here is that an incorrect map was perpetrated upon the City Commission at the time Miami 21 was adopted in 2009. I'll submit into the record Mr. Garcia's staff recommendation, stating that T6-48 zoning is, in fact, a corrective action. This matter has again been before this Planning and Zoning Board back in 2016, and we've discussed it ad nauseam to the present time. Chair Russell: Thank you very much. So we do have -- I don't think there's any more to discuss. I see -- I hear where we are on this. I would like to continue the item, and so, I'll just ask if there's a motion to -- Commissioner Hardemon: Until when? Commissioner Reyes: Until when? Because I would like to hear it. Chair Russell: Continue this to the next like meeting, so a date needs to be set. Commissioner Reyes: I mean -- I think one problem that we have here -- I'm sorry, but since being -- I was elected, I hear "Babylon, Babylon, " and pretty soon we're going to see King Nebuchadnezzar come here, because it is "Babylon, Babylon" since the first day I got here. I think that we owe it to the -- those that are in favor, those are against, that they come here every time, every time. Come on, what are we going to -- until when are we going to keep on delaying this thing? Let's -- Chair Russell: Until we get it right. He's asking for a continuance to the next like meeting. Commissioner Reyes: Sir, please, don't cut me off again. Okay? Chair Russell: I thought you were finished. City of Miami Page 150 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Don't do it, okay? Now, I really want to know if it is -- what do you want to do? You want to -- you are risking the vote that could be -- that it -- probably, it is not the -- you're not going to obtain the zoning type that you want and --because we will be able to vote. But I want to know what you rather do. I mean -- Ms. Tapanes-Llahues: We would like to be heard. Commissioner Reyes: You would like to be heard. Ms. Tapanes-Llahues: We believe dozens of people are here before us. They've come to hear the story of the Babylon, and we would like to tell the story. Commissioner Reyes: Babylon, you see. Ms. Tapanes-Llahues: Yes. Commissioner Reyes: Babylonians around here. Okay? Okay. I would like to hear it. I don't know. Vice Chair Gort: Mr. Chairman? Chair Russell: Commissioner Gort. Vice Chair Gort: I've been here for a few years now, back and forth, and a lot of "It's going to do this. It's going to do that. " I think we should hear it from both, from the proponents that are here so they can tell what the problem is, and we can hear from them and try to fix what the problem is. Commissioner Reyes: That's right. Absolutely. Chair Russell: Okay. But what we're having is a "he said/she said" of the actual facts, and that -- Vice Chair Gort: Let's get it on the record. (UNINTELLIGIBLE) -- Edward Martos: Through the Chair? Vice Chair Gort: -- let's get it on the record. Mr. Martos: If I may? Chair Russell: Yes, please. Mr. Martos: Edward Martos, offices at 2525 Ponce de Leon Boulevard. I'm here on behalf of the immediate abutting owner, and I'm putting myself on the record now to let you know that we do intend to ask for intervenor status, and if you -- you've all had that experience before. It's a long, drawn-out process. We can expect -- and you can expect that my first request as an intervenor is going to ask for a deferral, because we need an opportunity to prepare. We need that time. As a courtesy in court, and in this chambers, whenever there's a party -- and an intervener is a party -- you routinely grant at least one deferral. And so, if granted intervenor status -- and I think we're entitled to it as the immediate abutting owners -- we would be asking for that deferral. Chair Russell: Thank you very much. Commissioner Carollo: I'm sorry. Mr. Chairman? City of Miami Page 151 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Commissioner Carollo. Commissioner Carollo: And when did you first ask for that? Mr. Martos: I'm sorry; say again. Commissioner Carollo: When did you first ask to be an intervenor? Mr. Martos: My first ask to be an intervenor is -- Commissioner Carollo: When did you first ask for --? Mr. Martos: I will be asking for it today in front of this board; my first chance. Commissioner Carollo: So you will be asking for -- Ms. Tapanes-Llahues: Mr. Martos spoken at public hearing -- Chair Russell: Please, we have to be recog -- please. Ms. Tapanes-Llahues: -- at the Planning, Zoning & Appeals Board. Chair Russell: Let's keep order, just everybody, including us up here; just through the Chair, so we can go one at a time and keep order, and we'll get the day done as quickly as possible. Commissioner Carollo. Commissioner Carollo: No, no. I'm just amazed. Commissioner Reyes: Mr. Chair? Commissioner Carollo: How many people here remember the movie "Scarface"? Well, this is -- this Babylon property, that's part of the history of Tony Montana, the real one from Scarface. So it doesn't surprise me that this has been going on and on and on like this. Mr. Martos: Right. Commissioner Reyes: Its such a mess. Chair Russell: This is not a request for continuance, because it don't feel like dealing with it or just want to kick the can. There is unreadiness, even from our own City Attorney's Office, who would not even sign off on this item being on our agenda. It shouldn't be here for today, so I'm asking for this month. And there's another tradition we've had; that if a Commissioner is not ready to hear it that we do defer, that we give that courtesy, we give that moment. That's what I'm asking for, a courtesy so that -- Commissioner Carollo: Well -- Chair Russell: -- the Administration can meet with each of the Commissioners, with the applicants, with the residents. As the elected official of this area, I hear from these residents most closely; I'm very familiar with this project. And it's not that I just don't like it, or I have a problem with it. There are issues that need to be resolved before we take it up here, and there are issues of law, there are issues of zoning and interpretation, not just about "he said/she said. " And so, that's why I'm requesting a deferral. City of Miami Page 152 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: If I -- Chair, if I may ask Commissioner Gort, since he's been around longer than I presently have, since I've been back. You mentioned that you have been hearing on this item for several years now. I know that at least on -- once or twice since I've been here, we dealt with it. Has this been something that's been coming around for some time now? Vice Chair Gort: Like Mr. Chairman stated, they hear, say that, they hear. So I think it should be here so we could put it on the record. I mean, we keep hearing all kinds of issues on this item, but I want to make sure we get it on the record. Commissioner Carollo: Has there been deferments --? Vice Chair Gort: I mean, the attorneys -- I heard different opinions from the attorney and from the Planning; I'd like to get that in the record. Chair Russell: Right. And at which point, there could be a deferral at that point. Commissioner Carollo: Yeah, but that's correct. Francisco -- Mr. Martos: Through the Chair. Commissioner Carollo: -- what deferments have we had at different phases of this whole Babylon ordeal? Mr. Garcia: There -- I have colleagues here who can attest to the number of deferments there have been. What I am here to tell you is that as pertains to this particular application brought forth by this particular applicant, there has been no continuances of the Planning, Zoning & Appeals Board that I'm aware of. Ms. Tapanes-Llahues: There was. Mr. Garcia: There was one? Ms. Tapanes-Llahues: There was. Mr. Garcia: For this particular--? Ms. Tapanes-Llahues: For this item, yes. Mr. Garcia: All right. Then the record -- Ms. Tapanes-Llahues: Because every time they notice it, they tear down the signs, so we have to keep re -noticing it. Mr. Garcia: Sorry; I apologize. The record will reflect that. To be honest with you, it has moved forward in due diligence. There may have been some deferrals. Commissioner Carollo: All right. Commissioner Reyes: Mr. Chair? Chair Russell: Yes. Commissioner Reyes: I have a question. And in order -- the only way that we can solve this "he said/he said, " if there are records, there are written records. If you have written proof that you were informed of something, that now they are going City of Miami Page 153 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 back on what -- on their word, I think that's what we have to -- that's why we have to hear it. And those proofs have to be from the Administration or from you guys; they have to be presented. You see? And if they are presented and you have proof, instead of trying us to -- I mean, guessing that it is just a "he said/she said, "I mean, I want to see the proofs. Ms. Tapanes-Llahues: We have it, sir. Commissioner Reyes: I want to see the -- Chair Russell: All right. Commissioner Reyes: -- written proof of it. Chair Russell: Yes, Mr. Director. Mr. Garcia: Begging your indulgence very briefly, and simply, on my own behalf, to preserve a record that we may have to refer to in the future, unfortunately. Commissioner Reyes, to your question, and through the Chair, it is correct to say that there had been previously a recommendation by the Planning Department and myself personally on the record for approval of a T6-48-0 zoning designation that they are presently applying for. I know that. She knows that. She knows that I know that, and I know that she knows that, and you have it on the record that that is the case. Commissioner Reyes: (UNINTELLIGIBLE)? Mr. Garcia: Point one. Commissioner Carollo: You lost me on that `you know, she knows, he knows. " Mr. Garcia: Everyone knows. Commissioner Reyes: That's right. You know; she knows. Mr. Garcia: Everyone knows. Ms. Tapanes-Llahues: The truth shall set us free. Mr. Garcia: Everyone knows. If I may, begging your indulgence, everyone knows. That is clear, that is on the record, and it is simply undeniable; point one. Point two, it is entirely possible -- in fact, it is the case that there is more evidence, more documentation, more information that we have today that we did not have at the time, and that is the basis on which our recommendation has changed. And answer - - and I'll close quickly. The attorney is also aware of that, because we have had this conversation previously. So on the facts, and on the record, we can certainly discuss the merits of the rezoning, and I will say my part, and everyone else will say theirs. What I find frankly objectionable -- because this is about my professional reputation -- is that, in an unwarranted fashion, the attorney should jump to the conclusion that there has been undue political pressure or influence. There simple has been none -- full stop -- and I challenge, and I challenge the attorney to provide any evidence to that effect. Thank you. Chair Russell: Thank you very much. So it's up to the will of this body. I know where it's going to end up, and I believe it'll be a deferral. I'd rather us go through the facts in our offices, rather than take it all out on the floor here through a long night of conjecture, because that's what a lot of what's going on here. Plus, I believe City of Miami Page 154 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 there's legal insufficiency for this to be heard today, so that if we do take it up, we'll be doing this in error, and I think it's open to challenge. So that's why I'm simply requesting a month. That's all. Commissioner Carollo: Chairman? Chair Russell: So it's really just to know what the will of this body is, so. Commissioner Carollo: Chairman, you've heard from two members of the body. Chair Russell: You want to hear it today, you'd like to hear it today, you'd like to hear it today; going to be heard today. Commissioner Carollo: Let me say this to you. If it was a normal item that hasn't been around for so long -- but this has been around for a long time -- two other members of this body would like to hear it, I don't mind it going forward, reserving my right that at any point in time, I can ask for a deferment, if I think that it would be appropriate. Now, I'm frankly amazed that this whole thing has been going on for so long with the Babylon, and -- but, you know, as Tony Montana once said, "President Carter told me, I got rights. " So people have rights. Chair Russell: Thank you, Commissioner Carollo. All right, so what we have so far is a -- I don't believe any motion has been made yet, but what we're looking at is PZ.7 and 8, indefinite; PZ. 9, also indefinite; PZ.s -- 13 is the one we were just discussing, so that would not go on this motion. PZ. 14, to July 25. Commissioner Hardemon: Hold on (UNINTELLIGIBLE). Was PZ.9 indefinite, or was that just a continuance? Chair Russell: I apologize. No, that was July 25. PZ. 14, to the 25 as well; and then, if I'm not mistaken, PZ. 19 was brought up as well, the mural issue. So is that enough time -- that you asked for 7/25 on that one as well? Mr. Garcia: Yes, sir. Chair Russell: Is that enough time to accomplish the goal of what you are looking to do? Mr. Garcia: We are now speaking of Item PZ. 9; is that correct? Chair Russell: This -- 19. Mr. Garcia: PZ.19. Chair Russell: This is the La Placita -- Mr. Garcia: No. So La Placita is PZ. 9. Chair Russell: I'm sorry. My mistake. Mr. Garcia: Right. Chair Russell: That one you're looking for -- that's my question, is 7/25 enough time for you to accomplish what you need to, or should that one be indefinite? City of Miami Page 155 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: No. It is simply a temporary measure, because we are working with the appellant to ensure that an alternative application can be made to the Historic and Environmental Preservation Board. Chair Russell: Right. Mr. Garcia: If those materials are received, then we will ask for an indefinite deferral until that matter is heard by the Historic and Environmental Preservation Board. Chair Russell: Right. Mr. Garcia: If that application is not submitted, as we expect that it will be, we'll probably be back here with the appeal. Chair Russell: Oh, okay. So just in case we bring it back next month, if it doesn't go to HEP Board in its other fashion, in its other iteration -- Mr. Garcia: Yes, sir. Chair Russell: -- we'll take it up in a month. Okay, I understand. And then -- no, 19 was my request for a continuance on that one, just based on the load for today. All right. Okay, so are we clear on what we're looking at? Is there a motion? Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort; seconded by the Chair. Any further discussion? Yes, ma'am. You'd like to comment on the deferral of PZ.9, but not to the substance of the item, please. This is simply about the deferral. There's a time sensitive issue on whether it should be deferred or not. Please state your name. Mariella Lopez: Hi. Mariella Lopez, 661 Northeast 68th Street, Miami, Florida 33135. I'm a neighbor at 6789, The Placita, as you know, and I am not for the deferral. This is the second time it's been asked for deferred. The mural has been therefor over a year, so I would just like to ask the Commissioners one more time, as I did last time, how many times are the people going to come back and -- to the same thing? Because it's not fair to us. Chair Russell: Thank you. Ms. Lopez: We're taking the time from our jobs, from our salaries, to come here and do the right thing, and I don't see anybody from their side being here taking off time. So my question to you is, will you respect the times --many times that we come back here over and over again just to have this (UNINTELLIGIBLE) that, "Oh, deferred, deferred, deferred, deferred"? So I would just like to get an answer from you guys. How many times do they get to get deferred and we get to get hit with our salaries, with our time --? Chair Russell: Thank you. So I -- and let -- if I may respond, unlike the other item, this one does have a reason for asking for this deferral. I was recommending indefinite, exactly for respecting your time -- Ms. Lopez: Thank you. Chair Russell: -- so it's six months out. We don't have to deal with it, unless it's ready to come back, and we could bring it back at an earlier time at any time. The reason we're seeking a deferral, because they are trying to come into compliance City of Miami Page 156 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 with something that is acceptable to the neighborhood. And they're recognizing that the mural, as it is, is problematic. And so, they will be applying potentially to the HEP Board with a completely new concept, and then they would replace this with that concept. And so, in order to give them time to do that and not put them into violation and citations on a daily basis from here forward, we would continue this item and our ruling until we hear how the HEP Board feels about the new concept. That's really the idea. We're trying to bring compliance to the neighborhood -- Ms. Lopez: Okay. Chair Russell: -- so that it doesn't -- Ms. Lopez: Very quickly? Chair Russell: Yes. Ms. Lopez: The mural's completely illegal. It's been there illegal. They did it illegal. So why is it being -- why does it get to stand illegal? It was done illegally. It one done with a permit. Why does it get to stand with illegally? Why don't they paint it over white until the HEP Board decides what is the measurement that they should do? Because they did it illegally, so why even keep it? Chair Russell: All right. Commissioner Carollo: Mr. -- Chair Russell: Yes, Mr. --Commissioner Carollo. Commissioner Carollo: Mr. Chairman, can we pull that item and vote on it separately? Chair Russell: So you do not want to defer it? Commissioner Carollo: I'd like to vote on it separately than the others. Chair Russell: Well -- Oh, for the deferral? Commissioner Carollo: For the deferral. Chair Russell: Of course. Commissioner Carollo: I don't mind going one more time, but we got to have it next meeting, time certain. Commissioner Hardemon: Well -- Commissioner Carollo: She pointed something out here that really caught my attention. They're here, but the other side's not here, which means that the other side knew that the Administration was going to ask for this to be deferred, and you're talking about an indefinite deferment, so that's a concern to me. Chair Russell: Mm-hmm. Commissioner Carollo: You know, it's -- and that whole situation there, it is more than just a mural and what has happened. It's the same thing that I'm getting correspondence on from the Wynwood BID (Business Improvement District) and City of Miami Page 157 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 businesspeople in Wynwood. So it's a problem that we have in many parts of the City; that if you're connected, it's a different story. Chair Russell: Thank you. Who's the mover? Mr. Hannon: The mover was Commissioner Gort; seconded by the Chair. Chair Russell: Thank you. Commissioner Hardemon, this is your district. What would you like to do with this item? Commissioner Hardemon: All right. So I'm not in favor of indefinite deferral. Chair Russell: Okay. Commissioner Hardemon: I think that the fact that -- she's correct; the mural was put there; it was not within the law; hence, why it was cited; hence, why we're going through this appeal. Now, I was very clear with the Administration that I am not for -- because I think there was at one time a proposal to -- well, I'll just state what I am -- what I'm not for. So I'm not for allowing it to continue to exist, if, in fact, there is no defense for it being there. If it's -- and that's why we need to hear the appeal in order to make the determination. So if there is no defense to it being there, it was clearly against the law, then the law is the law. Right? And so, I do understand, though, that the City does give opportunities to correct things. And so, the difference here is that there is the HEP Board -- right? -- and the HEP Board has significant say in that area. And so, it is the correct thing to go before the HEP Board to replace or to put something in the first place. And so, the question, really, I think that we should be considering here is, without knowing the facts, the true facts, because they haven't been presented to us, is do we, `A, " if the facts show that it is illegal, they should not have put it there, and it continues to be illegal, do we vote that it's removed, or do we continue it for one meeting -- when I say, "one meeting, " next like meeting -- so that they have an opportunity to go before the HEP Board? What I don't want to see is it goes before the HEP Board, and then -- and another six months has to pass by with this -- with it being there, because that's an affront to the neighborhood. And so, you know, we had a continuance before, correct, on that? Ms. Lopez: Yes, you did. Commissioner Hardemon: Okay. Ms. Lopez: And may I just interrupt one second, Commissioner Hardemon? Commissioner Hardemon: Let me make this last point. But we had that continuance. I was told that there was an attempt to put it into compliance. I think it should be into compliance. I think that the business -- if it is out of compliance and the business knows that it's out of compliance, the business can do something about it; they have not yet. And so, due process is another, you know, issue that we have before the City of Miami, but we don't want to exacerbate the issue. And so, if a continuance is exacerbating the issue, then, you know, I'll hear it as well, if it's going to exacerbate the issue. If they can, in fact, for instance, remove the sign if they are in violation, if the facts show that they are in violation, if there's no defense to it, and they can apply then to the HEP Board after removing the sign and put a different one, then that's what they should do, right? But we don't want to do something that is an apparent affront; not only to the neighborhood, but also to how we utilize the law within the City of Miami. Commissioner Carollo: My problem with that -- City of Miami Page 158 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Commissioner Carollo -- Chair Russell: Commissioner Gort had a comment first. I'm sorry, Commissioner. Vice Chair Gort: I just going to mention what he mentioned. Unfortunately, we have a process; what's called "due process. " We have a lot of these cases in our neighborhood, and we have to give the people the opportunity to do the process. That's something we've been trying to change here, to be able to expedite the due process. Chair Russell: Thank you. Commissioner Carollo. Commissioner Carollo: Well, I would be fine with what Commissioner Hardemon stated, that we defer it for the next meeting and we hear it then. Ms. Lopez: In the meantime, can it be repainted white? Because it is there illegally. We all know they did this illegally. They pulled a publicity stunt. Chair Russell: Madam, you've made the point. Mr. Director. Mr. Garcia: Briefly, and more than anything else, to clarify the situation, especially for the concerned and affected nearby property owners. We, the City, have put forward a case that the mural, as presently painted on the building, is in fact illegal. We know it to be the case, that it does not comply with the applicable regulations. We're clear on that. Now, to the issue of due process. What they have the ability to do is go to the HEP Board and ask for their approval. That approval was denied. Ms. Lopez: Correct. Mr. Garcia: And what they then have the ability to do, the owners of the property, is to appeal the HEP Board's decision to this body, the City Commission. And at present, until the Commission says otherwise, the sign is neither illegal, nor illegal [sic]; it simply remains to be seen, so that's what brings it to you. You will be the deciders of fact ultimately, and you will make that decision, and we will abide by it, obviously. What I am saying to you is, we've been working with the property owners over the last two to three months to try to find an alternative means to bring the property into compliance. Right? And we would like for that plan to be filed before the HEP Board so that it can replace the flag that is there today. Once a final decision is made, certainly, the City will hold them to compliance with that decision; that decision is pending final resolution by this body. We ask for one more month for the purposes of getting the application filed before the HEP Board. If that doesn't happen, it'll be either back here before you on appeal, and you will decide whether it's legal or illegal. Commissioner Hardemon: Mr. Chairman. Chair Russell: Commissioner Hardemon. Commissioner Hardemon: So the question that I have for you then is, if, in fact, they filed it, which shouldn't be a hard process to do; if it is heard before the next meeting, and say, "accepted, " then I'm assuming they will make the change, and in compliance with that. But what is the problem -- what is the detriment of hearing the item and finding, for instance, in compli -- well, finding, consistent with what the City is saying, that the sign is illegal? So if the sign is deemed to be illegal, because it's not -- right now you're in between -- right? -- until we make a decision about it -- what harm does it have in doing that, in finding it illegal, and then allowing them to apply for the approval through the HEP Board for the new sign? City of Miami Page 159 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: Right. So we, generally speaking, like to move forward in a sure-footed fashion, and we want to know -- and what we've engaged the property owners with is the following: Instead of bringing it to the City Commission as finders of fact as to whether it's legal or illegal, complies or it doesn't comply -- which is ultimately your decision to make -- we would prefer to, all in agreement, file an application that we know to be legal, so as to bring the property in compliance. So I wanted to remove any doubt out of the equation; it benefits them; it benefits us. Commissioner Hardemon: Well, I highly suggest that they move forward expeditiously. Mr. Garcia: No question. Commissioner Hardemon: I highly suggest that they file tomorrow. I highly suggest that if they can get it heard before that next meeting, the 27th, that they do it, because the way that I see it is if, on the 27th, we don't come back with at least a -- if we don't -- if you're coming back to us on the 27th saying, "In three months, the HEP Board is going to hear it, " then we're going to hear that item on the 27th. Mr. Garcia: Very well. And we'll (UNINTELLIGIBLE). Ms. Lopez: Excuse me; could you repeat that again? Commissioner Hardemon: So my point is that it's either -- on the 27th, that's it. We're going to hear the item. Either there's going to be some approval from the HEP Board saying that the new application is okay and they made the changes consistent with their new application, or -- and then -- and that brings it to a finality, if you will; or if they come back on the 27th and they have not had a hearing, even if they have applied, then we're going to hear the item on the 20th -- I'm sorry; I keep - - 27th. Mr. Hannon: 25th. Commissioner Hardemon: 25th. Chair Russell: Commissioner Gort. Commissioner Hardemon: What I'm saying is that the 25th (UNINTELLIGIBLE). Ms. Lopez: Okay. So my understanding that the 25, that's it. They're not going to comeback and say, "Defer, defer, defer, defer." Commissioner Hardemon: They can come back -- Chair Russell: Ma'am? Commissioner Hardemon: -- but I'm saying that I won't be -- I would not want to have a continuance, is what I'm saying. Chair Russell: Commissioner Gort. Ms. Lopez: I have one more question. Chair Russell: Ma'am, please. Just let the Commissioners speak, and then we'll -- Vice Chair Gort: Question, do they have a citation? City of Miami Page 160 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: They do. Vice Chair Gort: They do, okay. What's the cost of that citation? Mr. Garcia: There is a running fine, and I'm not sure exactly what the amount is. Vice Chair Gort: Okay. Chair Russell: All right. Vice Chair Gort: So it's costing them not to be in compliance? Mr. Garcia: Not exactly. That fine is held in abeyance, so to speak. And when the issue is finally brought into compliance, they will have the ability to ask for that fine to be mitigated. Vice Chair Gort: To be mitigated. Okay. Chair Russell: Right. Unless this body finds that they're not -- that they are in compliance. For example, if it came to us and -- so really, they're in a limbo right now. Mr. Garcia: They are, sir. Chair Russell: They're not out of compliance until this body makes its decision. Ms. Mendez: So I'm sorry -- Ms. Lopez: And they have open violations. Chair Russell: Madam City Attorney. Ms. Mendez: That's the -- is it running? Because the only -- is it running or is it held in abeyance? Because if it's running, yes, they could go to mitigation, but sometimes -- Mr. Garcia: It is running and subject to final mitigation -- Ms. Mendez: Okay. So -- Mr. Garcia: --if and when appropriate. Ms. Mendez: -- I wanted to clam that, because it's not held in abeyance, that I know of,• they run. Mr. Garcia: And what I mean to say by that -- I'll use laymen's terms, instead of trying to use legal jargon incorrectly -- is that they are not responsible for paying that fine until the final status of compliance or noncompliance is established. Ms. Mendez: So they have the opportunity for that running fine to be mitigated later at a Code Enforcement Board meeting. Vice Chair Gort: Also get a lien. Mr. Garcia: Unless they are found in compliance. City of Miami Page 161 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Mendez: Right. Commissioner Carollo: That's how -- Chair Russell: Thank you. Commissioner Carollo. Commissioner Carollo: our process is. Mr. Garcia: It's a process. Commissioner Carollo: That's how our process is. Chair Russell: Yeah. So what is the will of this body? Commissioner Carollo: And by the way, though, the one thing I'll say in their favor, that they're not someone that I've seen that have been doing major violations in property after property after property. I think this is their first property. And they're not like some fine folks in the lounge -- liquor business, or the former members of the cultural garbage business, that everything they touch is a violation, and then they get offended once they're found out. So I will say they have that going for them. They don't have a history of that. And I think we had approved a previous resolution to that effect. If people don't have a history of that, we try to bring a process, like we're doing. Commissioner Hardemon: And Mr. Chairman? Chair Russell: Thank you. Commissioner Hardemon. Commissioner Hardemon: And the only thing is that I just -- what I don't want to happen is I don't want two years to pass by -- Commissioner Carollo: No, no. That's -- Commissioner Hardemon: -- because, you know, historically -- in these historical districts, it's important what you put onto -- on a wall. Commissioner Carollo: That's why I brought this up. Commissioner Hardemon: Right. Commissioner Carollo: So I'm glad you feel that way about it. Chair Russell: Right. No. The effort here is to find something that was a compromise within the community with the historic preservationists, with the neighbors, and with the business. We're looking for a positive outcome here for everybody, and I think that's what they're trying to do. They're trying to come into compliance with these new concepts and ideas, this neon idea versus a paint idea; different things, so that's why we're looking for that (UNINTELLIGIBLE). But Commissioner Hardemon, I really would like to defer to your request for this. Where do you want to see this go? Commissioner Hardemon: No. The continuance to the 25th is fine. Chair Russell: Okay. All right. Ms. Lopez: I have a quick question, and I'll leave. City of Miami Page 162 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Yes. Ms. Lopez: Do they have a date where they already are presenting this to the HEP Board? Because they can come back on the 24th or the 25th and say, "Oh, we haven't presented it yet to the HEP Board, so we're going to ask for another continuance. " So I would like to be assured that they're going to lock in their application to the HEP Board way before we come back here, and that the HEP Board gave a decision. Because we're not going to keep doing this yo-yo, and I'm going to be coming back here, losing my salary, while the other side is sitting at home watching whatever they're doing. Commissioner Hardemon: No pun intended. Commissioner Carollo: Don't -- Chair Russell: There is a good thing. All right. Commissioner Reyes: (UNINTELLIGIBLE). Mr. Garcia: May I--? Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: Yeah. (UNINTELLIGIBLE) that. Chair Russell: Mr. Director. Commissioner Hardemon: You can't play with my yo-yo. Mr. Garcia: Thank you. So, for the record -- and I think that is entirely the right question to ask at present, because the application is not complete. There has not been a filing with the Historic and Environmental Preservation Board, and we control part of that process, but not its entirety. Ultimately, the Historic and Environmental Preservation Board makes their own decisions. We present and they decide, or they continue themselves. That said, what is loud and clear from the Commission today is that there will be an item of appeal heard by this Commission on the 25th of July, and a decision will be made there. We will work with the applicants, with the appellants of this case, to make sure that that alternative proposal moves forward, is well-defined, and to advise everyone and to advise you as well. If push comes to shove, the alternative proposal will be presented to you in lieu of the existing proposal, in an effort to have that referred back to the HEP Board for approval. So we can work on that, but the -- Ms. Lopez: But, "Have you proposed it already to the HEP Board?" is my question? Mr. Garcia: They have not. They have not. Chair Russell: No. Ms. Lopez: Why not? It's been over three months that the HEP Board knocked it down, so why haven't they produced it? Chair Russell: It's a new concept. This is a compromise that's been worked out with the preservationists that is now being brought to the HEP Board. Mr. Garcia: Right. City of Miami Page 163 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Lopez: Isn't there a process for the appeal? Don't you have a certain amount of time to appeal to the HEP Board and be heard? Mr. Garcia: That is the -- Chair Russell: They've already done that. Mr. Garcia: -- (UNINTELLIGIBLE) before them today, yes. Chair Russell: Yes. All right. So Mr. Clerk, could you run down the items --? Let me ask one more question about PZ.13 of the City Attorney, please. Madam City Attorney? Ms. Lopez: Are we done with PZ 9? Chair Russell: Yes. Vice Chair Gort: Yes. Ms. Lopez: Thank you. Vice Chair Gort: You did a great job. Chair Russell: Madam City Attorney, question for you on PZ. 13 -- I'm sorry; thank you very -- no, no. We haven't actually done it yet. This is just -- you made your public comment; we're still working. On the Babylon issue, you had said that a move to T6-12 would be corrective, but to 24-48 would not. But from a legal perspective, corrective action is done by the City as an applicant; am I not correct? If somebody's applying for an up -zoning, the end result may correct what they consider to be an error, but if the City considers an error that needs rectifying, the City would be the applicant. Am I not mistaken? Ms. Mendez: You're correct. The -- Mr. Garcia: And what I'm hereto say -- Ms. Mendez: --in principle. Mr. Garcia: On my end, what I'm here to say is that if this application were to T6- 12-0, the City might very well need a co -applicant for it. Chair Russell: I see what you're saying. But in its current iteration, it is an application for an up -zoning; it is not a corrective request or action? Mr. Garcia: Above and beyond that which we feel is corrective, in contradiction to previous statements made to this body that T6-48-0 was a correct zoning designation. Chair Russell: Fair and understood. Ms. Tapanes-Llahues: Through the record -- through the Chair, there's no evidence in the record presented by the Department of Planning that shows what was the about-face; what caused it. We have not had any discussions to that point. Chair Russell: We're not addressing that, though, right now. City of Miami Page 164 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Tapanes-Llahues: Well, he -- in the record there is that a corrective action is to T6-48. That was the City's application. Now the Director is saying that a corrective action is to T6-12. There's no reason or rationale for that change of position -- Chair Russell: No. Ms. Tapanes-Llahues: -- in the record. Chair Russell: No, I do understand. That's what you said before; that he's changed his mind from what he said before. You made that point. Ms. Tapanes-Llahues: Right, and there's no evidence. Chair Russell: But that doesn't address the question that I asked to the City Attorney and the Planning Director. It was simply about whether or not the City is required to be an applicant on a corrective action, or if an applicant can unilaterally be an applicant for a -- apply for a corrective action. Ms. Tapanes-Llahues: There is no requirement that the City be the applicant to a corrective action. In fact, Article 2 gives that responsibility and power to the City Commission. And on the record, from January 6, 2016, both the Director, as well as the City Attorney's Office, specifically said that the only way to correct a zoning is to go through the rezoning process, and that is what has been done and what has been precedent, accepted by this City Commission as recent as 2018. We have not been -- Chair Russell: Your opinion's clear. Thank you. Mr. Clerk, could you clarify the items that are currently in the motion for indefinite deferral or continuance? Mr. Hannon: Yes, sir. To be indefinitely deferred, PZ.7 and 8; to be continued to July 25, PZ. 9, PZ. 14, and PZ. 19. Chair Russell: All right. Commissioner Gort, you were the mover. Does that gel with what you were thinking? You're good, all right, as the seconder; that's fine. Any further discussion on the item? Hearing none, all in favor, say aye. The Commission (Collectively): Aye. Chair Russell: Any opposed? All right, motion passes. We have our order for the afternoon. That's how government works. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM City of Miami Page 165 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PZ.1 ORDINANCE Second Reading 5230 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AYES: 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. ENACTMENT NUMBER: 13844 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Gentlemen, would you like to stay in the PZ (Planning and Zoning) agenda and table the remainder of the morning's agenda until later? Commissioner Hardemon: Yes. Commissioner Reyes: I don't (UNINTELLIGIBLE). Chair Russell: All right. So within the PZ agenda -- I'll be honest with you. I don't know how long I'm going to last here. I would like to be here for the Babylon discussion, if we're going to take this one up, and if I do have to leave, I'd like to -- Commissioner Hardemon: What Id like to do -- Chair Russell: -- ask for it to be deferred. Commissioner Carollo: What item? Commissioner Hardemon: So what I want to do is this, really quickly. I believe there's a motion -- Commissioner Carollo: PZ -- Commissioner Hardemon: --for intervenor status on the -- well, first of all, my first question: Is there anyone here on -- Commissioner Carollo: What item are we on? Commissioner Hardemon: -- Items PZ 1, 2, 3, and 4? Chair Russell: We're in the PZ (UNINTELLIGIBLE). Commissioner Hardemon: Raise your hand if you're here for PZ 1, 2, 3, and 4. City of Miami Page 166 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: PZ. 1, 2, 3, and 4. Commissioner Hardemon: Okay. Is there anyone for public comment on PZ. 1, 2, 3, and 4? Mr. Chairman, I would ask that we -- I would move to accept Item PZ. 1, 2, 3, and 4, and you open and close public -- Commissioner Reyes: Second. Commissioner Hardemon: -- comment on that. Chair Russell: There's a motion and a second for PZs.1, 2, 3, and 4; opening public comment. Seeing no one here to speak publicly on these items, I'll close the public comment. Please read them into the record. Victoria Mendez (City Attorney): The ordinance titles? Chair Russell: Yes. Commissioner Hardemon: PZ. 1, 2, 3, and 4. Ms. Mendez: PZ. 1. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there any further discussion from the dais? Commissioner Hardemon: He has -- she has -- Ms. Mendez: Three more. Commissioner Hardemon: -- three more. Chair Russell: Oh, I'm -- yes, we have a little more reading to do. I apologize. Ms. Mendez: And ordinance of the -- PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ. 3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ. 4. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. All in favor of PZs.1.2, 3, and 4, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 167 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PZ.2 ORDINANCE Second Reading 5231 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "74-R," GENERAL Planning URBAN TRANSECT -RESTRICTED, TO 75-0," URBAN CENTER TRANSECT -OPEN, OF THE PROPERTY LOCATED AT 1415 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. ENACTMENT NUMBER: 13845 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PZ.2, please see Item PZ.1. PZ.3 ORDINANCE Second Reading 5228 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 OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184(3), FLORIDA 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," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13846 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PZ.3, please see Item PZ.] City of Miami Page 168 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 PZA ORDINANCE Second Reading 5229 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY "74-R," Planning CHANGING THE ZONING CLASSIFICATION FROM GENERAL URBAN TRANSECT -RESTRICTED, TO 75-0," URBAN CENTER TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT 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. ENACTMENT NUMBER: 13847 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PZ.4, please see Item PZ.1 PZ.5 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. PZ.5 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. For additional minutes referencing Item PZ.5, please see Item PZ.13. Commissioner Hardemon: We have one -- ii -e have -- City of Miami Page 169 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: There's one more, which is mine. Commissioner Hardemon: -- PZ.21, was that --? That was continued, or there was - Todd B. Hannon (City Clerk): No, no, no. We still have PZ. 5, 6, 18, and 21. Commissioner Hardemon: I thought we passed 5 and 6. Mr. Hannon: We did I through 4 in one fell swoop. Commissioner Hardemon: I know we did that, but we did 5 and 6. Francisco Garcia (Director, Planning): Sir, items -- Commissioner Reyes: Yes. Mr. Garcia: -- Mr. Chair, Items PZ -- Francisco speaking. Items PZ.5 and 6 are in District 3, and I notice that the District 3 Commissioner has left. I spoke briefly with the applicant, who wishes that it be continued, also, to July 25. Vice Chair Gort: Right. Commissioner Hardemon: He wants what? He wants what? Mr. Garcia: Continued to July 25, ifpossible. Commissioner Hardemon: 5 and 6? Mr. Garcia: Yes, sir, 5 and 6. Commissioner Hardemon: So 5 and 6 did not pass. I'm mistaken in what I wrote. Commissioner Reyes: 5 and 6 was not passed. Commissioner Hardemon: Okay. So that's -- Mr. Garcia: Did not pass. Commissioner Hardemon: -- I move to continue 5 and 6 -- Commissioner Reyes: 5 and 6. Second. Commissioner Hardemon: -- to the 25th meeting. Commissioner Reyes: I move to -- Vice Chair Gort: It's been moved and second. Anyone in the public would like to address 5 and 6? Seeing none, being none, hearing none, close the public hearings. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. City of Miami Page 170 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PZ.6 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT - ABSENT: OPEN, TO 76-8-0," URBAN CORE TRANSECT - OPEN, FOR THE Note for the Record. PZ.6 was continued to the July 25, 2019, Planning and PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND Meeting. 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. PZ.6 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ. 6, please see Items PZ.5 and PZ. 13. PZ.7 ORDINANCE First Reading 4541 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Department of AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For minutes referencing Item PZ. 7, please see "Planning and Zoning Order of the Day." City of Miami Page 171 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 PZ.8 ORDINANCE First Reading 4545 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 75-R," URBAN CENTER -RESTRICTED, TO ABSENT: 76-8-0," URBAN CORE -OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. For minutes referencing Item PZ. 8, please see "Planning and Zoning Order of the Day. " PZ.9 RESOLUTION 5770 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY JOEY CANCEL Planning ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE AYES: DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL ABSENT: PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23- 6.2(b)(4) OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR AN AFTER -THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO") HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180090010. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commi: SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. PZ.9 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. City of Miami Page 172 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 For minutes referencing Item PZ. 9, please see "Planning and Zoning Order of the Day." PZ.10 ORDINANCE Second 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. ENACTMENT NUMBER: 13848 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. A motion was made by Commissioner Hardemon, seconded by Commissioner Reyes, and was passed unanimously, with Chair Russell and Commissioner Carollo absent, to deny intervenor status to Warren Perry, Family Action Network Movement (FANM) and Jessica Saint -Fleur, pursuant to Section 7.1.4.3(d) of Miami 21, for Items PZ.10, PZ.11 and PZ.12. For minutes referencing Item PZ.10, please see "Planning and Zoning Order of the Day. " Vice Chair Gort: Next item. Commissioner Carollo: Okay. Vice Chair Gort: Yes, sir. City of Miami Page 173 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: I know that we got some people here. I don't know how long this is going to take, but I'm -- you know, we have a time limit, and we're supposed to break by 10. I want to announce that I do want to break by 10. Vice Chair Gort: Okay. Commissioner Carollo: So you pick whatever ones you want now. Vice Chair Gort: My understanding, we have the -- this is going to be a second reading, and my understanding is there's been a lot of discussion. I'm sure we're going to open to public -- Commissioner Carollo: Yeah. I only have one item here that would take a minute -- Vice Chair Gort: Wait. Commissioner Carollo: -- that we have to do now. Some -- let me see which one -- Vice Chair Gort: Is it planning or --? Commissioner Carollo: No, no, no; it's the regular agenda. It's a quickie. It's no big deal, but it's the only one that I have an interest on, but -- that we need to move along. The rest -- Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: -- hopefully, you won't give the store away anymore today, and -- Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: -- I'll leave it in good hands with them. Commissioner Hardemon: All right. Before we -- let's see if I can -- all right. There's an issue. So with PZ.10, 11, and 12 -- right? -- there's another application for intervenor status. I believe our City Attorney's Office has -- and it was turned into the record, right? So it's a part of the record. The City Attorney's Office has taken a look at it, and it seems to be, at least from hearing -- we have not heard any arguments here. The attorneys have not had an opportunity to cross-examine on the issue, or ask any questions on the issue, but there -- that there may be someone who meets the standard for an intervenor. And so, the question I have is, if that person meets the status for an intervenor, do you want to handle the issue? Do you want to intervene today and work on that issue today, or would you like to -- would you like additional time in order to be prepared for the case? Oh, the Chairman is about -- one second. Meena .Iagannath: Hello? Hello? I came in here prepared to make a presentation, and we have experts here with us, but it is my understanding that there are new documents; and so, I think that if there are new documents to be considered and this is second reading that even if we had intervenor status, I think we would take the right to defer. Commissioner Hardemon: Are there new documents in this case that must be considered? Neisen Kasdin: Chair, members of the Commission, Neisen Kasdin, Akerman, representing Magic City. All -- there are no new documents. What there are, are a City of Miami Page 174 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 few additional provisions that were requested by this Commission at first reading in March with regard to the edu -- strengthening the educational requirement, accelerating the payment schedule, having two community meetings, and also reaching out to the Concerned Leaders of Little Haiti, as well as creating a fund. That was your request, this Commission's request at the public hearing. And what you have before you is the response to that request, which is some additional language, but nothing new; no new provisions; no new additional rights; just enhancements of what the City had requested in March. Later... Commissioner Reyes: Anything left for D4 (District 4)? Commissioner Hardemon: Not much. I guess we can get into the item now, the Planning and Zoning item. Vice Chair Gort: That's good. Commissioner Reyes: The intervenors? Okay. Commissioner Hardemon: Right. So -- Commissioner Reyes: PZs (Planning and Zoning)? Commissioner Hardemon: Mr. Chairman, what I would like to -- what I would like is for the individuals requesting intervenor status to be as succinct as possible to explaining why to this body you believe that you deserve intervene -- the intervenor status. And then I'll allow opposing counsel to say, just as succinctly, a word or two about. And then I'll get some guidance from our City Attorney's Office, and we're going to make a decision. This is not going to take us 20 minutes. Later... Commissioner Hardemon: Succinct. Mr. Kasdin: Mr. Chair, if I may, I have a procedural objection, if I may -- Commissioner Hardemon: Tell me. Mr. Kasdin: -- make it. Again, Neisen Kasdin, Akerman. Without getting to the substance of their argument -- although I would note that we have not been served with their petition for in -- to intervene; we just received it this time -- this matter has come before this Commission and has been decided. They come before you tonight again as FANM (Family Action Network Movement), on behalf of itself and its members. They petitioned for status to intervene months ago, on behalf of themselves and its members, and this City Commission denied it. Commissioner Hardemon: Right. Mr. Kasdin: They are asking for a second bite at the apple. Commissioner Hardemon: So I would agree with you if it is a second bite at the apple. I don't know what it is, because I haven't heard the argument; and so, I would imagine if this is about FANM, then we've decided that. If this is about an individual, then this is a completely different issue. City of Miami Page 175 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Jagannath: Well, I just want to say for the record, at the last hearing on March 8, 2019, I was not present to make the intervenor status request on behalf of my clients, and therefore, I did not resubmit the request in advance of that hearing. Another staff member from my office appeared to make it clear that FANM and its members were not presenting any request for intervenor status, due to the absence of its counsel. The City Attorney confirmed that there was no pending motion for intervenor status at that time for the Commission to take action on. And yet, the Commission erroneously moved forward, voting to deny an intervenor request that was not yet at issue, and with counsel being absent; violating FANM and its members' due process rights. So I know -- Commissioner Hardemon: I would disagree to the -- Vice Chair Gort: One at a time. Ms. Jagannath: So I just want to put on the record that I'm objecting to that. But there are also two individuals who are requesting status as members, as well as individuals. And so, since the last hearing was procedurally unclear, and the Code is silent as to when a request must be made, we want to be sure not to waive our opportunity to present -- to resubmit the request for the Commission's consideration. And my colleague, Jean -Luc will -- Mr. Kasdin: Mr. Chair -- Commissioner Hardemon: Is this the --? Your colleague -- Vice Chair Gort: Excuse me. Commissioner Hardemon: -- is the same individual that made the argument -- Ms. Jagannath: I'm sorry? Commissioner Hardemon: -- at the last hearing. Ms. Jagannath: Well, I'm -- I was counsel of record. I mean, he had just -- he hadn't even been on the case at that point, so we've had two months in the interim, and we brought him on to argue the motion. Vice Chair Gort: Thank you. Mr. Kasdin. Mr. Kasdin: Yeah. Mr. Chair, what Ms. Jagannath has just said is false. They did file a motion; we received it, you received, it was all pending before us. They did have counsel present, and they did proceed with argument in favor of the motion. So it was considered, they were represented, and it was turned down. Ms. Jagannath: My colleague specifically said that -- Vice Chair Gort: Excuse me. Ms. Jagannath: -- counsel was not present. I'm sorry. Commissioner Reyes: Mr. Chairman? Vice Chair Gort: You're recognized. Ms. Jagannath: I'm sorry. I was not present. I was counsel on the case at the time. I brought him on now as my -- another person in my firm. But at the time, he was City of Miami Page 176 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 not up on the case. He came here -- we wanted to have a member from our staff to put on the record that I had informed the City Attorney ahead of that hearing that I was not going to be present. And so, I'm just putting on the record that there --that I had put in the record that we were not submitting the request for consideration at that hearing. The Commission considered it and -- Commissioner Hardemon: Because it was in the record. Vice Chair Gort: What -- my understanding, you presented. But then, we asked, "Who's the party you're representing, who's hurt?" You were not able to come up with anyone. You were trying to get someone to come to the meeting so you can represent that individual that was going to be hurt by this mo -- by the motions, and that's why we denied. You were supposed to -- you made a statement here. You were going to send someone to go get the individual that you were representing and that -- Ms. Jagannath: Yes, but we didn't -- Vice Chair Gort: Wait. -- that's my understanding of what happened that day. I'm not an attorney of that, so I'm not -- I just want to clear the record. Commissioner Hardemon: Right. So -- Vice Chair Gort: Okay? Commissioner Hardemon: -- look, you know, so that motion was denied. Commissioner Reyes: Yeah. Commissioner Hardemon: That motion was denied. There was a request. If you have a new request, I think you should make that motion. However, like I said, if it's on behalf of FANM, that was already decided. Jean -Luc Adrien: Okay. As my -- thank you. Mr. Chair, may I? Vice Chair Gort: Yes. Mr. Adrien: Good evening, Mr. Chair, Commissioners. As my colleague, Meena Jagannath, just mentioned, we do object to that decision. But due to the guidance from the Commission, I will only proceed in regards to the individual FANM members, but I wanted to put that on the record. So my name is Jean -Luc Adrien, from the Community Justice Project, 2000 Biscayne Boulevard, Miami, Florida. Also present here tonight are individual members of FANM, Warren Perry and Jessica Saint -Fleur. We are asking for intervenor status for Mr. Warren Perry and Ms. Jessica Saint -Fleur. I'll try to move from -- to -- through the slides as quickly as possible, and please ignore, I guess -- Mr. Kasdin: I have a procedural objection, Mr. Chair, if I may make it. Vice Chair Gort: Yes. Mr. Kasdin: I object to them proceeding further on this. This is still FANM that is appearing before you. The paper that you have received is filed by FANM, on behalf of FANM and FANM's members. That was presented to you before. It was considered, and, as you know, was denied. And, in fact, you asked at the time at the hearing, "Do you have any FANM members who you could put forward?" to try to even establish some higher standing, and they weren't able to do that. City of Miami Page 177 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: That's correct. How long has Mr. -- how long has Perry and Saint -Fleur been apart of FANM? Mr. Adrien: Seven months and a year, but, Commissioner, it's a huge decision to -- Commissioner Hardemon: Both of them? Mr. Adrien: Seven years for Saint -Fleur, and a year -- seven months -- excuse me -- for Saint -Fleur, and a year for Mr. Perry. But what we're doing here, we also represent them as individuals, and they're here, present today. Miami 21 is silent as to when folks can or should present the intervenor status request, so we're going to move forward, with your permission, on those two individuals. And we'd ask, Mr. Chair, that all objections be kept till the end of our presentation. Commissioner Hardemon: (UNINTELLIGIBLE). Vice Chair Gort: No problem. Okay. Mr. Kasdin: I have a standing objection. Standing objection. Mr. Adrien: So the roadmap is that -- Vice Chair Gort: I understand (UNINTELLIGIBLE). Mr. Adrien: -- (UNINTELLIGIBLE). Thank you, Mr. Chair -- Vice Chair. Our roadmap is that we'll present the standard for individuals requesting intervenor status, and we'll present those facts as it applies to Mr. Perry and Ms. Saint -Fleur. Yes. So Mr. Perry -- I'm sorry. There you go. So the legal standard, both under -- there are two sources of authority for individuals to seek intervenor status request: One is the common law, the seminal case being Renard; and the other is through Florida Statutes. Under the common law, there are certain factors that one has to consider when presenting an individual request for intervenor status, and those are proximity to the subject; the change in the character of the neighborhood that the rezoning will create; the type of change; and whether those individuals are affected by things such as noise, traffic impact, land value, traffic safety. And I'll get back to the statutes later. Introducing Mr. Perry. His address is 207 Northeast 62nd Street, Miami, Florida. He's 299 feet from the nearest Magic City parcel. Commissioner Hardemon: That building that you -- can you go back to the next -- last slide? Mr. Adrien: Yes. Commissioner Hardemon: That building where you have zero feet, that's a rental community, isn't it? Mr. Adrien: That -- it is correct. Commissioner Hardemon: How long has he been living in the rental community at that time? Unidentified Speaker: 14 years. Mr. Adrien: 14 years. But Carlos --I'm anticipating your previous --your next point. We have -- there's a case on point, Carlos Estates and Bay Harbor, as well, that says that residents and citizens that are affected can apply for intervenor status. So Mr. Perry falls within the 550 foot radius map provided by Magic City. And I City of Miami Page 178 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 zoom in a little bit here, and "A" marks the spot of where Mr. Perry resides. And as you can see, the red parcels are Magic City properties. So notice -- being in a notice zone is a factor under Renard, and it's case law. So the other factors, as well, is that Mr. Perry is concerned about the change in character and the type of change that will happen in Little Haiti if the Magic City Innovation District is approved. The existing zoning in Little Haiti allows for a maximum building height between 8 and 10 stories in most parcels. However, the majority of parcels in the area are still one to three stories tall. This SAP (Special Area Plan) would increase the maximal -- maximum allowable building heights to 20 to 25 -- between 20 and 25 stories. That's nearly triple times the existing building heights. Another type of change that Ms. -- that is evident in this application can be found in the applicant's own economic impact analysis with a higher cost of living. Commissioner Hardemon: What's the case number in the case that you cited about the residents? You have a copy of it? Mr. Adrien: Carlos Estates and Bay Harbor. Do you mind if I --? Commissioner Hardemon: Can you have your co -counsel grab it for you while you continue on? Mr. Adrien: I don't know if I have one. We can give him the cite, I guess. And -- sure. Commissioner Hardemon: No. I want to read it. I want to read it. Mr. Adrien: I can look for this. Commissioner Hardemon: Okay. Mr. Adrien: But the cite is Town of Bay Harbor Islands v. Driggs, 522.So.2d, 912. You need me to repeat that, Commissioner? Commissioner Hardemon: Thank you. Mr. Adrien: Thank you. So, as I was saying, in terms of the other type of changes, the higher cost of living, we know that the median household income in Little Haiti is $24,800. This SAP, as stated in the applicant's economic impact analysis, says that it will primarily serve families with an average household income between 55,000 and $75, 000. That's two to three times an increase in median household income that will occur if this development is accepted. What are the results of that? We know through extensive research on the subject of gentrification that when higher -income households influx into a community, existing tenants with lower incomes are often forced to move. This also includes commercial tenants. Businesses that provide goods and services at the price range that Mr. Perry can afford and is used to affording for the 14 years that he has lived in this community will be displaced by luxury businesses that target higher -price -range residents who will come as a result of the Magic City Innovation District. Mr. Perry will also be affected by noise through the decade-long phases of construction right across the street from his property. This Magic City plan envisions bringing 2,630 units. That's a measureable increase in traffic. There are some other factors from the case law that are specific to traffic safety. Walkability is a concern of Mr. Perry, and as you can see here, is a impact of traffic that will occur on Mr. Perry on the screen. You have two maps, the current trajfic measurements volumes and the one that will happen post -Magic City. It's a long -- it's a short -- mid-term -- excuse me -- around 2025. If you look at it, Circle Number 4 is where Mr. Perry lives. The blue squares are trajfic volumes; the number of cars that pass by within a segment per hour. Mr. -- if City of Miami Page 179 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 you look at northbound on Northeast 2nd Avenue, Mr. Perry may currently experience a traffic volume of 850 cars. In 2025, if Magic City is approved, it'll be about 1,200 cars that will pass by that same segment within peak p.m. hours. That's a 41 percent increase. Westbound -- now if we look westbound on 62nd Street, the current volume of cars during peak p.m. hours is 470 cars. That will increase to 1,190 cars in the mid-term. That's 153 percent increase in traffic volume within one segment that Mr. Perry will experience, directly relating to the factors of traffic safety, traffic impact from the case law. Now, moving on to Ms. Saint -Fleur, she's also entitled to intervenor status. She lives at 155 Northwest 64th Street in Miami, and although she is outside of the notice zone, we know that notice zone is not dispositive. Renard v. Dade specifically states that notice zone requirements are not controlling. Ms. Saint -Fleur is also entitled to intervenor status, because she's concerned about rising rents in her neighborhood. As I said before, the Magic City economic impact seeks to primarily serve families of a average household between 55,000 and $75,000. If you look at investment properties that are farther away than what Ms. -- where Ms. Saint -Fleur resides, they are using Magic City as a way to bring in investments and potentially -- and raise rents. This is one on -- I'll move through it just because of time. And this is one that's a mile away, saying that it's within walking distance to Magic City. And those are also available in the tabs of your -- the binders that I provided. Lastly, under Florida Statutes -- oh, sorry. In terms of traffic impact, Ms. Saint -Fleur will also be affected. If you look at Number 6 in the top left of the map is where Ms. Saint -Fleur lives. The main impact that Ms. Saint -Fleur will experience is westbound on Northwest 62nd Street, a road that she utilizes almost daily. Right now the current traffic volume is about 550 cars per hour, per peak p.m. hour, within one segment. This will rise to 1,120 cars during one hour in that same segment. That's 103 percent increase of traffic that Ms. Saint - Fleur will experience. Lastly, under Florida Statutes, which is a more liberal standard than Renard, any person, local government that has interests that are protected or furthered by the Comprehensive Plan, and whose interests will be adversely affected by zoning, and whose interest -- have interest greater than interest in the general well-being of the community, which is the City of Miami in this jurisdiction -- Todd B. Hannon (City Clerk): Excuse me, Chair. My apologies for the interruption. I have a statement that I need to read -- Vice Chair Gort: Go ahead. Mr. Hannon: -- now that the time is 10 p.m. Commissioners, the time is now 10 p.m. Miami City Code Section 2-33 states the City Commission meeting shall adjourn at the conclusion of deliberation of the agenda items or 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 Items PZ.10, PZ.11, and PZ.12, all companion items, 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. Vice Chair Gort: Thank you. Commissioner Carollo: I got a difference with you, Mr. Clerk. The ordinance says, "The last item"; doesn't talk about companion items, just for the record. Sir, I'm sorry. Go ahead. Mr. Adrien: Thank you. Thank you, Commissioner. So three more points is that Mr. Perry and Ms. Saint -Fleur are also -- may have -- are entitled -- excuse me -- to intervenor status via the Florida Statutes, because their interests are furthered or protected by the Comp Plan. An example: Ms. Saint -Fleur is concerned about City of Miami Page 180 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 affordable housing. Goal HO -1, and other equity -related provisions of the Miami Comprehensive Neighborhood Plan, seeks to ensure that residents of all incomes have a place in Miami. The Comp Plan also addresses Mr. Perry's interests regarding the scale and character of his neighborhood. The Comp Plan also addresses both of Mr. Perry and Ms. Saint-Fleur's concern regarding traffic safety, walkability, and traffic impact. The interests that they have are specifically about affordable housing in their neighborhood, traffic impact in their neighborhood, traffic safety in their neighborhood, scale and character in their neighborhood, not in the general community of Miami. Lastly, their interests will be adversely affected due to the proximity of Magic City. We know that an influx of residents with two to three times a higher median household income than current Little Haiti residents is bound to deplete affordable housing options. We know that envisioning to build 2,630 new units will create a traffic impact. For those reasons previously stated, Mr. Chair and Commissioners, Mr. Perry and Ms. Saint -Fleur are entitled to intervenor status. Commissioner Hardemon: I have a question for you. Mr. Adrien: Yes, Commissioner. Commissioner Hardemon: Have rents risen in Little Haiti without the granting of the SAP? Mr. Adrien: I believe that they have, but I also believe that the granting of an SAP, with this influx of higher median income household, will exacerbate that issue. Commissioner Hardemon: All right. So more -- you're saying more rental housing - - you're stating more rental housing in the area that is of a different product, so, for instance -- But my question to you is, right now there's rental housing in Little Haiti, and you get it for a certain price, and those prices differ, correct? Mr. Adrien: Correct. Commissioner Hardemon: And so, if you build more housing at a certain price, your point is that in the City of Miami, where you have neighborhoods that have properties that are rented at a lower value, that you should not include zoning to allow properties to be included into a space that's near it? Mr. Adrien: No, Commissioner. I'm not saying what you should or shouldn't do. All I am saying is that if you do that, it will have an impact on Mr. Perry and Ms. Saint - Fleur, and then -- and so, they are entitled to be a part of this proceeding. Commissioner Hardemon: So the question then is -- Right now he's a renter, right? Mr. Adrien: Correct. Commissioner Hardemon: Okay. If he's a renter, he has the right to -- how much longer on his current lease? Mr. Adrien: I don't have that answer right now, but I can find out, but year-to-year leases, generally. Commissioner Hardemon: Right. So you're not sure how long your client has been living -- well, we know how long he's been living there. But my question: His current lease -- does he have a lease? Mr. Adrien: I mean, I -- it's not been relevant for this proceeding to -- City of Miami Page 181 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: I mean, I'm asking, because when I look at -- like this is Renard that was passed up to me. When you look at Renard, it talks about an abutting property owner. And so, what I'm saying to you is that this person is not a property owner. And so, you know, what interest does an abutting person who's staying in the property have, more than the general community? If you were -- so how is a renter that lives next to a development more important than an owner that lives next to a development? Mr. Adrien: And I'm not saying he's more important than the owner. Ownership is - - definitely might be an issue, but we have the two cases that we've passed up; Bay Harbor, that say that a resident can ask for intervenor status. Now, specifically, in regards to -- Commissioner Hardemon: And can -- and in that, can you show me where in the case that you see that? Mr. Adrien: That it says residents or --? It might be Carlos Estates, as well. Vice Chair Gort: I apologize. (UNINTELLIGIBLE). Commissioner Hardemon: Okay. Mr. Adrien: Yeah. (UNINTELLIGIBLE). And Commissioner, another point that I was going to make, as well, is that in Renard, all residents have an interest in character of the neighborhood. And also, another specific factor in Renard that doesn't talk to -- in regards to ownership or rental is proximity. It says specifically that proximity, whether you rent or you own, is an interest; is a factor as to whether you get intervenor status or not. And I think that we've proven that conclusively with Mr. -- Commissioner Hardemon: Show me first in the 522.So.2d, 912. I see that there's a part of it that says, "The result reached here is consistent with Renard v. Dade County, which holds that any affected resident, citizen, or property owner of the governmental unit has standing to challenge a zoning ordinance is not properly enacted. Although standing is not measured solely by whether a person is entitled to notice, an affected person who is" -- "an affected person is one who possesses a definite interest exceeding the general interest in community goods shared in common with all citizens. " And so, the things that you're talking about, you know, the right for affordable housing, walkability, I mean, those sound like general interest in community goods. So I'm trying to find out what's the definite interest exceeding the general interest that any of these individuals have in this matter. Mr. Adrien: I mean, those are specific interests. For -- and I think one thing that I really want -- I'm not trying to evade your question, Commissioner, but one thing that I am trying to anchor us in is the fact that proximity is a factor, an expressly stated factor in Renard; and so, I just want to come back to that. But also, I don't have the case in front of me specifically, but you -- I think you just stated it; that residents -- Commissioner Hardemon: This is Renard now. Mr. Adrien: And can you --? Commissioner Hardemon: So I'll read to you the section that I was looking at, and this is from your So.2d, 912, the Town case. It says, "The result reached herein is consistent with Renard v. Dade County, which holds that any affected resident, City of Miami Page 182 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 citizen, or property owner of the governmental unit has standing to challenge a zoning ordinance as not properly enacted. Although standing is not measured solely by whether a person is entitled to notice, an affected person is one who possesses a definite interest, exceeding the general interest in community goods shared in common with all citizens." And so, my thought about that, you know, when I read this -- and I haven't had the counsel kind of dive into this, but how is it that someone who is a renter in a space and who is concerned with the rising cost of rent and walkability, how do they have a definite interest? What have you shown to make that person have a definite interest that is greater than the community goods shared in common with all citizens? Because, as you put it, we all care about affordable housing; we all care about walkability, et cetera. But the question comes down to, you know, is this person -- how is this person affected? So if I build a 12 -story garage next to a building, if it's a change in zoning, then I can see the property owner next door saying, "Hey, that lowers my property value," all right? "I can't -- "I'm looking at a" -- you know -- "12 -story wall, where before, I was looking at something else. " You know, I can kind of see that as affecting them. Mr. Adrien: I see where you're coming from now, Commissioner, and I have a couple of cases that can help with that; specifically, Carlos Estates. Commissioner Hardemon: Well, what about -- Mr. Adrien: Pichet (phonetic) -- sorry. Commissioner Hardemon: Tell me about -- Mr. Adrien: Sure; the interest, specifically. They state specifically decreased traffic safety, and they even state water pressure as an interest. They state increased population in their neighborhood school as an interest. They state noise, they state traffic impact, land value diminution, sure; that's for the owners, or -- and Renard says this: "Or in any other respect. " And so, I think a lot of these factors, except for the land value diminution, are applicable to renters. And all of those, Commissioner, factors are also, as you can see, anchored and tied to proximity; the ripple effect of traffic safety, water pressure, population in the neighborhood school are all affected -- are all connected to proximity. The closer you are to a development that has these effects on the community, the more affected you are by noise of construction that will occur over 15 to 30 years. And so, that's -- those are the concerns that Mr. Perry, although he's a renter, he has all those concerns; maybe not just one, the land value diminution. That might be tied to ownership. But all those other factors are tied to proximity to the ordinance [sic]. Commissioner Hardemon: Do you have a lease from him here? Mr. Adrien: I do not, but I could -- we -- Commissioner Hardemon: Why didn't you bring a lease for him? Mr. Adrien: Because I did not think that that was -- this is not -- Commissioner Hardemon: I mean, my question is -- Mr. Adrien: Right. Commissioner Hardemon: -- because you're saying that this person is a resident, that he's been living therefor 14 years, that he has a lease. I've knocked on those doors before, right? So my question -- City of Miami Page 183 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Adrien: I'm sorry. You haven't -- what? Commissioner Hardemon: I'm saying I've knocked -- I've physically knocked on those doors in that unit that you're describing. And so, when you are presenting that this person is a renter in that spot, I think the basic thing that you can do is to present a lease that shows that. I mean -- Mr. Adrien: I was operating upon our information and belief, but I do see your point, Commissioner, and that's something that we can recti. Mr. Kasdin: Mr. Chair? Mr. Adrien: And he's present here; he can testify to it. He has been sworn in. He raised his right hand. Mr. Kasdin: If I may, Mr. Chair -- Vice Chair Gort: Yes. Mr. Kasdin: -- respond? First, I would like to renew my objection to consideration of this matter in that FANM has previously brought a petition, been denied that petition. It would be wholly inappropriate to let them continue to shop for additional residents and come back at other times when they had that first bite at the apple. Secondarily, procedurally, we object, because it is -- we have not received any notice, whatsoever, as the applicant until we walked into this hearing this evening. We did not receive a copy of the petition, and it is -- I don't know when it was served on the City, but I don't think it has been available to the general public. In addition - - and it's compounded by the fact that their counsel, Meena dlagannath, has been at hearings on this matter -- at least four of the five hearings before the City Commission -- over the past six or seven months, so it's not like this is a surprise. And if they had a resident that was qualified, the last time they made this presentation a few months ago, they could have presented that resident as their basis; they did not. Now, that aside, let me go to more of the substance as to why this doesn't qualify. Commissioner Hardemon: But before you go there, hold that thought. As I continue to read more about 522 So.2d, 912, it seems like this is about notice. And so, that's why it kind of gets into notice of certain persons, because when you -- further on in the reading, it says that, "Because the plaintiff did not own the land when the notice was published, and because the record did not show that he was a prospective purchaser of the land in Bay Harbor, or a resident of the town in February or March of 1977, or that he was otherwise an interested person when the ordinance was enacted, he lacks standing to complain that under the circumstances, the notice was" -- that the -- "under the circumstances, the notice given was not reasonably calculated to afford an opportunity to be heard." So it seems to be that it was about an opportunity to be heard, and it was about notice. Second, does he have a driver's license on him? Ms. dagannath: Yes. Commissioner Hardemon: Can I see it? All right. You can continue. Mr. Kasdin: Mr. Chair, yes. Let me get to the heart of this matter, though. You have heard the statements of the attorney for FANM. They have talked about general conditions in the neighborhood; traffic impacts, water and sewer impacts, et cetera. By definition, as the law states, these impacts must be specific and individual to the individual. It can't be a general impact that affects everyone equally. So in City of Miami Page 184 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 the first instance, they have failed to provide one shred of evidence that shows individual impact to their purported intervenor parties, number one. Number two, even with respect to what they claim are the impacts, they are general in nature, dealing with traffic, water and sewer, et cetera. And I would point out that the City has done a full traffic impact analysis, a full concurrency analysis, and found the proposed project and the infrastructure in the neighborhood is adequate to handle the -- any impacts of this project. And it's not only been the City that's determined that. It has been reviewed by the State of Florida, as well, which has also found concurrency. So they're talking about general impacts, not specific; not one bit of evidence specific as to their individual -- Ms. dagannath: The evidence is way beyond (UNINTELLIGIBLE). Mr. Kasdin: May I finish? May I finish? Vice Chair Gort: Hold it, hold it. Mr. Kasdin: -- not one bit of evidence specific to their individual putative class members, and not one shred of expert witness. And as far as I know, lawyers are not considered experts on water, sewer, parking. Some people would say lawyers are experts on nothing, in fact. Now, I would also like to point out, as well, something even more fundamental than that. The -- Ms. Saint -Fleur lives almost one mile away from the project. Even assuming for the sake of argument that she lives there, and assuming for the sake of argument whether she owns it or not, it's almost one mile away, at 64th Street and Northwest 2nd Avenue. This City Commission has considered petitions to intervene before, and to my knowledge, has never found that someone who lives almost a mile away has status. Now, let me also talk about Mr. Perry. It is relevant that he is not an owner, because an owner has a long-term interest in a property; and so, being a renter, it is different. But there's something even more important, Mr. Commissioner -- Mr. -- members of the Commission. Remember, the standing has to be impact on the individual. And the principal impact that they have cited, without any expert testimony, without a real estate expert, without a appraiser, without a real estate economist, is rising values will impact them in terms of paying more rent. Mr. Perry lives in a rent -controlled affordable housing project, R4. Therefore, just based on the project he lives in, if there's anyone in the neighborhood who will not have an impact from any rise in rents, it's Mr. Perry, himself. So he does not have the individual impact that qualifies him to be able to have standing here. So -- Warren Perry: Can I say something? Vice Chair Gort: No. Mr. Kasdin: So -- Mr. Perry: Please. Vice Chair Gort: Wait. Mr. Kasdin: So beyond -- Vice Chair Gort: Excuse me. Mr. Perry: I need to say something. Mr. Kasdin: -- the fact that this has been tried and heard by this body, and they're shopping for people to bring before you; beyond the fact that on their -- on its face, City of Miami Page 185 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 the individuals -- one who lives in a rent -controlled property; the other, who lives almost a mile away -- do not have individual impacts, in addition to the fact that they have not been able to point to one specific fact that affects either of these individuals, and that their statements are about conditions that can only be testified to by an expert qualified in the field, be it traj5ric, water, sewer, real estate prices, et cetera, there is no basis for granting this motion to intervene, and I would respectfully request that it be denied. Vice Chair Gort: Okay, sir. What's the wish of this committee? Ms. dagannath: Can I say something? Can I respond to that, please? Please, Vice Chair. Vice Chair Gort: Yeah, you may. Ms. dagannath: May I? So we have a large number of exhibits that contain a lot of evidence that contains specific evidence. We have some specific evidence right here behind you. We have our witness here, who's willing to testes to some of the facts that are produced as evidence. These -- this traffic impact map here is actually based on the very study that Magic City did, and it clearly shows impact. And we've not had the opportunity to fully set forth the arguments that are particular to our clients. And it cannot be that it is only homeowners that have an interest in the character, the scale of their neighborhoods, the traffic, the noise -- (Applause) Vice Chair Gort: Excuse me. Ms. dagannath: -- it cannot be -- Vice Chair Gort: Let me tell you what happens. Every time you applaud, we got to stop, because we have to tell you it will prolong this, okay? So if you want to be -- and agree on something, use your hands. Thank you. Yes, ma'am. Ms. dagannath: In -- over 60 percent of Miami are renter. So essentially, if we were to say that the only people who have an interest in the character of their neighborhoods are property owners, then we're basically saying that 60 -- over 60 percent of Miami does not have a right to take part in these types of proceedings. Commissioner Hardemon: No, but it is -- the difference is that you're asking for an intervenor status, right? Everyone -- there are -- 100 percent of people own property, 100 -- if you own -- I'll put it -- If there is a property, there is an owner, right? So for the property, for instance, that he's living in, someone owns it. That someone could also request intervenor status, and in this case, they did not. So my point to you is that -- I'm not saying that -- What I'm saying is that you have to show some sort of -- even Renard. Renard talks about property owners. It says the property owner that lives "X, " "Y, if "Z. " Ms. dagannath: That's one factor. Commissioner Hardemon: Okay, that's one thing, correct, but it is a property owner. That must show an impact that is greater than the general interest of the community. And the -- and this -- the argument that you've been putting forth, without any facts that are put on the record, we're just con -- we're taking -- we're really taking your argument as fact -- right? -- because it's not as if we're presenting a witness to describe those facts that you're attesting to. And so, what I'm saying to you is that taking your argument, your argument is that if you are -- that the general City of Miami Page 186 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 interest in property -- or in rents being low, and for him, opposing counsel -- I'm sure his rent has increased over the time that he's been there, and I'm making an assumption. Has your rent increased? Mr. Perry: Yes, sir. Commissioner Hardemon: Okay, because it's affordable housing, but it's capped at a certain way, et cetera, maybe. But the point is that it appears from his particular case, especially, that his rent would not be increased exponentially, because of the development of other housing, because he is in the sort of development that the City of Miami has produced that keeps rents lower for individuals who have lower income. So -- Ms..7agannath: Rising rents go to the character of the neighborhood, and one of the things that he did testify to in his declaration is that he's worried that small businesses that he's frequented over the 14 plus years that he's lived in the neighborhood might not be able to afford to be there anymore. And similarly, he might have -- Commissioner Hardemon: Well, because it -- Vice Chair Gort: Commissioner Hardemon, please, I would like to keep this -- because two attorneys or three attorneys can be discussing this all night long. We got to come to a decision. Commissioner Hardemon: Right. Last -- about the -- about where he buys his wares from. What does a business being able to remain open have to do with your client? Because if you have more people that could spend more money, why wouldn't they be able to -- Mr. Adrien: Sure. Commissioner Hardemon: -- buy what he buys? Mr. Adrien: Well, I mean, specific -- well, different -- Vice Chair Gort: Excuse me. Mr. Adrien: Oh, I'm sorry. I thought he was asking -- Vice Chair Gort: Through the Chair. Go ahead. Mr. Adrien: Oh, sorry. Thank you, Mr. Chair. So they've asked specifically about what will impact Mr. Perry. And specifically, he won't be able to afford the goods and services that are around his neighborhood, in walking distance to his neighborhood, because buildings -- businesses will close. And secondly, I just want to clarify something that's been confused, is we haven't alleged rent concerns to Mr. Perry. Everything -- that was something that was alleged towards Ms. Saint -Fleur. But specifically, everything that was alleged towards Mr. Perry is tied to his proximity to the Magic City Innovation District. We've alleged concerns of noise; we've alleged concerns in traffic increase; we've alleged concerns in -- Vice Chair Gort: Right. Mr. Adrien: Right. And also, one thing to rebut is that this impact study was done by Kittelson and Associates. It's in the exhibits. And this data was directly derived from the Magic City Innovation District SAP traffic impact analysis report. All City of Miami Page 187 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 volumes were rounded to the nearest 10. The worse of the two directional LOS (level of service) was reported for the p.m. peak period, and all that is alleged to in the -- in our submission. And lastly, hearsay is allowed under Miami 21, which is why we've brought Mr. Perry, who's been here for eight hours -- over eight hours to testify, because the hearsay that is allowed, which is -- the hearsay which is allowed that we're bringing in through these reports, as Miami 21 specifically states, can be used to supplement or explain. Mr. Perry will testes -- can testify to the fact that he's concerned about getting around in his neighborhood through traffic. And what this hearsay short documentary is -- can do is supplement his concerns about traffic and explain those concerns. Vice Chair Gort: Thank you. Mr. Kasdin: Mr. Chair? Vice Chair Gort. Yes. Mr. Kasdin: Just briefly. Number one, it's not that hearsay is allowed. It's that the rules of evidence are relaxed. You as the judges can decide whether evidence is competent or not. But I don't want to take more time on this, other than to make two points. Number one, an additional fact that Mr. Perry's property is closest to the section of Magic City -- the northwest corner -- that is not being rezoned. The rezoning that is taking place and the land use change is farther away; not the northwest corner of the property. But most significantly, putting aside all the rhetoric, they have failed to establish any basis for an individual claim. All of their - - no expert testimony as to the impacts and effects, and each of them does not have standing by virtue of the fact that they've shown no individual effects on themselves different from that of the general public, one lives almost a mile away, the other lives in a rent -controlled building. His own attorney testified one of the main reasons was that -- that he came before you was because it could affect his rents. And finally, this body has heard significant testimony over the -- in this proceeding in prior months that contrary to saying that this will impact negatively businesses in Little Haiti, the record before you shows that more businesses have closed and left Little Haiti over the last 10 or 20 years; and so, there's less of a community, less places for people to walk. Mr. Perry: All lies. I disagrees. Can I say something? Mr. Kasdin: We would ask that you deny this and make a finding that the petitioners were not affected in a manner greater than that of the general public, and that there is no competent substantial evidence to support their position. Vice Chair Gort: Okay. Thank you. Commissioner Hardemon, your district. You're an attorney. Commissioner Hardemon: Where I'm stuck at is the individual having standing must have -- and this is just about standing, right? -- must have a definite interest exceeding the general interest and community good shared in common with all citizens. Mr. Adrien: May I help you, Commissioner? May I? All right. Through the Chair, may I answer -- Vice Chair Gort: Go ahead. City of Miami Page 188 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Adrien: -- his concern? Commissioner, I think what I want to go back to -- and Commissioners -- is the fact that Renard specifically states that proximity is a factor. It specific -- Commissioner Hardemon: It is a factor. Mr. Adrien: It's a factor. And -- Commissioner Hardemon: Right. So he's close; that's why we're talking about it. Mr. Adrien: Right. And then, the other cases, Carlos Estates, Pichet, state that noise -- we don't need an expert to testify that there will be noise in the IS year period of construction. Commissioner Hardemon: But there's noise there now. Vice Chair Gort: There's noise everywhere. Mr. Adrien: Right, but he will still be impacted by the increase of it. And traffic safety, walkability is something that he's concerned about. Commissioner Hardemon: Walking where? Mr. Adrien: All these things are specific to him due to the fact that he's close. And so, someone who's further away in North Miami will not feel the things, the noise -- they won't hear the noise, they won't have the additional traffic that's specific to him, because he lives across the street. He will feel those things. Noise, traffic impact, traffic safety, he will feel those things. Mr. Kasdin: Objection. He has already gone through all of this litany. He has failed to produce any -- Mr. Adrien: The case law says that -- Vice Chair Gort: Excuse me. Mr. Adrien: Those are factors from the case law. Vice Chair Gort: Hold it. Mr. Adrien: It's not (UNINTELLIGIBLE). Vice Chair Gort: (UNINTELLIGIBLE). Wait a minute. We need to come to a conclusion, because we could be arguing here all night long between attorneys and talking and discussing, and if not, we're going to be closing in about a half an hour - - less. Commissioner Hardemon: Right. Mr. Perry: Can I just say one thing? Vice Chair Gort: Go ahead. Go ahead and testify. Get you -- Mr. Perry: Thank you. Hallelujah. The gentleman stated that they're opposed to it, because the application was made quickly, without you seeing it, and this is the first time they saw it. Their application for a SAP for the Magic Innovation District was done the same way. It was brought out of a room by Keon Hardemon. The hard City of Miami Page 189 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 copies were passed out by Mr. Kasdin on the same day that they wanted you to vote for that project. So it's kind of similar. He's done it; now we can't do it. I'm just pointing that out. Vice Chair Gort: Okay. Mr. Perry: Thank you. Vice Chair Gort: Thank you. Mr. Hannon: Chair, I'm sorry; the speaker's name? Mr. Kasdin: Mr. Chair, that's -- Mr. Hannon: The speaker's name? Mr. Kasdin: -- a mischaracterization. Vice Chair Gort: Wait a minute, wait a minute, wait a minute. Mr. Kasdin: And in due respect, I just want to object on the record. Vice Chair Gort. Let's get this over with, okay? Please. Commissioner Hardemon: All right. So -- Mr. Hannon: My apologies, Chair. Can I get the speaker's name? Vice Chair Gort: Your name and address. Your name and address. Mr. Perry: Warren Perry, 207 Northeast 62nd Street, Apartment 17, Miami, 33138. Vice Chair Gort: Thank you, sir. Okay. Commissioner Hardemon: Right. Vice Chair Gort: You can sit down. Commissioner Hardemon: After listening to all the evidence that was presented, I don't see any true special damage to Mr. Perry that is beyond what is the normal community good. I see it as he is justly -- he's aligned like other members of the community who have the same interest in what you stated on the record. I don't think there's any special damage that he faces that's -- that we should grant intervenor status here; nothing that was put on the record. Vice Chair Gort: Okay. Mr. Kasdin: Mr. Chair, the same with Ms. Saint -Fleur? Vice Chair Gort: (UNINTELLIGIBLE). Thank you. Commissioner Hardemon: I mean, there wasn't really much put on the record about her at all, so it would include her. Vice Chair Gort: Okay, sir. City of Miami Page 190 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: So I think we have -- we have to have public comment. We haven't done public comment, unless we don't do public comment, because we've had it four or five times, but -- Mr. Kasdin: Mr. Chair, I request a motion to dispose of the intervenor status here. Commissioner Hardemon: Yeah. I'll move to dispose of the intervenor status issue. Vice Chair Gort: There's a motion. Is there a second? Second. Any further discussion? Being none, all in favor, state it by saying "aye. " Mr. Kasdin: Motion to die. Vice Chair Gort: Yes. Mr. Min: Mr. Chairman, on behalf of Commissioner Reyes, I believe he does have a Jennings disclosure to make that on June 20, 2019, he did meet with the developer and neighbors concerning these matters, and he has no impact as to his impartiality or being neutral on this matter. Commissioner Hardemon: All right. So -- Ms. Jagannath: I'm going to have to object about -- on that, because my clients -- Vice Chair Gort: Okay. Ms. Jagannath: -- have not had the opportunity to -- we haven't had the opportunity to actually present the evidence that we assembled, so I just have to put that on the record. Vice Chair Gort: You can object it, and then you can take it to court, and so on. Go ahead. Commissioner Hardemon: All right. So we're going to have public comment on PZ. 10, 11, and 12. If you are here and -- Mr. Kasdin: Did you vote? Was there a vote? Commissioner Hardemon: We already voted. We voted. So public comment on 10, 11, and 12. You have to say it. Unidentified Speaker: Huh? Commissioner Hardemon: Say, "Ladies first. " Unidentified Speaker: She could go first. Vice Chair Gort: Go ahead. Jasmine Johnson: Okay. Unidentified Speaker: Ladies first. Ms. Johnson: Thank you. Hi. Good evening. My name is Jasmine Johnson. Our ojfice is 500 Northwest 54th Street. I'm here -- I'm representing my family's company, JPM Services. We've been in the property management and real estate industry for a little over 32 years. Some background: We moved to Little Haiti -- City of Miami Page 191 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 our office to Little Haiti in 2002. Most of our properties, which is a little over 500 units that we self -manage, are between Miami Gardens, Opa Locka, Liberty City, and Overtown, of which 100 of the units -- a little over 100 are located in Little Haiti. Public speaking makes me nervous. I want to start by saying we do fully support this project. I think it's a few misunderstandings about how rental increases work, and so, I want to speak to that effect. We are excited that with a development like this, property values will increase. But even as value increases, the only thing that would change in terms of what we would pay is our tax assessment, and the way that's done is they can legally, by statute, go no higher than 3 percent. As a investor, we can legally go no further than 5 percent of a rental increase. So even if they put a billion -dollar duplex next to one of our duplexes, our rent can only change so much. But one thing my family has prided ourselves on is keeping our rental rates affordable. Even when neighbors have come into the very next duplex and did bare minimum remodels, and are charging for a two-bedroom $1,600, we've maintained the same composition of units, and kept our rental rates between 900 to 1,250. That's something we'll continue to do if Magic City does prevail and come forward in the neighborhood. Personally -- Vice Chair Gort: In conclusion? Ms. Johnson: Oh, was that it? Vice Chair Gort: That's it. Ms. Johnson: Oh, okay. Vice Chair Gort: Thank you. Ms. Johnson: Man, that was quick. Vice Chair Gort: Yes, sir. Yuval Ofir: Good evening, Commissioners. Yuval Ofir, 294 Northeast 62nd Street, directly abutting the properties in question for the SAP. I'm going to try and avoid getting into the political repartee that's happening, and that's happened at the last several meetings about this issue, because they're great for talking points and for clips and for PR (public relations), but at the end of the day, that's not really what's at issue here. I wish that Commissioner Russell would still be here so I could address him and how vehemently he argued the case for not piecemeal rezoning neighborhoods for, you know, an area like Brickell. I wish we had the same, you know, energy coming to the table when it came to a neighborhood like Little Haiti, especially -- you know, maybe Commissioner Hardemon. Also, Commissioner Reyes, I want to commend you on you taking a stand on the issue of transparency and appearances, because I can tell you, as I sat here in my seat, not wanting to give it up for eight and a half hours now, I found it very interesting that I saw all -- or at least most of the principals of the Magic City SAP, as well as the representation, wandering those heavenly hallways above you guys. That's probably just offices, nothing, you know, but, you know, I was here sitting in the hall, listening to all these other issues that I really don't have any interest in, because I wanted to be here and say my peace for the neighborhood that I've taken a part in for the last 10 years, and my family's been in for 20 years or so. At the end of the day, the issue is that developers -- and let's talk about precedent, which we talked about before. You guys are setting a dangerous precedent here where developers are getting carte blanche to use SAPS as a vehicle to -- not gentrify a neighborhood, because that's going to happen regardless. Little Haiti is in the right place at the right or wrong time. It's going to happen. There's warehouses. People are coming, they're paying attention, but we like to give developers this magical aura of coming in and changing City of Miami Page 192 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 neighborhoods. They don't do that. They just inorganically and artificially inflate the values of a neighborhood with PR, with price, and with bringing tenants by -- Vice Chair Gort: Thank you, sir. Mr. Ofir: --offering them free rents. Vice Chair Gort: In conclusion. Mr. Ofir: And in conclusion -- Vice Chair Gort: Yes, sir. Mr. Ofir: -- be cautious of the precedent that you guys are setting, because you're talking about an SAP that's one out of four; one of which that was already approved, and -- Vice Chair Gort: Thank you. Mr. Ofir: -- let's have the City do its job and create a master plan for the neighborhood that would make sense for the entire neighborhood to have a level playing field. Vice Chair Gort: Thankyou, sir. Yes, sir. Michael Clarkson: If I may, Mr. Chair? Vice Chair Gort: Yes, sir. Mr. Clarkson: (UNINTELLIGIBLE) on a good level. My name is Michael Clarkson. My address is 9745 South -- Northwest 20th Avenue. I work in Little Haiti six days a week. What I just showed you, they have failed to do. They have brought graphs and charts to convince you that this is going to be a good idea. But if you look at this thing right here that they're getting ready to bring to Little Haiti, it's not only going to affect Little Haiti; it's going to affect Miami, period. We must understand what climate change is doing to Miami. If you allow this structure to be built in Little Haiti, they're going to go throughout this City building these same structures. And these structures are carbon emissions. They are leaving footprints all over this country. It is time that you elected officials understand what we're dealing with. I wish that you would enroll yourself in some of the classes that's going on, like Clear Miami, where you can understand what is happening. We are at ground zero. If we allow this to happen in Little Haiti, if we allow this carbon footprint to be there, it -- not only will it destroy Little Haiti; it will destroy Miami. That's all I got to say. Vice Chair Gort: Thank you, sir. Mr. Hannon: Sir, sir, can I get a copy of what you handed out? Right over here, sir. Thank you. Robin Porter: Good evening. Robin Porter, 122 Northeast 43rd Street. I speak as the President of Buena Vista East Historic Neighborhood Association. We continue to be in opposition to creating this SAP for the maximum profit of a developer while residents pay the price in greater strain in infrastructure and an ever -decreasing pool of affordable housing. With very few exceptions, those in support do not live in the Little Haiti area, much less in the City of Miami. Please vote against Magic City. The granting of an SAP should be for something special that enhances and attracts residents who are already there, as well as new growth. Magic City, with a new 31 - City of Miami Page 193 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 million -dollar deal, benefits no one except the developers. And I disagree with Mr. Perry's status being denied. Mr. Perry, I spent three years living next to the Design District. I know what's coming: Construction noise, illegal concrete pours in the middle of the night, and no one's going to enforce anything. Thank you. Vote against it. Vice Chair Gort: Thank you. Yes, sir. Leroy Jones: Leroy Jones, 5120 Northwest 24th Avenue. I just want to say for the record, I was told that the company I work for, Neighbors and Neighbors Association, was -- it was said that we were supporting this project. So I just want to say, I'm not here in support of this project, nor am I here against it, and I'll tell you why. So we know development is going to happen. Nobody's going to stop development, especially when it's a lot of money involved. But what I'm concerned about is the collateral damage that's going to take place. What's going to happen to the people that's going to be priced out that's renters? Because we all know it's going to happen. The owners, the property owners, their value is going to go up, and if they're renting, guess what? If they're renting their property out to people and their value -- property value go out -- go up, you know what's going to happen. They're going to increase the people rent to cover their cost. It's going to happen. We seen it happen in Coconut Grove; it's going to happen here. It's going to happen. It's going to be people that's priced out. Some damage is going to be done. Now, how this Commission is going to minimize the damage, that's the question. How? How the damage is going to be minimized so that people who love to live there, who been living there can still have the opportunity? Because when that price go up, nobody is going to give them people no relocation money to move no place else. It's going to hap -- it's not going to happen, you know? So that's what I'm concerned about. So we know, I'm sure, it's a 99 percent chance that this item is going to pass. We know that. Not for it, not against it, but I'm just hoping and praying that this Commission do all in its power to make sure that the people -- Vice Chair Gort: Thank you. Mr. Jones: -- that live there is not bull -dozed over, because of some people here that got a lot of money. Vice Chair Gort: Thank you. Mr. Jones: That's my concern. Thank you. Vice Chair Gort: Thank you, sir. Thank you. Yes, sir. Elvis Cruz: Commissioner, I need the control people to put my PowerPoint up on the screen. So maybe while they're doing that, another speaker could go. Vice Chair Gort: Yes, sir. Excuse me. Go ahead. Mr. Perry: Oh, it's my turn? I'm sorry. My name is Warren Perry, and I'm in opposition to the Magic City -- Tragic City -- Innovation District. The benefit package, to begin with, is too small. Bal Harbour had a 400 -million -dollar development. The community benefit package that they got was 100 million. Now, we're talking about a 1.5 -billion -dollar project, and they want to give the community 32 million. They took out affordable housing, they took -- the bait and switch, to begin with. And initially, they had affordable housing and workforce housing. They want to give us 32 million to take those two components out of the project and make it an ultra -luxury project. I'm in opposition to that. We need to get more money. We need 200 million. We need -- Employment and training not guaranteed. They keep City of Miami Page 194 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 saying they going to give us employment, training, people be -- from the community be able to work. When we had the appeasement parade meetings in the community, they said that they could not guarantee that, because it would have to be up to the contractor or the sub -contractor, so that was a lie. They also said that they would be bringing in more materials to help us -- what more I want to say? -- help -- Vice Chair Gort: Build. Mr. Perry: Help the infill housing and so forth; and so, that's not going to occur. What we will see is trucks from Fort Myers, Fort Lauderdale, and Naples, and probably Chicago. Also --sorry. Thank you. Vice Chair Gort: Thankyou, sir. Yes, sir. Mr. Cruz: I'm ready now, Mr. Chairman. Elvis Cruz, 631 Northeast 57th Street. And let's go back in time to January 18, 2017, Legion Park Special Area Plan Meeting. Commissioner Hardemon, you were there that night; so was Commissioner Carollo and the City Manager, and a whole bunch of people. And there were 200 - plus members of the Upper Eastside community, and they were very unhappy, because they do not want enormous buildings invading their neighborhood. Nobody wants enormous buildings invading their neighborhood. I asked the crowd, and of the 200 plus there, maybe there were one or two in favor. It's the same in Little Haiti. Nobody wants big buildings invading their neighborhood, unless they've been bribed. And guess what? It's not about what you want; it's about what the law says. And what does the law say? Here it is. Miami 21, Section 391 (h)(10): "Flexible allocation of development capacity and height shall be allowed so long as the capacity or height distribution does not result in development that is out of scale or character with the surrounding area." So what is the surrounding area? It's one - and two-story buildings. We all know that. We've all been there. Many of us live there. And yet, somehow, people in this room would have us all believe that 25 -story buildings are in scale and character with the surrounding two-story area. That's preposterous. That makes no sense at all. You're intelligent human beings. This is illegal. Please vote it down. Here's another piece of law. This is quite interesting, 71282(c)(g). They have to provide an analysis that explains why the existing zoning is inappropriate -- Vice Chair Gort: And in conclusion? Thank you, sir. Mr. Cruz: I'm done? Vice Chair Gort: Yes. Thank you. Mr. Cruz: The law isn't always convenient, sir. Vice Chair Gort: Yes. Yes, sir [sic]. Danyehlah Green -Lemons: Good afternoon, Commissioners. My name is Danyehlah Green -Lemons. I live at 620 86th Street, Miami Beach, Florida 33141. If you would direct your attention to the screen. Vice Chair Gort: IT (Information Technology)? Ms. Green -Lemons: I have it plugged in, and I don't know what's going on. Vice Chair Gort: Let me listen to someone else while you put it -- Yes, sir. City of Miami Page 195 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Pedro Morales: Good evening, gentlemen. My name is Pedro Morales, owner of Morales Quality Work Corp. I live in 2551 16th Street Southwest, 33145 zip code. I'm here tonight because I want to say 'yes" for the project, the great project for Magic City. And I want to tell a lot of you that you have the correct position and the right time to make a great history, because in your hands, you have the key to open the door to success, growth, and opportunity for the community. Please, Commissioners, come on. Let's open the door. Thanks. Vice Chair Gort: Thank you. You ready, IT? Yes, sir. Dawson Allen: My name's Dawson Allen. I work at 5700 Northeast 2nd. The US (United States) cities with the most innovative IT industries are the cities with the greatest concentrations of homelessness. San Francisco, Seattle, Los Angeles, and New York have seen explosions in their respective homeless populations. Magic City Innovation District's SAP application has been received more collegially by Mayor Suarez' office than I would have expected, given his fervent resistance to the legacy park SAP. I suspect this flagrant difference can be explained by Little Haiti's being a black neighborhood. Magic City's colonization would accelerate the pace of rent increases in and around Little Haiti. There's a recent Zillow study that corroborates what was described earlier as hearsay, but what we all know is common sense. Affordability is a function of residents' incomes and rental prices. And the promised skill -building components, are -- everybody is going to become a techno-whiz of the project -- are not as well-defined as the loopholes in the developer's request. Please require guarantees of hyper -local hiring at living wages for all SAP applications, as well as the inclusion of a whole -- a large allotment -- like commensurately large allotment of low-income housing, and an inflation protected community benefits package, with real buying power. The figure the gentleman brought up earlier, 200 million, seems a lot more reasonable to me, given the mammoth size of the project; if not, no SAP should be granted in poor neighborhoods in Miami. Please deny the application. Vice Chair Gort: Thank you, sir. Ed Parker: Good evening. My name's Ed Parker, and I'm a commercial real estate appraiser. I was born here and lived all my live, and I've been appraising real estate in Miami for 45 years, and I'm on the City's approved appraiser list. I was asked to value the land at the Magic City property, as presently zoned, and as if the SAP is approved. My estimated value of the land as zoned at this time was $83 million. If you approve the SAP, I estimate the land value to be $143 million; that's a 65 - million -dollar increase, or about 78 percent increase. I was also asked to look at the property as -- to look at the difference in the value of the development, including and excluding the 552 affordable and workforce housing units. I did that by estimating market rent for the units, and then the affordable and workforce rents. I capitalized a difference for the total of 552 units, and came up with a value differential of about $54.5 million, just in those 552 units. Now, that's a future value that is done in current dollars, and that number should not be confused with the two indications of land value. Thank you. Vice Chair Gort: Thank you, sir. We're ready, IT? Go ahead. Ms. Green -Lemons: Hi. Vice Chair Gort: You're ready? Go ahead. Ms. Green -Lemons: Not going to introduce myself again. I'm an architect. I work near Little Haiti, and my area of expertise is urban problem -solving. I want to point out two important concepts in regards to the Magic City Special Area Plan; first of City of Miami Page 196 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 which is the neighborhood scale. I want to point out that the maximum height along Northeast 2nd Ave., at the corner on 59th Terrace, right before you get to the proposed area for Magic City, the maximum height there is at the Cultural Center, and it's only 40 feet. And then, as you trail down along the main corridor, Northeast 2nd Ave., where there's shops, local businesses, restaurants, the height really does not exceed 20 to 25 feet. That's characteristic of the intimate building pattern and lot ratio that exists in the neighborhood; also, tying to the cultural fabric and the cultural profit that exists within those businesses. Just a general note about the existing character is a reference to the gingerbread architecture character that can be seen in Big Haiti; and then, case in point is building to lot proportion. The lot ratios are between 50 to 80 feet, and the FAR (floor/area ratio) in the area, the average FAR doesn't exceed 1. 5, right? And so, when I compare this to Magic City, I want to point out the astronomical increase that would occur with buildings that are 25 stories high. That would completely disrupt the continuity of the neighborhood; a neighborhood that has an established proportion; that has an established fabric; that is also successful. Vice Chair Gort: Conclusion. Ms. Green -Lemons: In conclusion, I want you to take a good look at the diagram that I have there. It shows the astronomical proportions and the complete disruption of the neighborhood, and that it is out of scale. Thank you. Vice Chair Gort: Thank you. Yes, sir. Gilbert Placeres: Hi. My name is Gilbert Placeres. I work at 8325 Northeast 2nd Avenue. I want to start by making a few things clear that I can't believe I have to make clear in America in 2019, but clearly, I do, by the way we've been treated tonight and we've been treated in the past. Renters are people and equal citizens under the law. Young people are equal citizens under the law. Black people are equal citizens under the law. The arguments I've -- some of the arguments I've heard tonight remind me of the shock I had in school when I learned for the first time that at the beginning of this country, only landowners were allowed to vote. Apparently, only landowners have a voice in the City of Miami. The fact that when the Legion Park SAP came up and white wealthy residents expressed their voice, it was quickly shut down, and that's not happening for Magic City proves that, as well. The fact that you all have left us for last at every single Commission meeting, because you want our people to leave, because you want us to stay here all day, because you don't want the community to have a voice proves that, as well. The fact that we have to sit here and beg for meetings while we see the developers and all their buddies up there meeting with who knows who and having who knows what access proves that, as well. The City mandated two meetings in the community after the first reading. I don't why it took until after the first read meeting to --first reading to do that, but it did. You had hundreds of residents come out and speak out against the project, and how the process was unacceptable, and the benefits package was unacceptable. You had less than five people speak in support. I've seen two or three of those people wandering those halls. And it's not just those two meetings; I invite you all to canvas the neighborhood, like I have, like a lot of us here have, and you'll hear the same thing from everyone. Yeah, they've been trying to take this community for us for a long time. They've been trying to do it; they're going to keep on doing it; they're going to do what they want to do. And we ask people to come and fight, and you know what they say? "It's not worth it. The City is going to do what they want to do. They're going to do what the people with money want to do. It's all done. " It seems like from the way that we've been treated, they might have had a little bit of a point. Vice Chair Gort: Thank you. City of Miami Page 197 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Placeres: Thank you. Vice Chair Gort: Next. Jessica Saint -Fleur: My name is Jessica Saint -Fleur; yes, from earlier. If you ain't know my face, now you do. Basically, I just wanted to say that it's disrespectful, and I'm tired of y'all dismissing the 80 percent of renters that live in this area. I am -- I was -- as -- I was sitting here as Keon was basically dismissing my case, because I live one mile west of the development. That doesn't mean I'm not going to be impacted by the development, and that's -- and it's clear to see that. But, you know, whatever. That's --it's just difficult to see that y'all are belittling residents who are renters just because we don't have the access to buy land. Belittling -- and by that, you're belittling on our rights and infringing on our rights to be able to even come here and voice our opinions on these issues. So that means we don't matter? Our voices don't matter? Like, no, that should not be the case. And if you would have even been at the community meetings, you would understand and feel the intense emotions of the people in the room that do not even want this to happen. And if you think that y'all can excuse the fact that 80 percent of the renters will be affected by this, by the $31 million in the trust over the next 20 years is disrespectful, and it's a cop-out. That's -- and y'all should be ashamed of yourselves if you accept this deal as is. And I now know that a moratorium cannot be applied on this specific project; however, it should be applied to future SAPS. And as far as this specific project, if y'all decide to pass this today as is, it ain't gon' work. We gon' have to do something else, because at this point, this is ridiculous. And we definitely need to do more for the residents of Little Haiti -- Vice Chair Gort: Thank you. Ms. Saint -Fleur: -- because y'all have neglected us historically, and y'all will not neglect us and continue to neglect us today. Vice Chair Gort: Thank you, ma'am. Ms. Saint -Fleur: Thank you. Vice Chair Gort: Next. Erick On -Sang: Hi. How y'all doing? My name is Erick On -Sang, 1441 Northeast 133rd Road, North Miami, Florida 33161. So watching Tragic City come in to Little Haiti is like watching a carney show come in, selling everybody poison, and then running away. The only difference is that Tragic City's not going to be able to run away. They're going to build a giant development that'll displace the residents, who are Haitian, black, and brown. And these people will be moved into places where they do not have access to work, which has been shown through gentrification. They do not have access to affordable housing in the sense of buying property, which shouldn't even matter, because the way Hardemon was speaking about renters, it seemed as if renters were subhuman. It also seems to not be aware that when these developers did come in Little Haiti, they belittled the people. They talked about them as if they were illiterate, as if they couldn't do math; literally, words that came out of their mouth. They went there with big smiles on their face, as if everything they said or did, did not matter, because whatever -- what happened was already decided. These people are not in the interest of the community. The only people who are interested in the community are people who live there; whether they're renters, homeowners, students, unemployed. Those are the only people that matter; whether they're business owners or they work. These people definitely do not live there. These people definitely do not have any interest in aiding or abiding in the community. They do not care. And the fact that community issues are being City of Miami Page 198 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 ignored, saying that this doesn't affect the individual, is ridiculous to me. What if I have acute sensitive hearing and they want to build clubs into my city? This is ridiculous. Like I said before in the presence of some people, I said, "Champions stand for the people." And I have yet to see anyone stand for the people of Little Haiti sitting on the other side of this podium. Thank you. Vice Chair Gort: Thank you. Yes, sir. Joseph Martinez: Joseph Martinez, Il; 521 Northeast 82nd Terrace, Apartment 6, Miami, Florida 33138. I want to start by pointing out the fact that a lot of the back and forth had to do with owners versus renters. I think what politicians have to understand is that you all are in a position as public servants to represent the individuals that are in your district, and Keon Hardemon specifically, because this will affect the individuals in his district. The majority of individuals in his district are renters. And so, the complete disregard for the rights and the opinions of the individuals that are most affected can affect his political career. And I want to remind him that he has a responsibility to those that he's supposed to be representing. When Magic City comes to mind, I think about how they are ignoring the hard and tireless work of the Haitian community. Oftentimes, the way that development works is you go into a community that has built something with very little and claim that there is violence and poverty, and all these negative things happening, and, "We're going to create a development that is going to improve the neighborhood." How? It's going to displace individuals. It's going to displace the Haitian community. The fact that the presentation they had -- the districts were in French -- is a complete slap in the face, considering the tireless work that the Haitian community has done, and how they fought in the Haitian revolution in 1804 to voice their opinions and to ensure that the individuals that they're representing and the people that they put into power were voicing their opinions. I also want to say that I think this development is taking -- is ignoring a very human factor, and Miami has a very important opportunity to create development that -- Vice Chair Gort: And in conclusion? Mr. Martinez: -- takes into account the communities that are going to be affected by it -- Vice Chair Gort: Thank you. Mr. Martinez: -- and show the world that you can actually create development that does not displace -- Vice Chair Gort: Sir -- Mr. Martinez: -- and force individuals -- Vice Chair Gort: --your time is up. Mr. Martinez: -- out from where they stay. Thank you. Vice Chair Gort: Thank you. Yes, sir. Mike Hill: Good evening, Vice Chair and Commissioners. My name is Mike Hill. I live at -- or I'm with Unite Here, the hotel workers' union. Our address is 1525 Northwest 167th Street. I'm here to speak in favor of the Magic City SAP. Our union represents about 300 families that live in Little Haiti. Our members are the backbone of the entire tourism industry; they're the army that makes this entire City run. And I'm here just to state that our union's been able to execute an agreement City of Miami Page 199 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 with Magic City that will provide a path for the Little Haiti residents to actually benefit from the hundreds of jobs that will be created. Thank you. Vice Chair Gort: Yes. Thank you. Yes, sir. Dean Blackett: Good evening. A couple of folks that have come before me have commented on -- Vice Chair Gort: You name and address, please. Mr. Blackett: -- how -- I'm sorry. My name is Dean Blackett. I reside at 5824 Northwest 5th Court. As I was saying, previous commenters have remarked upon the Legion Park fight, and how the outcome there, you know, stands in contrast to what appears to be the upcoming outcome here. And it's just interesting how that reflects on who we are and what our priorities are. So in that case, west of the segregation wall -- west of the segregation fence that runs along the east side of Biscayne -- oh, I'm sorry -- east of it -- you know, you have a bunch of mostly rich white homeowners who, you know, don't want the increased noise and traffic in their neighborhoods. And this happens in a lot of other cities. There's a name for that. It's called NIMBY -ism, "Not in my backyard." And, you know, those rich white homeowners got -- they got listened to. In Little Haiti, we have a much more alarming material concern of displacement, creating homelessness, bringing in an increased police presence that is going to -- you know -- as our President says, round up some of the most vulnerable individuals. In many cases we have -- you know, we have a large immigrant population in Little Haiti who are going to be made vulnerable by -- you know, the -- by this presence. And, you know, a lot of people, as many have said, are just going to be priced out. So, you know, I just -- I mean, I know what you all are going to do, but, you know, see how you feel about doing it. Thank you. Vice Chair Gort: Thank you, sir. Yes, ma'am --yes, sir. Eddie Arroyo: Hello To the remaining three Commissioners that are on the board right now. My name is Eddie Arroyo. I live at 401 Northwest 42nd Street. I am a homeowner, and I'd like to echo my neighbors' concerns tonight about renters' right, as well. As a homeowner, I feel that renters do make up the feel and the identity of a neighborhood, and I think it's -- and the history, of course, which I feel is really important in order to speak to what -- how -- the kind of people that live there right now, and that they should be part of the economic growth; that they continue to be tottered [sic] upon from the other side. I keep hearing that development is coming, that it's going to happen regardless, but passing this SAP will undoubtedly accelerate it in a way that no one has seen, that we can only speculate, and everyone is very anxious about. And so, I know that holding a moratorium on this particular SAP is too little too late. However, echoing my neighbors' concern, this --passing this SAP is going to encourage other projects to happen, and it's going to happen in a way that is going to set precedent and affect the surrounding neighborhoods, which includes all the way to Brownsville, essentially, and those neighborhoods are going to be affected. So whatever is established here is going to be a model in a very negative way for surrounding neighborhoods. In conclusion, I'd like to state, much like my others neighbors have, to really consider how this will affect the rest of Miami, and how a mega development like this is going to really be a -- it's not going to really help the existing neighborhood in the long term. Even though people from the other side have said so, I don't feel that it's going to happen. So I'm against this Special Area Plan, and I would hope that there would be more effort to put a moratorium in the future. Vice Chair Gort: Thank you, sir. City of Miami Page 200 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Arroyo: Thank you. Vice Chair Gort: Thank you. Yes, sir. Ken Barnes: My name is Ken Barnes, and I'm a physician who practiced internal medicine and hospice medicine for over 40 years. I recently moved here from San Francisco, where I worked in the Latino area of the city, where gentrification and displacement had been the greatest. There I witnessed the health effects of displacement, and today want to specifically address the aspects of stress brought about by such action. Just imagine for a moment you are being forced to move from the house you've lived in for 40 years. You live on a fixed or minimal income. You have to move, but to where? And with money do you physically make the move and make a security deposit? And you need to leave your supportive community of friends and relatives. I'm here to represent the voices of those who are not here today; the already vulnerable people of Little Haiti; those who have suffered enough; first, in Haiti, with its political corruption, hurricanes and earthquakes, and here now with low paying jobs, and now subject to the gross injustice in housing. This is a human rights issue. People cannot be moved like pawns in a game. As a physician, I saw the direct effects of the stress patients experience with displacement; high blood pressure, with related problems of stroke, heart attack, kidney failure, and heart failure. I saw stress-induced diabetes, depression, and addictive behaviors. I saw chronic anxiety, despondency, and weakened immune system. I saw social isolation as patients withdrew from friends and family, often accompanies by feelings of worthlessness. And I saw homelessness; the direct result of this displacement, which has been well documented in many studies. Only through the inclusivity and participation of residents of Little Haiti can people begin to take back some control over their lives and lessen the stressors that are affecting them. Unfortunately, what is ruling this project -- Vice Chair Gort: Thank you, sir. Mr. Barnes: -- is money -- let me finish. Vice Chair Gort: In conclusion. Mr. Barnes: One point -- I'm just about at the end. -- is money, profit, and the loss of a moral compass. What are missing are empathy and compassion. I urge you to find your way towards a better and just solution. Vice Chair Gort: Thank you, sir. Mr. Barnes: Thank you. Vice Chair Gort: Thank you. Yes. Yes, ma'am. Jenine Joincoy: Good evening. My name Jenine, from (UNINTELLIGIBLE) 54. I can -- Vice Chair Gort: Speak in the mike, ma'am. Speak into the mike. Ms. Joincoy: Okay. I'm sorry. Vice Chair Gort: Yes. Ms. Joincoy: Commissioner Keon, Commissioner, I say good evening. I say thank you for come here to support Magic City. I'm from (UNINTELLIGIBLE) 54. I'm City of Miami Page 201 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 (UNINTELLIGIBLE) 54, (UNINTELLIGIBLE). So when I come here, I coming for support Magic City in Little Haiti. When the people --you have the young people. The job is coming is good for these people. You don't leave your kids go in the street, commit problem, give you problem. The police arrest everyday. Now I -- that's why people come here. The telling you, you have to finish today. Commissioner Kean try, and they both -- to try to make everything done, because too much traffic back and forth, back and forth. So I don't know what the people need, you know? That's why I need to support Magic City, to try to help Little Haiti, to come and better now. Please. Thank you very much. Vice Chair Gort: Thank you, ma'am. Yes, ma'am. Alisa Cepeda: Hi. Good evening. Alisa Cepeda, 531 Northeast 76th Street. So I come tonight from the neighborhood of Palm Grove, and my neighborhood's been left out. We have fought very hard. We've had many, many discussions with this team over the last year. Vice Chair Gort: Speak into the mike, please. Ms. Cepeda: I'm sorry? Vice Chair Gort: Speak into the mike. Ms. Cepeda: Sorry; very short. Vice Chair Gort: Thank you. Ms. Cepeda: Hopefully, that's better. And we are very grateful for what's been offered to us, but we don't feel that it goes far enough. We were able to, with the help of City staff, with the help of your office, with our continued pushing, able to work and to get some things into the development agreement. But, for example, I have a traffic calming study with me tonight, provided by this team. I don't need another one. I need a way to pay for it. So how, when I get a new traffic study given to me -- okay? -- I have it. I can hold it. Magic City wants to partner with us, to come back to you guys, to the City, to ask for funds to implement the recommendations in the traffic study. I'm not sure that I understand how the City is responsible for the problems that will be created by this new development, but, you know, the thing -- the -- having the financial responsibility to fix the growing pains. So I'm here tonight to ask that, upfront, we have some assurances. Our neighborhood is very small. This project is in our neighborhood. It's directly abutting our neighborhood. It's in Little Haiti, and we don't want to take anything away from Little Haiti. Little Haiti has its own issues, its own situations. But we will, too, be greatly affected by this for the next 10 years. The cars will not levitate at 71st Street. They will have to go back into Palm Grove or back to Northeast 2nd Avenue. Well, they did a great job opening up their project and creating good circulation. What happens to Palm Grove? Right now, in the 12 years that I've lived in Palm Grove, there has been one traffic improvement; one in 12 years. Vice Chair Gort: In conclusion. Ms. Cepeda: I have a traffic study, and on my street, which is 14 blocks from this project, I have 1,500 cars a day on my street. We can't take anymore, so please look out for us. Vice Chair Gort: Thank you; we will. Ms. Cepeda: Please provide us the funding to implement these things. Thank you. City of Miami Page 202 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Thank you. Yes, sir. Wendell Cayard: Good evening. Wendell Cayard, 6400 Northeast 4th, in Miami. The key to what everybody's saying is job, job, and job, in every community. The reason why we don't have so many businesses in Little Haiti is because there are no jobs to support it. Magic City is going to be providing job, providing monies to do affordable housing, money for Concerned Leaders, and for the betterment of our community. It's strange that -- and I have to say that it's like redundant. I am Haitian, and I'm proud to be Haitian. But most of these people who come to tell me, as a Haitian, that they're fighting for me, as a Haitian, they are insulting me, insulting my intelligence. We elected a Commissioner to represent us; it's Keon Hardemon. We give him the mandate to represent us, because he and his family were there many years ago; 30 years, 40 years, to help us Haitians to stay where we are. These kids, they were not even born, or maybe their parents were spraying us with a can, or kicking us. And now, they come to tell me they want to change my life, they want -- they know what's best for me. No. I know what's best for me. Magic City is going to help the community, is going to create job, and we're going to see a different vision than just roosters and (UNINTELLIGIBLE) running all over the place, with no opportunity to have jobs. Thank you so much. Vice Chair Gort: Thank you. Yes, ma'am. Briyanna Joseph: Good evening, everyone. My name is Briyanna Joseph. I live at 1450 Northwest 73rd Street, Miami, Florida 33147. I'm sure that you guys know that Miami is in the midst of an affordable housing crisis, and that this project would be in one of Miami's poorest neighborhoods. Basically, I want to ask, how can it be that this deal involves no units of affordable housing onsite, zero? And then, I also want to ask -- We only have one Little Haiti. They -- we have Brickell City, we have Midtown Miami, we have the Design District, and so on and so forth. There's so many things happening that's similar to this project. Who actually benefits from making our city nothing but luxury stores, luxury condos, luxury hotels? And how does that improve the quality of our local residents? Passing this SAP would be the beginning of the end for my beloved Little Haiti. And we only have one Little Haiti. A study by the Earth Economics Institute found that this project would further contribute to displacement, and that the cost of being displaced on a resident is over $2,200. This project would only continue to push vulnerable residents to places with less access to economic opportunity, higher transportation cost, and higher risk for sea level rise. So I ask you all to think -- you know, while I agree that the law is important, and that we should abide by the law at all times, I also ask you guys and urge you guys to think with your hearts, think with your souls. Think about everything that has to do, other than the money, and really, you know, think with everything -- Vice Chair Gort: Thank you. Ms. Joseph: -- including your brain and your heart, please. Vice Chair Gort: Thank you, ma'am. Ms. Joseph: Thank you. Vice Chair Gort: Next. Anybody in this side? Go ahead; he's setting up. David Armas: Good evening. My name is David Armas. I am a owner, landlord, a businessman. I had a business in 6300 Northeast 2nd Avenue. This is around 7, 000 City of Miami Page 203 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 square footage, and I've been therefor at least 15 years. I have seen many changes in the community -- Vice Chair Gort: Put the mike closer to you, please. Mr. Armas: -- many good ones; some positives and negatives. And I take my time to come tonight. I'm not really good for this type of thing, but I want to give my opinion. I know Little Haiti by heart. The business that I have allow me to meet many of the people, if not everyone around in the area, house by house; sometimes just by say "hi"; sometimes just by meeting with some of them. But also, what I always think is I'm a stranger. I'm not Haitian. However, I speak (UNINTELLIGIBLE) friendly, and I believe that the changes that we're about to make -- the decisions that you guys about to do will change the area forever. I believe that we cannot stop success and improvement, but we have to accommodate those who they are not fortunate. Everybody knows here that Little Haiti -- or Haiti is one of the poorest country in the world. Therefore, they're not coming (UNINTELLIGIBLE) people from there, right? So we have to consider that the leaders -- Vice Chair Gort: In conclusion. Mr. Armas: -- in there, they are not here represented. The people that you see in here, they are not the people who lived in there -- Vice Chair Gort: In conclusion. Mr. Armas: -- they are not -- in conclusion is -- Vice Chair Gort: Yes. Mr. Armas: -- that whatever decision you say tonight -- I'm 53 years old. I go to my house, and my good car. I have a good living. Make sure it was conscious and it benefits for both party. Vice Chair Gort: Thank you, sir. Mr. Armas: Goodnight. Vice Chair Gort: Yes sir. Prada Ahmad: Good evening. My name is Prada Ahmad. I work at 3000 Biscayne Boulevard. Proximity in the case law standard should be contextualized to the scale and character of the project and community. Here's some evidence about some of the watch -word effects that Magic City is already starting to have on the area. Many realtors are trying to attract investors into the area on the basis of Magic City to sites that are far, far away from the investment site. Here's a map showing the listings from multiple real estate sites, just like a quick cursory search, and you could see, you know, this area far exceeds 300 feet, 3,000 feet, one mile, two miles, three miles, et cetera. Here are some excerpts from what real estate agents are saying about this city -- about Magic City: Across the street from Club Churchill's and a few blocks away from the new Magic City development, that's on 55th Street; on 68th Terrace, located just blocks away from the Magic City Innovation District, which is already in phase one of a three-phase, 17 -acre development that will completely transform the Little River area. Located in Little Haiti, right near the new one -billion -dollar Magic City development, this area is one of Miami's fastest appreciating areas; up and coming area, next to Magic City. Investors, great opportunity. 10 minutes to the new upcoming Magic City; 18 minutes to the airport; City of Miami Page 204 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 15 minutes to Miami Beach. It is clear that other people outside of this project, outside of this Commission are seeing the effects of Magic City, and are trying to capitalize on it. You know, when you think about proximity and who is going to be affected, as you can see, the dots get close. There are more and more dots as you get closer and closer to the developed sites. Thinking about displacement and the effects on the rent -- on people who rent in the area, I can imagine it only exponentially increases as you get closer and closer. Thank you. Vice Chair Gort: Thank you. Yes, sir. Pat SantAngelo: Good evening. My name is Pat Sant'Angelo, 7100 Biscayne Boulevard, in Miami. I'm here because I've been asked to be here by several business owners in Little Haiti; namely, Piton Book Bakery, Piton Book Restaurant, Che Bebe Restaurant, Providence Community Medical Center, Florida Construction, and several others. I see a lot of people come in here, claiming to be community activists. A community activist is not -- if you're just telling us what the problems are, you're not a community activist. In fact, a good test for a phony community activist is they walk around outraged all the time. They're outraged about the traffic, they're outraged about the crime, they're outraged about the schools. They're outraged about everything. But when you ask them, "Well, what should we do about this?" they don't seem to have any answers. They're just telling us about the problems. Well, we don't need them to tell us that we have traffic; that we have crime, and we have poverty. What are you doing to fix it? So I'm going to close with the definition of an activist. An activist is not the person who tells you the river is dirty. The activist is the person cleaning the river. Thank you. Vice Chair Gort: Yes, sir. Thank you. Leonie Hermantin: Good evening. Good evening. My name is Leonie Hermantin, and I'm with the Haitian Neighborhood Center. And I'm glad that there's this sort of response to Pat, because, you know, I -- I'm -- I represent -- I also represent Clota (phonetic), and it's hard, you know, to invite people who believe in the project to come and speak, because as per the last two public meetings that were held at Notre Dame, it's clear that all the supporters of Social Justice have -- extremely intolerant about people who -- with whom they disagree, and those of us who've taken the courage to speak on behalf of the project have been labeled as people who've taken bribes, who've taken money under the table. So under those circumstances, it's really not -- you know, we really don't want to encourage those who do want the project to come, because they're going to be labeled with accusations that no one has proven, and there is no proof, of course. It's also interesting that all of -- you know, most people here speaking against the project, some of them, whether it's from -- it's Buena Vista or -- you know -- neighbor -- Upper Eastside -- were the first gentrifiers. Those of you are too young to understand that there were Haitians in Buena Vista. There were Haitians on the Upper Eastside who were driven out by the same people who are coming here to speak against the project. So, yeah, Little Haiti's quaint, Little Haiti's this, Little Haiti's that, but Little Haiti's poor. The children are about two years behind when they enter kindergarten. This has to be addressed. This project may not be perfect, but we, the Concerned Leaders of Little Haiti, have really worked hard to negotiate agreements with the developers to ensure Vice Chair Gort: And in conclusion. Ms. Hermantin: -- employment. I'm sorry, but -- so, yes, I'm here again in support of the project, and I have not been bribed. Thank you. Vice Chair Gort: Thank you, ma'am. Thank you. Yes, sir. City of Miami Page 205 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Tony Cho: Good evening. My name is Tony Cho, 120 Northeast 27th Street. I'm one of the original co-founders of the Magic City Innovation District, and I've been investing and supporting the Little Haiti community for the last 17 years. I'm not somebody who comes from a very wealthy family; grew up in a commune in Central Florida. I'm an environmental activist. I'm a community activist myself. I've been supporting the arts for 17 years since I've been in Miami. The original mission and intention of Magic City was to create a regenerative, sustainable, and community - focused project that celebrates the rich cultural and historic fabric of Little Haiti and the surrounding community. I'm an advocate for the environment, for the community, for arts and cultural, and committed to seeing the area revitalized in a responsible and regenerative way. I strongly believe that Magic City will bring economic vitality to Little Haiti, create jobs and opportunities for all; solve solutions for big issues, like climate change, sea level rise. Innovation is what we need; that's how we're going to solve these problems. We need these minds. We need this innovation to be able to transform the City. Urban renewal is not easy, but we are working with a group of very well-intentioned, forward -thinking developers that are looking to make a positive impact on the community, and leave an amazing legacy for generations to come. This is not -- has not been a profitable venture for any of the developers; it's been very challenging. So I want to just leave you with letting you know that we really look forward to working with the community on a long-term basis, and with the City, to co -create what we believe will be a beautiful city of the future together. Please support this visionary and important project. Thank you. Vice Chair Gort: Thank you. Yes, sir. Mr. Adrien: Jean -Luc Adrien, 3000 Biscayne. Mr. Vice Chair, I just have two questions as point of order. If my previous motion wasn't -- my previous request for intervenor status, was it denied by a motion of the City Commission? Vice Chair Gort: Yes. Mr. Adrien: Okay. And if so, what was the reason for that denial? I'm sorry? Vice Chair Gort: Its in the record; that it was stated during the -- The person who made a motion, he stated the reason why he did not support it. Mr. Adrien: Thank you. Vice Chair Gort: Yes, sir. Jean Borcelien: Good evening. My name is Jean Borcelien. I lived in Little Haiti for about a decades [sic]. I currently have -- my parents live in Little Haiti for over a decades [sic] now. I've seen some progress, and before -- I would like to ask you to support this project for many reasons. Number one, Magic City have been working with the community for --ever since this process has been going on. They have been making progress, working and listening to the community. I am here today on behalf of Notre Dame d'Haiti, who's celebrating this 32nd anniversary -- 33rd anniversary today. Father Reggie wouldn't [sic] be here, and also, as a member, cannot be here. I am and all of the members of Notre Dame are in support of this project. I'm asking you to -- with your expertise, with their investments, with us in the community, for -- a community for a better Hai -- Little Haiti --for a better tomorrow. I'm asking you to please support this project, and we'll work the details as they here to stay. We encourage them to invest in the community and here to stay to support Little Haiti and the future of Little Haiti to come. Thank you. Vice Chair Gort: Thankyou, sir. Yes, sir. City of Miami Page 206 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Joseph Rosier: My name is Joseph Rosier. I'm the Executive Director of Youth and Family Empowerment. We are very much connected with youth and families in the Haitian community, and I am here too in support of the project. The reason why I'm supporting the project is I have been listening to many people coming, talking against the project, but no one has presented an alternate project, okay? So if -- we cannot kill a project with just ideas. Bring an alternate, bring some alternative. Bring some alternate project to compete with this one, and I will agree with everybody. So I'm asking -- I'm requesting that the board support the project for Little Haiti. Vice Chair Gort: Thank you, sir. Next. Ms. Jagannath: Good evening. Meena Jagannath, 3000 Biscayne Boulevard, 33137. So this is very serious business. This is the second reading, and the vote that you take tonight, if you approve the project, can change the neighborhood forever. I don't come hereto --for --to have fun. I come here because there are very serious flaws with this application, and some of them are in this document. I don't know if you read the documents, but -- long, but just to summarize the glaring inconsistencies with this project and the comprehensive plan, as well as Miami 21. There's a lack of evidence to show changing or changed conditions, warranting the requested comp plan amendments, and there are very serious issues with the development agreement. One section in particular that I think you really, really need to take a close look at is Section 38 on joinder. That allows subsequently acquired abutting property to be incorporated into the SAP and to be governed by the SAP laws. Taken to its absurd conclusion, this could bring the whole neighborhood under the jurisdiction of the SAP regulating plan and development agreement. And the way that it's written, the City itself would be considered in breach of the agreement if it objects. That -- there -- and there are many other provisions in the development agreement, I think, that warrant a much closer look, and that's not even -- you know -- sort of mentioning some of the things that other folks mentioned. And we had a much more detailed presentation, and some of the experts, our architect, the appraiser, they all are experts that we brought, and we wanted to put the evidence on the record, but we were not given that opportunity earlier, so they came and spoke as members of the public. But, you know, the people who came out and stayed this long is because they're deeply concerned about their neighborhood, and you don't have to be a resident of Little Haiti to be concerned. This is an issue that's going to impact all of the -- Miami, and we really need to take a close look. Vice Chair Gort: Thank you. Yes, ma'am. Commissioner Hardemon: I just want to say to Ms. Jagannath, I know you sent this document that you passed out just now. You sent it today, around 3:40, and I've been reading it from my I -Pad, so thank you for printing it for everyone to see, but we'll read it. Vice Chair Gort: Yes, ma'am. Amanda Bazil: Good evening, gentlemen. I just wanted to come up here and say one thing. The people that you heard -- Vice Chair Gort: And you are? Ms. Bazil: My name is Amanda Bazil. I'm a resident of North Miami, but when my family came here in the '80s -- they are Haitian -- they resided in Little Haiti. And so, what I wanted to say was, the people that you've heard speaking to you today are City of Miami Page 207 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 not just loud -mouthed activists who want to be seen and heard, and who are just out here making noise. No. These are people and we are people who literally put it upon ourselves to help take care of our communities, right? Some of us have formed community gardens. Some of us clean up the community. Some of us have created safe spaces to heal our communities. So we are here today not just to make -- not just to like come here to get on your nerves, or to try to make a show out of anything, but because our lives are at stake, and our loved ones lives are at stake. And that's all I wanted to say. Vice Chair Gort: Thank you. Ms. Bazil: Thank you. Vice Chair Gort: Next. Nadjeda Cherlien: Good evening, members of the Commission or committee. My name is Nadjeda Cherlien. I am a resident of 850 Northeast 156th Terrace. Originally, I spent the last -- beginning five years of my life in Little Haiti, predominantly off of 62nd Street. What I must say is that when it comes to the preservation of a culture, there is care, and you want solutions to the maintenance, if not the preservation of said culture. When it comes to the neighborhood of Little Haiti, there isn't any preservation of culture. As a matter of fact, this development would be the destruction of a culture. I must go ahead and say that as a student of social work, I have not seen any social work initiatives implemented, and including any of the residents, renters or homeowners, included into the initiatives of the Magic City development -- or the Tragic City development, for that matter. Moving forward, I'd hope that with any project moving forward into any of these communities that are impoverished, that are disadvantaged, and are disenfranchised, some sort of social work initiative, if not a forum, should be opened for the residents, homeowner and renters, to be included in the preservation, if not the maintenance, of their culture. Thank you. Vice Chair Gort: Thank you. Yes, ma'am. Sagine Talny: Hello. Sagine Talny, of 100 Northeast 84th Street. I just wanted to say that we described -- I think a gentleman earlier explained what an activist is, and I want to tell you that I, along with these people here, these young Millennials that are all here tonight that have been waiting hours to speak to you, have been in our communities. We're in our communities every day, educating them on what these people are trying to do to their communities; not these people. And that's not our job. Our job is to make sure that this community is educated; that this community has a voice; that this community can progress. And this is not what these people are concerned about, because they're not standing there with us when we're going door to door, sweating in the sun, to ensure that these people know about the services that are available to them at our organization, to know that we are here for them in the event of them getting liens on their homes; the people that I talk to every single day that have liens on their homes; the people that I talk to every day that have three-day eviction notices, because the owners of their house decided that they wanted to go to an investor, who paid them off, so that way, they have to be kicked out. And it's unfortunate that their voices are not heard here; that their voices don't matter; that you're telling us that renters don't matter. That hurts, because we are all renters. And hopefully, maybe one day we'll become homeowners and businesses owners, and have value to you in order to have a stand in this neighborhood. But this is really, really sad. And, you know, I guess the title is correct, "Tragic City." Tragic City must fail. Vice Chair Gort: Thank you. Yes, sir. City of Miami Page 208 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mallory Karuderer: Good evening. Mallory Karuderer, Miami Beach; offices at 6200 Northeast 2nd Avenue. I'm the Chairperson of the Little River Business District Board, and the President of the Downtown Little Haiti Stakeholders, and the largest commercial owner on -- in the Downtown Little Haiti Cultural District; properties on 54th Street to 64th Street. I am in support of the Magic City project. I do have some comments that I wish to be heard on concerning a couple of details of the project. They put together a great development team. I congratulate Bob Zangrillo for having the cojones to put his money where his money where his mouth is and do this. And I am very pleased that he brought in Plaza and Neil Fairman and his crew to be a developer and build it. It's a good project. It brings a lot of different aspects to the area that we need. My two comments are on behalf of my district members. We do not support the 10 liquor licenses. We think that's excessive by right, and that should be tempered. I don't know how that should be tempered exactly. I'll leave that to the Commission. But I believe that that's excessive, and their by -right -automatic liquor license is different from what we have in the Downtown Little Haiti Cultural District, where we need to go through the hoops, and I think Magic City should go through the similar hoops to get those licenses granted; that's number one. Number two, the distribution -- sorry -- the schedule for the monies of the $31 million really should not be tied to exclusively when they pull a building permit over a certain level. It should be tied to a timeline, so the organization, the trust that's been intelligently set up by this Commission, which can do things for the community to improve both housing and connectivity and street improvements, and all the other things that are needed -- the social services, as the young lady mentioned -- that needs to be tied to some sort of a reasonable timeline. So when the building permits aren't pulled within a certain time period, money begins to be paid annually so this trust can organize itself and prepare itself, and plan; without it, it won't be able to. Those are my two comments, and I ask that you approve the project -- Vice Chair Gort: Thank you, sir. Mr. Karuderer: -- with those two changes. Vice Chair Gort: Thank you. Yes, ma'am. This will be the last speaker, and after this, we'll close the public hearings. Vivian Azalia: So am I --? Vice Chair Gort: Anybody that's going to speak, please, let's line up. I mean, we all have been here for hours and we still have two more cases outside waiting for us, and we'd like to get it done. Yes, ma'am. Ms. Azalia: So my name is Vivian Azalia. I am not going to share my address, because you all didn't share your address. Vice Chair Gort: You don't have to. Oh, I can give you mine. 2666 Northwest 14th Avenue, right in the ghetto. Ms. Azalia: But I also want to share that I know it's been said before about being a social activist and all that, but I just want to say I am a social activist, been a social activist for six years, but I'm also a founder of a community arts program. I'm also a master student in economics. So all of those things, no one's -- it's like a one- dimensional person, right? I also want to bring up like some historical information about --or like not even historical; just like the intersections. When we usually talk about like improvement and development, it's usually aligned with like improving and developing when it comes to like bringing in white folks to a community. But City of Miami Page 209 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 like what about improving and developing a community when black folks are in a community or when Latino folks are in a community, or when it's actually going to impact the people that need it the most, right? Because we're talking about this development, and we're talking about this development, and at the end of the day, it's going to bring in white folks to come to this community and thrive, 15, 20 years from now. Right now, the community that built this up -- that built this community up is the Haitian community. I just want to bring back a conversation that Keon and I had at a restaurant in Little Haiti -- or Buena Vista. When I asked him was he going to go to a community meeting, he said it wasn't his place. And that stuck with me for a really long time, and it's been maybe like a month and a half since you said that, and it's just so interesting that you say that. So, like what is your place, actually? Because in 2017, when we were hit by Hurricane Irma, the City didn't do absolutely anything. And I remember the social activists feeding over 20, 000 people in the City of Miami. And I remember for hours, going around the City of Mia -- not even the City of Miami -- specifically, in Little Haiti, for four days, feeding people, going around with emergency response people, checking in on people, and it was -- there was just no support from the City of Miami. So it's just very ironic, the correlation between like improvement, development, money, resources. It's always tied to like when white folks are involved. And I feel like you're really just a puppet in all of this, Keon -- Vice Chair Gort: Thank you, ma'am. And in conclusion. Ms. Azalia: -- so, yeah, I just wanted to bring that up. Thank you. Vice Chair Gort: Thank you, and thanks for the work you do. Sandy Dorsainvil: Good evening, everyone. I'm Sandy Dorsainvil, 5930 Northeast 2nd Avenue. I consider myself a child of Little Haiti. I attended formerly Archbishop Curley, Notre Dame High School. And I worked in the community since I was 16 years old. I'm now 42 years old. So I've been in Little Haiti for many, many years and I've seen the evolution of this community, and I love to see all these people here, whether they agree with the project or not, because they're taking part of Little Haiti [sic]. But what scares me as I listen to all these young, smart, intelligent people talk about this project is that they're speaking with such emotion and with such -- with their hearts. And unfortunately, for those of us who have worked in Little Haiti and have toiled in Little Haiti, our kids and our families and our businesses can't thrive on emotion, and they can't thrive on your hearts and your feelings. They need money; they need new buildings; they need new roads; they need job potential; they need training. All these things are part of the long-term goal. So as I stand here supporting this project, I ask all of you who are not supporting this project to not only reconsider, but just think about your long-term gain and what you're planning to do in the long term, and what lane you're going to run in, in the long term, because your community needs you not just to talk about what's wrong, but to help them figure out what to do to fix it, and to stick through till the end, because the long-term goal is for our children to be successful in this community, and to benefit from what's happening. So thank you so much. Vice Chair Gort: Thank you, ma'am. Yes, ma'am. Gepsie Metellus: Good evening, Mr. Chair, members of the Commission. My name is Gepsie Metellus. I serve as Executive Director of Saint La Haitian Neighborhood Center, and I'm also a founding member of Concerned Leaders of Little Haiti. And so, with that, first I'd like to say that I stand in support of this project. I stand in support of this project for many of the opportunities that we believe can accrue to the community. We stood as Concerned Leaders of Little Haiti to sit and negotiate with the developers, with all of the principals, to ensure that we would have a benefits City of Miami Page 210 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 package that enables us to mitigate against the impacts -- the devastating impacts that the project may or will have. And so, those impacts will be to ensure that current residents of Little Haiti, who choose to remain in Little Haiti, will have the opportunity to remain there; that current entrepreneurs will have opportunities to blossom, to grow, and to prosper; that students will have opportunities to learn, to thrive, to have scholarships, et cetera. We have invested time and energy to ensure that we would stand in support of the folks who are there now, such that they know does not offer us a seat at the table to ensure and to guarantee that what we've stood for is actually going to benefit the community. One of the lessons for me this evening is that now that my office is in North Miami, after having been in Little Haiti for many, many years, I realize now that where we failed as a community is that we did not sufriciently remind people that in order to have a stake and apiece of geography, you needed to make sure that you buy something when you can, because when you buy, you have that power of ownership, that pride of ownership, and you have the stakes that can compel you to sort of ensure that people will not do anything against your interest. Vice Chair Gort: Thank you, ma'am. Ms. Metellus: So when you have property -- Vice Chair Gort: Thank you. Ms. Metellus: -- you have the -- and I'm not finished. Vice Chair Gort: Thank you, ma'am. Well, look -- Ms. Metellus: One more comment, because -- Vice Chair Gort: -- everybody's had two minutes. Ms. Metellus: -- one more -- Vice Chair Gort: We got waiting -- Ms. Metellus: -- quickly -- Vice Chair Gort: --people waiting outside. Ms. Metellus: And so, I'm offering that we then will sit with the City leadership to figure out how we then provide -- Vice Chair Gort: Thank you, ma'am. Thank you. Ms. Metellus: -- opportunities for those people -- Vice Chair Gort: Thank you. Ms. Metellus: -- who need the affordable housing -- Vice Chair Gort: Thank you. Thank you. Ms. Metellus: -- that we're talking about. Vice Chair Gort: Thank you. We will. Thank you. City of Miami Page 211 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Metellus: Commissioner Gort, Commissioner Gort, I would not prolong this if this was not necessary. So what I'm saying, what I'm offering you -- Vice Chair Gort: I understand that, ma'am. Look -- Ms. Metellus: -- all of you an opportunity so that -- to sit together -- Vice Chair Gort: Fine. We got it. Ms. Metellus: -- so we figure out how we (UNINTELLIGIBLE) -- Vice Chair Gort: And if you will sit down, we'll work all together as a team. Ms. Metellus: Thank you. Vice Chair Gort: We got a lot of problems throughout the whole City, which we have to work on. Yes, ma'am. Yes. James McQueen: My name is James McQueen, Chief of Staff for Commissioner Keon Hardemon. In the almost seven years that I've been here, I've never come to this mike to address it, but a young lady came up earlier, and made some comments about the efforts of the City of Miami and this Commission during the hurricane. And Commissioner Gort, Commissioner Russell, the Mayor, and my boss, Commissioner Hardemon, went outside the call of duty during the hurricane to serve the City of Miami. They were up 15 to 20 hours a day and night. Commissioner Hardemon, in particular, was without lights for almost two weeks, with a newborn baby. And for -- I will not stand by and allow anybody to say that the City of Miami did not meet their obligation as it relates to its citizens in that time of crisis. Thank you very much. Vice Chair Gort: Thank you. Yes, sir. (Applause) Vice Chair Gort: No. Come on, guys. We got to apply the rules to everyone. Dulce Barnes: Okay. Hi. Vice Chair Gort: Yes, ma'am. Ms. Barnes: My name is Dulce Barnes; 1882 Northwest 22nd Street, 33142. That's in Allapattah. That's if anybody was wondering. Vice Chair Gort: You're my neighbor. Ms. Barnes: Yeah. Vice Chair Gort: That's good. Ms. Barnes: You're my Commissioner. I've been therefor a really long time, too. The community of Little Haiti has been showing up time to time again, and I feel like you guys don't understand how exhausting this is. We don't do this for fun. To actively let you know that they're against the cultural erasure that they're like literally going through right now, the fact that tonight, I have seen you guys invalidate renters, activists; Jessica, because she lives a mile away, is so ridiculous tome. The fact that you have allowed the developers' attorneys' voice to hold more weight than the actual people that systematically struggle is just disrespectful. But I City of Miami Page 212 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 don't think I'm surprised, like at this point. I'm going to end it short and sweet, though. We had two community meetings, right? Two? And the community, like I said, actively came out and let you know what they wanted, whether they were for the project or not. What have y'all changed in your plan? What have you changed? Absolutely nothing. Thanks. Vice Chair Gort: Thank you, ma'am. Yes, ma'am. Marleine Bastien: Good evening. Vice Chair Gort: Excuse me. Before you continue -- Ms. Bastien: Yes. Vice Chair Gort: -- who else wants to speak? You're going to be a speaker, sir? Okay. You'll be the last speaker. Yes, ma'am. Ms. Bastien: Good evening. Vice Chair Gort: Good evening. Ms. Bastien: Marleine Bastien, 100 Northeast 84th Street. We had over 50 members here earlier. They came in a bus. They waited for hours and hours. Unfortunately, we had to send them back home, because they'd been waiting for so long. Some of these members -- as a matter of fact, most of them -- attended two community meetings that Commissioners -- you Commissioners asked Magic City to organize. They came en masse, and they expressed themselves very quickly. They expressed their concerns about the impact that this mega billion -dollar development will have on their lives. There were 150 people, homeowners, renters, business owners, artists in the first meeting. One spoke in favor of this mega development. I spoke with Commissioner and I spoke with the Mayor and some of you, and asked, "Why weren't you there? You should have been there to hear the passion in the voices of these people, and what exactly they asked of Magic City. " They sat there. They pretended to be writing notes. At the second meeting, there were 145 people. Three people spoke in favor of Magic City. Most of them, most of the people who testified that night, they spoke -- they expressed grave concerns against the project. The three people who spoke in favor of Magic City was one consultant, his friend, and one person who already made a deal. I'm saying this to say this: The homeowners, the renters, the business leaders, the business owners and business leaders who came, who attended these community meetings, they told Magic City exactly what they wanted for their communities; exactly. When you look at the package, was any of their demands included, like affordable housing onsite? No. Does that mean that their voices are not important; that their voices do not matter; that they're not -- do not matter? I'm going to end by saying that I attended the meetings that -- at Legion Park over a year ago when residents came out to protest a development in their neighborhood; mainly white homeowners were there. We were there, Commissioner were -- was there, his Chief of Staff was there, the Mayor was there. What did you guys do? You placed a moratorium on their SAP; you did it. You listened to their voices. I'm going to conclude, Commissioner Gort, by saying, what is the double standard in the treatment of these two neighborhoods? For the white homeowners speak -- spoke against and they expressed concerns about a mega development in their neighborhood. You listened to them. When the residents and business owners of Little Haiti spoke, and you ignoring their voices? Vice Chair Gort: I'm giving you an additional moment because of the -- Ms. Bastien: Yes, sir. Yes, sir. City of Miami Page 213 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: -- work you have done, and I know your leadership in (UNINTELLIGIBLE). Ms. Bastien: Yes, sir. I'm concluding. I'm concluding. Vice Chair Gort: Thank you. Ms. Bastien: I'm going to conclude by saying that we've always said that we're not anti -development. We're not -- when -- at the first community meeting, I told Magic City, "We're not against you. However, we are against the process, and this deal that was cut is not acceptable, and that you need -- Vice Chair Gort: Okay. Okay. Ms. Bastien: -- to listen and heed the voices of the people -- Vice Chair Gort: Ma'am -- Ms. Bastien: -- because the voices of the people -- Vice Chair Gort: Thank you, ma'am. Thank you. Ms. Bastien: -- is the voice of God. Vice Chair Gort: Thank you. Ms. Bastien: Thank you so very much. Vice Chair Gort: Thank you. Commissioner Hardemon: Mr. Chairman? Vice Chair Gort: Next. Commissioner Hardemon: Mr. Chairman, I want to say -- I want to make one comment in 20 seconds. Vice Chair Gort: Excuse me. We have to recess for a few minutes, because at midnight, they have to change. Commissioner Hardemon: In five minutes or now? In five minutes? Vice Chair Gort: No. Commissioner Hardemon: Three minutes. Okay. I want to say something before we go to the next comment in 20 seconds. There have been -- we've been -- a lot of talk about Legion Park and the Legion Park SAP, and why that SAP was treated the way that it was. The difference between the Legion Park SAP and this SAP was that the Legion Park SAP needed City of Miami park space in order to have the acreage to have an SAP. And so the -- what happened there was that -- it wasn't because people were white and they were all homeowners. It was because the City residents and the City Administration thought it was smart to say, "No, you cannot use City of Miami parks to add to your acreage in order for you to have the benefit of an SAP by your own land. " So that's the difference. Vice Chair Gort: Ready? Okay. City of Miami Page 214 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Hannon: No, no. Sir, if we could recess now, I just need to -- Vice Chair Gort: Oh, okay. Mr. Hannon: --for the clock to strike midnight and then we can start up again. Later... Commissioner Reyes: Back in session. Vice Chair Gort: Yes, sir. The gentleman is -- you ready to speak? Erick Jules: You said I'm the last person, right? Unidentified Speaker: No. I'm speaking, too. Vice Chair Gort: Oh. How many more are going to speak? Okay. That's it, right? The three of you and that's it. We'll close (UNINTELLIGIBLE), because we got other cases. Yes, sir. Go ahead. Mr. Jules: Good evening. Good evening, Chairman. Good evening, everybody. Vice Chair Gort: Good evening to you, sir. Mr. Jules: And I really appreciate that, because you take so many hours to wait and to listen to your community. Vice Chair Gort: And your name is? Mr. Jules: Pastor Erick Jules; Pastor, One God in Two Person First Baptist Church, 495 Northwest 77th Street. One thing I would like you realize, when you see one pastor or priest, we have thousands people behind us. So there is some game, I would like you realize that. Sometimes you can see one man. He have a lady, his wife. The man cannot take care of the lady. When you see any other man come to take care of that, what he going to do? He against that. So Magic City cannot do everything the people want. If I got some bread in my hand, someone tell me, "Throw the bread, I want to see the better bread you give to me. " So I would like you realize that. There is so many game. The people can be -- said, "I against that project, " and they don't have nothing, they cannot do nothing, they going to -- left us the way we are. So I'm coming to support Magic City for that project. Please support them for me. May God bless you. Vice Chair Gort: Thankyou, sir. Yes, sir. Jean Souffrant: Good evening. My name is Jean Souffrant, a member of Notre Dame d'Haiti Catholic Church, 110 Northeast 62nd Street. Father Reggie could not be here, the pastor of Notre Dame d'Haiti, the immediate neighbor of Magic City, the members who would mostly be affected by this project. Notre Dame d'Haiti is a 5, 000 -member church, and Father Reggie is an avid supporter of this project. Why? Because Father Reggie has been in the community for a long time. He sees what many community leaders have stood behind, and he understand what development means for the community of Little Haiti. As Pastor Jules just mentioned, Magic City, I don't think, is proposing itself to solve every problem that Little Haiti has, but it is - - Magic City is committing to furthering Little Haiti in the map, where it's at. And I want you to be very -- I want you to keep your eyes open from all the noise that you're hearing from a lot of different people, because one of the thing that I've City of Miami Page 215 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 learned in the time that I've been in the community, in the Haitian community, is that a lot of time, people want something and they hide behind something else. Little Haiti needs to be developed. And a lot of people will not want Little Haiti to be developed, because then they don't get to do what it is that they do. So I want you to keep your eyes open, to be very smart about the decisions you're making for that community, because if you don't make it, then it will not be developed. Magic City is not the perfect organization, but they are doing everything that they can to work with the community. Thank you. Vice Chair Gort: Thank you, sir. Yes, ma'am. Alana Greer: Alana Greer, 3000 Biscayne. I'm an attorney representing FANM, as well, with the Community Justice Project. I want to make three quick points; one's history, one's math, and one is a procedural note. History: I heard today the developer say, "Urban renewal isn't easy. " That phrase is so deeply concerning, knowing the history of what urban renewal has done not only to Miami, if you look at Overtown, but all over the country, how steeped in displacement and horrific outcomes for communities, particularly communities of color. So I just want to say that if that's the vision of this project going forward, we should all be deeply concerned. Two, math: I just want to reiterate some of the things that were said today. This project stands to gain $65 million in value tonight when you vote tonight. The community is poised to gain $6 million as a result of that. The money (UNINTELLIGIBLE) is illusory. Unless development permit -- excuse me -- building permits are actually requested, that money is not going to materialize, and may never materialize, because they may never build to that height. $60 million is going to come out of residents' pockets who are being displaced by this and other forces of gentrification, and that's a conservative estimate. And finally, $54 million, that's the amount of money and value that the affordable housing and workforce housing onsite, those negotiated away would have cost. Math does not add up here. And finally, I just want to make a procedural note. We have some concerns and I want to put on the record an objection if the -- there's been changes made to the development agreement that have not been noticed as part of this. That was our understanding recently from the discussion here as to whether or not that can be voted on. So I would just like a clarification of that, if possible. Vice Chair Gort: Thank you, ma'am. Ms. Greer: Thank you. Vice Chair Gort: Okay. We'll now close the public hearing. Commissioner Hardemon: Before we hear from staff, I want to make acknowledgement to someone who has sat along with us where he did not have to, and at every moment that passed by, I expected him to leave, but he did not; and so, it's important that I recognize this individual, because I think it goes to some of the things I'm going to say this evening regarding this project, and potential partners that Magic City has and its efforts that you've contemplated in your agreements. And so, I would like Dr. Jaffus Hardrick to stand. He is the President of Florida Memorial University. He has been here since 2 o'clock, when this issue should have been heard for public comment, and he has sat here this entire time. Of course, those of you who read the development agreement know that he is instrumental, because there's conversation about the partnership that must occur with the Innovation District and a institution of learning. And if I have anything to do with this, I would propose, unlike the usual suspects that we've always partnered with, that this development agreement and the Innovation District partner with the Florida Memorial University, because, of course, it gives -- first, it's the only historically black university that is in South Florida. It is one that is growing. Most recently, it City of Miami Page 216 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 just started anew football team. That's important, because South Florida has a rich tradition of producing athletes that play football, and they are going to other places outside of South Florida. They are so talented that they are taking places that didn't have football in the past; places like UCF (University of Central Florida); places like FAU (Florida Atlantic University), and making those powerhouse football teams. And so, I think that what he's doing at Florida Memorial University is adding to its ability to retain and also attract new talent to the university. I think this can be apart of doing that. Also, as well, I know you all haven't forgotten about the Bob Zangrillo Scholarship Fund, because I haven't. And so, I think -- when we thought about how it is that we can actually create this scholarship fund, I remember initially, I said something to the tune of $500,000, but I'll settle for 250. I meant that. And so, I think that we can accomplish that by creating an endowment fund at a place like Florida Memorial University, at Florida Memorial University that can be used for people who are especially from the Little Haiti area to attend university at Florida Memorial University. I understand there may be some objection, possibly, to how we go about getting those funds, the timing and so, but, certainly, I think the initial contribution of $100,000 and then 50 maybe each year, or 25 each year thereafter to continue to add to that fund will make sense. I want to stop there, because I don't want to continue to get into any further details that I've been thinking about and that kind of have caused me much stress and heartache. I wish the doctor -- if the doctor were still here, he would know how much projects and issues like this cause stress to all of us, especially those who have to make the tough decisions when it comes to it. And so, what I'd like to do is have our Administration -- Do you want to say something first before I allow our Administration? Okay. Then I'll let our Administration present -- basically frame the issue about what we're dealing with here, especially when it comes to scale, height, and what the SAP is, what the current zoning is, what that means for development at that site, what could actually be there as of right; and then, so that we understand what the options are as far as going from building as of right to actually creating a space through an SAP. So I'll acknowledge you, Francisco Garcia. Francisco Garcia: Thank you, sir. Francisco Garcia, Planning Director. And just to check with you on something procedurally -- Commissioner Hardemon: Pull your mike up, please. Vice Chair Gort: You got to speak in the mike. Mr. Garcia: Yes. Thank you, sir. Thank you for that reminder. So let me then, I guess, first set the stage, and then I think it'll be helpful, at least to understand how to situate and conceive of this project as a potentially transformative project in a beneficial way for the community. I have to first point out, because it has not been mentioned, and I think has been entirely missed, the fact that the land in question is predominantly -- I'm going to say the overwhelming majority of the land, roughly 75, 80 percent of the land is presently zoned exclusively for industrial uses. Right? The zoning designation is DL "D" stands for "district," and it happens to be District]. But again, what you would expect to see there, if this land were developed to its highest and best use, would be essentially 110-, 112 foot high structures, which would be industrial in nature and whole industrial uses. Commissioner Hardemon: How tall is 110 square feet? Mr. Garcia: Roughly equivalent to 10 stories. Commissioner Hardemon: 10 stories. City of Miami Page 217 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: The reason those buildings have not been built and are nowhere near being built is because, quite frankly, although Miami was once an area that was thriving in terms of manufacturing and other industrial uses, that reality has ceased to exist, and there really is no demand presently for industrial uses, to any discernable extent, in the City of Miami. I'll mention parenthetically that we internally in the Planning Department struggle frequently with how to best position and best maintain and best preserve whatever little industrial land is left that's still workable, because the market isn't there for it, and we're experiencing that on a daily basis. The reason I say that is it has been brought up a number of times, and it's fair comment, that the character of the area presently, the surrounding area, is mostly populated by two-story buildings, and that this site should equate to that reality. That's not the zoning there today and that's not the re -- the foreseeable reality for the site, and cannot be the foreseeable reality of the site in the future, so that's the first point I wanted to put forth as a frame of reference. The second point is that as pertains to the land, the area surrounding this particular site, although there may be predominantly two-story structures, it is presently zoned for mostly five -story structures. Once again, the reason there aren't five -story structures there now all around is that the fact -- the area is -- has not really been the subject of a significant amount of redevelopment. The building fabric, the buildings that are there now, are mostly older buildings; some exceptions, but mostly older buildings. And what we seek to try to do in the Planning Department and generally in the City of Miami, throughout the City of Miami, is to position the land that we have, precious little land as we have presently, to be developed in a manner that is most efficient, both for the citizens and for the City. The lower the density is, the lower the development is, vis-a-vis the capacity of the land, the more -- and you'll, I think, be sympathetic to this -- the more the City tends to spread out, the more unmanageable and wasteful it becomes. That is a basic planning principle that I wanted to take a moment to put on the record. I think it's worthy of note. That said, what is being proposed here today is a Special Area Plan, and the Special Area Plan is a device, a tool that is intended to accept development proposals for large aggregations of land, because what we have here today is approximately 17 -- almost 18 acres -- and the intent is to take that land that has been aggregated -- it is all contiguous -- and try to make the best use of it; not only to have it developed properly, in a manner that will, hopefully, favor the general area and have it provide economic development opportunities, which it should and it must, and I think it will -- we'll get into that -- but also, to the extent feasible, to repair the City fabric to the extent that it has been broken. And what this project does in part -- there certainly are more merits, and we can get to them, as well -- is to begin to re -stitch together the various blocks that exist as part of this land, because otherwise, the transect is completely fragmented and inefficient. So land that is presently private land will be converted into public means of access -- public right-of-way, essentially -- that will help re -stitch the fabric of the community together, and when developed, will allow everyone to really move forward, back and forth in a more effective way. In addition to that, one of the requirements of the Special Area Plan and one of -- I think the best benefits that are usually proffered as a result of a Special Area Plan is it is required that they proffer and they work out and they present, in terms of the Master Plan, a very well-defined program for public spaces and community amenities. And a significant portion of this proposal, should it be approved today, is that an entire east -to -west corridor -- once again, re -stitching the community -- be enhanced and improved, very specifically set forth according to conditions in a manner that is open to the public, beneficial to the public, and they essentially serve as amenity spaces for the community. I emphasize, 'for the community," meaning public spaces to serve everyone, with no restrictions attached. Now, once those expenditures are made once those improvements are made, clearly, there is an intent -- admittedly so, clearly so -- that the development surrounding these areas is development that can both activate these zones, activate these spaces, and also serve as opportunities for the community for employment, for living, for office, or -- have a variety of uses, a City of Miami Page 218 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 mix of uses that make a community healthy, as opposed to the monolithic set of uses that are available today, which are essentially just industrial. So with that, what I want to say is this is a -- an opportunity for change, an opportunity for redevelopment, an opportunity for community development, economic development that I think we'd do well to consider. We will get into the merits of whether it's well calibrated or not; that's certainly fair comment. With that, Commissioners, what I'd like to do -- and I ask for permission to do so -- is to ask the applicants address what I would consider to be essentially the four major issues that you left us with as a result of the first reading, and they have to do essentially with the payment for the contributions that have been committed to already; they have to do with specific arrangements as pertains to the partnership sought with an educational facility to activate the Innovation District component of this plan. Well, and I'll simply defer, I think, to the applicant to make those points. And I'm certainly going to be available to answer any questions you may have. Mr. Kasdin: Thank you, Mr. Chair, members of the board. Neisen Kasdin and Ben Hardrick, representing the applicant, here as well is the managing principal, Neil Fairman and his team. It is a privilege to be able to be here before you on this second reading on this project, which I think will be one of the great projects in the City of Miami. We have -- I know you have all seen the presentation that has been made before, so we'll not take your time to share that with you. But what I will focus on are the four items that this Commission, when this package passed on first reading in March, specifically asked us to work on. One was, of course, having additional two community -- there were many, many community meetings -- but an additional two community meetings, which were held at Notre Dame d'Haiti. Secondarily, we were also asked to work closely with the Concerned Leaders of Little Haiti, many of whom you heard this evening, to refine any of their requests. And in fact, we had made some additional refinements to their requests, which have been submitted to you last week, and have been submitted to the Clerk. It includes such things as including the name, "Little Haiti, " in any materials related to the project. It includes hiring opportunities for those who may have had criminal convictions in the past; things to improve opportunities in recognition and profile in the Haitian -- Little Haiti community. We have proposed that; they have accepted that; the district has accepted; the Planning staff has accepted it. Now, very significantly, one of the things we were asked -- I believe it was by Commissioner Reyes -- was to look at -- can we step up the rate of payment towards the $31 million in the Community Benefit Fund for Little Haiti, a Little Haiti Trust Fund. And, yes, we have been able to do that. Planning staff has worked out an -- a stepped-up schedule, which will result in payments being received much faster into the fund, so that is another change, and that change is included, that modification. In addition, we were asked, I think principally by Commissioner Hardemon, to look at solidifying the commitment to a connection with a post -secondary education institution. And it is a privilege to see the President of Florida Memorial College here -- University -- Commissioner Hardemon: University. Mr. Kasdin: -- excuse me; shows you how old I am. Commissioner Hardemon: There used to be a FAMC (Florida Agricultural and Mechanical College), as well, so I understand,• State college (UNINTELLIGIBLE). Mr. Kasdin: I'm showing my age. I'm sure you weren't even -- Commissioner Hardemon, I don't think you were born when it was called "College." And in any event -- and so, in respect of that, language worked out with Planning staff, as well. We have come up with significant criteria so that the top universities and local universities are guaranteed for a long period of time participation and a place in this project, and that language is before you, as well. One other thing, as well, is Neil City of Miami Page 219 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 and his team have also agreed to provide $250,000 over 10 years as scholarships for educational opportunities that will promote and further the training of young students in the fields that relate to what is going to be developed at this property; the tech arts, and other related industries. And so, those are additional items that we have put in, in response to what has been requested by this Commission. And I would just like to say that it is also, I know, particularly with respect to the affordable housing and provision of affordable housing, we're providing a much larger pot of money, a much more accelerated payment plan, and Neil Fairman is already out there working on identifying sites and opportunities to make this a reality. One other thing I'd like to note, as well, for the record is that there is -- there was a Code violation on one of the properties, 365 Northeast 61st Street, that actually resulted from some un permitted construction that was done prior to their acquisition, which was recently discovered. And we are agreeing as an additional condition that within 90 days of approval, that those un permitted additions in those buildings -- that structure will be demolished. I just wanted to put that on the record. So that's -- Vice Chair Gort: Commissioner, you're recognized. Commissioner Reyes: Yes. Mr. Kasdin -- Mr. Kasdin: Thank you, sir. Commissioner Reyes: Thank you. I'm going to be very brief, because it's late, and -- but I've been reading that -- when you mentioned affordable housing, your proffer is -- 7 percent would be 60 percent of MAI (median area income), which is for people that -- they have an income of $33, 000 or so. And the rest, which is 14 percent, it is what is -- which is a misnomer -- is called "workforce." That is 120 percent, according to your offer, of County MAL That is for people that makes over $67 -- $67,000. I think that being in the place that it is, it's not providing affordable housing for the population. I will request that, if possible, to lower the percentage of AMI (area median income), and don't call it "workforce, " because that's a misnomer, and make all of them affordable, and go below 100 percent ofAMI. Mr. Kasdin: Well, Commissioner -- Commissioner Reyes: And it's 14 percent. You know, you are using -- 14 percent of the housing, it is going to be on 120 percent of AMI. It should be the other way around, yeah. I mean, if we're going to do affordable housing, the lowest AMI -- percent of the AMI is the one that should be the highest -- Unidentified Speaker: Right. Commissioner Reyes: -- number of houses. Mr. Kasdin: Well, Commissioner, two points. Number one, as you might remember, originally, there was going to be a particular percentage or payment based on workforce and affordable. Then there was a -- I think the leader -- Commissioner Reyes: I know. I do understand. Mr. Kasdin: -- leadership -- we went to the 31 million -dollar fund. Commissioner Reyes: And -- but that -- City of Miami Page 220 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Kasdin: You will -- Commissioner, you will control and the Trust Fund will control the affordability. So if you want it to be and the Little Haiti Trust wants it to be a lower AMI, that is perfectly fine. Commissioner Reyes: But then, what you're doing is you -- in exchange for offering affordable housing is the $30 million. Mr. Kasdin: Correct. Commissioner Reyes: So then what -- you have it like at -- I mean, I read it, that it was a proffer, and I said, "Damn, these people are also proffering percentage of accessible" -- I mean affordable housing. Mr. Kasdin: And you can -- and we welcome your leadership and guidance in setting whatever the appropriate income levels are. Commissioner Reyes: Okay. Commissioner Hardemon: May I, Mr. Chairman? Vice Chair Gort: Yes, sir. You're recognized. Commissioner Reyes: There's a motion? Commissioner Hardemon: Not yet, no. I just -- First, there were not many people that spoke today that talked about what things could make this deal more acceptable; however, over time, those things were proposed. And we know from our last hearing, as Mr. Garcia put on the record, there were a number of things that we left with you. And so, I will tell you that to see an increase in the acceleration of the payments is good, because one of the biggest worries that I heard from the community was that there'll be a significant amount of time before we actually get any sort of real payment. And so, because the dollar amount was, you know, around $4 per square foot, and it continued to be that throughout the term of the agreement. And so, now, to see an acceleration of those payments, starting off at $4 or so, and increasing past $10 per square foot as time moved on is a good thing. I will tell you, as well, that I know that you included language that talks about -- and it is inclusive of -- Florida Memorial University, where you say, "The top 25 regional institutions. " And I understand there's value in choice, but what I would request and the sort of amendment I will make to this would be that -- I can see you having that choice as far as who you choose to partner with, but then I also want you to partner with them. And so, what that means to me is that you have two institutions; one that is of historic significance to people of color, and one that is whomever you choose; or it can be that one institution. Why? Because I think that it would do a tremendous good to create a partnership that shows and exhibits the excellence in institutions that are not of what is traditionally accepted by a majority of students in the United States ofAmerica. And so, I'm a product of a historical black college and university; a product of public schools in Miami -Dade County. I had the opportunity to also attend school at the University of Miami. And I will tell you personally, the most dynamic students that I've ever competed with were at the campus of Florida Agricultural and Mechanical University. And I say that without any doubt, whatsoever. And so, the reason I'm telling you is that -- is because there are -- there's a tremendous opportunity for continued partnerships with institutions like that that will do good, and will show not only their excellence, but those who reside in South Florida, why that university should be an option for them if they're considering other institutions, as well. So I would hope that you are amenable to that sort of -- that agreement. And another thing: I heard the description -- I mean, we talked about Mr. Fairman, but I didn't hear Bob's name. I didn't know if you City of Miami Page 221 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 were kind of switching them in or out or if you were kind of inclusive of each other. You can step to the lectern, if you'd like. And so, the first question: Were you juxtaposing the names, or is that something different? Neil Fairman: Pardon me. I didn't understand the question. Commissioner Hardemon: Right. Are you -- the Bob Zangrillo Scholarship Fund, is that the same thing as what was --? Mr. Fairman: I thought the Bob Zangrillo Scholarship Fund was in gest. What we're doing is -- Commissioner Hardemon: It was not. I was very clear on the record that it was not. Mr. Fairman: -- we're doing the Magic City Scholarship Fund. Commissioner Hardemon: That's fine, too. That's fine. Mr. Fairman: Okay. Commissioner Hardemon: That's fine. Mr. Fairman: And we will commit $250,000 to that. In addition to that, we plan on having several universities, and one of them will be the university that you are suggesting. Commissioner Hardemon: Thank you. However, what's most important to me is the initial contribution for an endowment for scholarships, because at the end of the day -- right? -- if a student want to go to Miami -Dade, it's very easy. It is very accessible for them. Miami -Dade can compete. If you wanted to go to FIU (Florida International University), very easily accessible to the students who are from South Florida, and their population is also growing. The University of Miami, maybe not so much accessible. Commissioner Reyes: No, not at all. Vice Chair Gort: Not only that -- uh-uh. Commissioner Hardemon: Right. I mean, I'm saying that. Vice Chair Gort: That doesn't work. Commissioner Reyes: That won't work. Commissioner Hardemon: It's also much more expensive. And then you have other institutions as well. And so, the one thing -- and I grew up in Liberty City, so I'm a Liberty City kid. And I'll tell you -- and I spent my --between my 10th grade year and my 11 th grade year living on campus at Florida Memorial University, at a program called -- and it just escaped me, and I know somebody knows it. Zachary? Unidentified Speaker: It's called Black Male College. Commissioner Hardemon: Yeah, Black Male College Explorers Program. Let me tell you, I was more of a troublemaker than anything. I always had a decent amount of intelligence, but I was still a troublemaker. But I will tell you that that was my first collegiate experience. It was my first time on campus, in a dorm, responsibility, et cetera. And even though I was in South Florida and I was from South Florida, City of Miami Page 222 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 they made us stay on campus, as if we were out of State. And so, it's ironic that even with that experience, I don't know many of us who went to, you know, Miami Northwestern Senior High School that were considering Florida Memorial University. And there have been significant improvements in the university since I've been there. And so, the reason that I'm saying that is that I like to have a way that benefits you all, of course, but as well, benefits students who may not have the option of going to their first -- I will -- I'm going to say this with a caveat, because people will say this about -- even about FAMU (Florida Agricultural and Mechanical University). There are some people who did not choose HBCUs (historically black colleges and universities) as their first school of choice, and there are many of us who did. And so, I was one of those people that did turn down more scholarship money, predominantly white institutions, to go to an HBCU. And I did not know at the time that I was in high school making that decision that people thought so disparagingly about historical black colleges and universities; especially people of color. And so, what I'd like to do is create an opportunity to encourage children of color from South Florida, especially from Little Haiti area, to consider a place like Florida Memorial University. And I know that having endowment funds that provide scholarships for those students is something that makes sense for those individuals. There were some individuals here earlier from -- they were in law school, and they described the trouble in paying rent and working, and I think they were working with Ultra at the time. But you really can see how money plays a big difference. And I don't know what they put in these books nowadays, but they are very, very expensive. Right? A $500 book is a lot of money, right? And every student who's grappled with trying to make ends meet has tried every which -way to reduce that cost, from not buying a book to making physical copies in libraries -- which we're not supposed to, but we do -- to finding the PDF (Portable Document Format) form to borrowing it from a friend of theirs. But, I mean, they really make it work. And so, what I would ask is that your initial contribution be a symbolic contribution to the Endowment Fund of an institution that stayed here with you throughout this evening. Mr. Fairman: If we could commit to $250,000 to the university -- universities -- at $25,000 a year, and I would particularly -- if you would agree -- like to have it for students who are interested in technology, so we can get them back into Magic City. And of -- while they're going to school, be able to work with them in Magic City to continue -- I won't say it'll only be for them, but I'd like to give them the priority, because we'd like to see them living in Little Haiti afterwards, at Magic City. Commissioner Hardemon: I don't mind -- and I'm sure he wouldn't object, Mr. President, to -- If you'd like, please, take one of the lecterns. Mr. Fairman: Incidentally, we've been -- since we had the last meeting, we visited Florida Memorial University. We've talked with -- Corey? -- Corey Witherspoon, and we've requested some information from them. We're waiting for what they've sent us -- or to send us something. But this was about a month ago, so we've been making inquiries. We realized at the last meeting that you felt that that was a good thing to do, and we're ready to commit to that. Commissioner Hardemon: Right. And so, Mr. President, do you have any words to say about the request for making it about students who are interested in technology? Jaffus Hardrick: Commissioner, thank you so much for the opportunity to speak. Commissioners, thank you all so much. I know it's late, and thank you so much for your commitment to higher education. So let me tell you, we have a very strong computer science engineering programs; you name it. Business, finance, accounting, cyber security. We have all of those degree programs. And we -- our students are committed to excelling in those areas, because I push them, because I know the value and the future still. So I don't know what it is that you were City of Miami Page 223 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 expecting from Mr. Witherspoon, but I would be more than happy to have a conversation with you this evening, but I'll make sure that whatever information you need from us, you'll have it by next week. Mr. Fairman: Well, I look forward to working for you --working with you over the period of the next 10 years, and we look forward to having you at Magic City also, so that your students, when they're finished some of their university, they can get involved and come into our incubators and our accelerator program, and we can actually have them eventually living at Magic City and working in the area in technology. Mr. Hardrick: Thank you so much. Commissioner Hardemon: It must not be lost upon you, though, what my expectation is. I know you're talking about 10 years, and I imagine that means you're looking at $25,000 per year. What I'm asking you to do is that to --at least four of those years to make -- to coin -- to make that contribution sooner than later. Now, look, what that means is that I understand. It -- the rest of the payments still could be made over 10 years, if you'd like that, which means that you'll have a break year two, year three, year four, until you come to year five. But what I'm saying is an endowment; to make an endowment an endowment, you need $100,000. Mr. Fairman: Granted. Commissioner Hardemon: Thank you, sir. And this has nothing to -- you can have a seat. Some residents that came from -- I want to say this: Some of the comments that were made on the record by individuals who came in opposition of this project were not lost on deaf ears. There is a study that came out many years ago called "The Widening of Miami, " and that study basically talks about -- I remember the young lady was -- yeah, I think it was the young lady in the blue dress that's standing behind you from 3000 Biscayne Boulevard. It talked about what it really meant -- today, we use the -- how can I put it? -- The "clearing of slum and blight" was a coin, was a term of art that usually meant moving black people from one space to another. It was the -- I think the most extreme example of that in South Florida, in Miami, was Overtown. I think that there's no -- no one can object to that. And still today, we're trying to do our best to remedy the effects of what that -- what happened in Overtown. Even when the Liberty Square Development was built, you know, the white community that was around Liberty Square objected to it. They did not want that project built in their community. They said it was going to reduce property values, et cetera. And mainly, its main objection was because they were people of color. And I want all of us to think about that, because what happens in communities is that when time passes, the pain that we've felt from being rejected, because -- for me, I'm a person of color -- because I came into a neighborhood; didn't matter if I was educated or not; that my parents were educated or not; if I had money or not. It was the fact of the matter that because I was a black person that I did not deserve to live next door to someone else who was white. And what's happening today is that that same argument is being made, but against whites. It's saying that because these people are white -- doesn't matter if their values are the same; it doesn't matter if they're from -- if they share -- if they believe in the culture; it does not matter about all these things. It's just saying that white people who earn more money should not be able to move into our neighborhoods, and I don't feel that that is a true statement to make, and it's very interesting, like, when you think about people of color in certain places. If I told you that I had a --my best friend was African, you would picture him to be a black man. But just because you're African does not mean that you're black. Just because you're Jamaican, just because you're Haitian, just because you are from any of these places that are traditionally associated with people of color does not mean you are colored. My grandmother has been living in City of Miami Page 224 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 the same house for a very long time. Our family initially came down to South Florida in 19 -- about 1955, and they went down to the Grove area, and then quickly migrated back up towards Liberty City. And our first home was a rental community called James E. Scott Housing Projects, and we lived there for many years. Family was so big that we had two units right next door to each other. My grandmother gave birth to 15 children, all from the same man, and we lost him in about 1984, and my grandmother was still living in that space. And so, growing up disadvantaged, in rental housing, in public housing, I know firsthand what it means to try to pull yourself up through a community, but then also remain attached to it. And that's why my family has always been around and fighting the good cause on the behalf of those people who cannot fight for themselves, and so, I'm no different. And the reason I bring that to your attention, though, is because Liberty Square is being redeveloped. James E. Scott Housing Projects was redeveloped; wasn't -- it wasn't a proud project, the way it all came out, but nonetheless, it was being redeveloped. Housing standards in these areas where people do not have a lot of money must be improved. You go right now, even across the street from Notre Dame d'Haiti, there's shotgun houses there; that the condition of the houses is deplorable. I could probably hug the frontage of the house with both of my arms outstretched. The houses --where you can clearly see that the foundation of it is greatly tilted. I mean, these are structures that you watch people live in every single day; glass windows, no bars. I -- that's not a standard of living that anyone should be living in, in the City of Miami. And so, you know, it's important that when we talk about, "What do we want for our community?" that we think about how a great influx of capital to make improvements on housing is important. So the City of Miami has to do its part, because it hadn't done it traditionally, and that's why we ended up passing the $100 million Affordable Housing/Economic Development Fund; to give us an opportunity to put money back into these neighborhoods and say, "You deserve safe and sanitary living conditions at no cost to you." And it's important that we understand that because of the history of these communities that we have to continue to make that investment. And so, I remember when we named Little Haiti, "Little Haiti, " which had been an effort for such a very long time, that was greatly opposed by a number of people. There was a pastor who looked me in my face and said, "Well, that's fine. So we've named Little Haiti, 'Little Haiti,' but you've given me an envelope with no money in it. What good is Little Haiti if we don't have any money to make this community better?" And I told him, "One step at a time. We have to first have the envelope; a mechanism in which to accept funds. And then from there, we'll try to put money into that envelope in order to make that community a better place." And so, this project that did not have to contribute $1 to that community -- did not have to -- is doing so on its own merit. And so, do I want more money than $31 million? Sure. Is there more money than $31 million that's possibly available? I believe so. And so -- but I will tell you, $31 million to be used exclusively for the Little Haiti community is the most amount of money that any neighborhood has ever gotten in the history of the City of Miami. And it'd be our -- I know some of you, your minds said, 'period," if you really believe that, but you don't have to admit it, but it is; it really, really is. And so -- but there are additional funds that are available. So, for instance, there's another $19 million in develop -- what is it called? -- impact fee -- development fees that's also apart of this whole Trust that's the -- is caused by this. And so, when I think about the Palm Grove community and I think about Little Haiti, my first thought is, what should we do with that money to continue to pour into that neighborhood? because the need is significant. And so, what I would propose to my members on the board -- on the dais, is, because this is an extraordinary matter, in an extraordinary place, that the impact could have an extraordinary effect still not greater than that of short-term vacation rentals, because if you think that your rents are rising because ofprojects like this, I would dare to say different. I would dare to say it's going because of the influx of short-term vacation rentals, where you're not going to have anyone living next to you; only vacationers, who are going to greatly reduce the number of units that you have available to rent. And I think they wrote City of Miami Page 225 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 about that in the Miami Herald. They got that right. But -- so what I would propose is that 19 -- what is it? -- up to $19 million? -- that 2 million of those dollars go towards the Palm Grove Neighborhood for -- what is it called? They had a term -- it was traffic -- Vice Chair Gort: Calming, traffic calming. Commissioner Hardemon: -- yeah, traffic -- it was traffic calming, parking, et cetera, because it's -- it will have an effect upon that neighborhood that includes a bunch of homeowners that are there. And also, you know -- and the balance of those funds, all 100 percent of those funds that is left, which is about up to $17 million -- be used exclusively for affordable housing in the Little Haiti community, so those funds will be deposited, as well, into the Liberty -- I'm sorry -- into the Little Haiti Community Revitalization Trust; those funds earmarked exclusively for affordable housing. It's important, because we know that the City of Miami does have land that we can continue to build housing on, and we can also use those dollars to help improve the living condition of the residents who live in Little Haiti, because they need that help. What happens is that if there's a significant amount of influx of those dollars that can affect that area, then we can spread the need or the dollars that we have in other places to other places. And so, because of all these things that are put together, everything that was described on the record by Mr. Garcia, a fund that is upwards of $48 million for affordable housing, economic development in Little Haiti -- Commissioner Reyes: Excuse me, sir. Commissioner Hardemon: Yes. Commissioner Reyes: You're saying that all the impact fees -- Commissioner Hardemon: I know. I know it hurts. I know it hurts. Commissioner Reyes: No, no. It hurts? No. It -- I think that we should -- and we shouldn't decide that now -- Commissioner Hardemon: I know it hurts. Commissioner Reyes: -- and -- no, no, it hurts. Oh. You know -- Commissioner Hardemon: But listen -- Commissioner Reyes: -- you remember that song, "It hurts, it hurts so bad"? Commissioner Hardemon: Listen, listen -- but listen, I will tell you this -- right? I will tell you this -- Commissioner Reyes: I mean -- Commissioner Hardemon: --Commissioner, no, no, I understand. Commissioner Reyes: Sir, there is other needs also. We have to talk about that. But I don't want to make any commitment right now over that. We have to talk about it. Commissioner Hardemon: And the reason I'm asking you is this: This -- and I will tell you this, and I'm going to kind of reach beyond this: Little Haiti has been slow to realize any impact fees, first. City of Miami Page 226 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Sir, I know -- Commissioner Hardemon: Wait. First, I know you believe in the cause. I know you believe in the cause. Commissioner Reyes: Yes, sir. Commissioner Hardemon: And I'm going to ask you to support me here, only because of this -- Commissioner Reyes: Sir, I support you on the $30 million. I support you when you got some million dollars for this, some million dollars for that. I support you on that CRA (Community Redevelopment Agency). You know, I feel -- Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Reyes: -- between 2 and S, you get everything, and we are the stepsons. We are the -- come on, what's the matter? I mean, the other -- I mean, I love you, man, you see. I really love you. But man -- Vice Chair Gort: We're about to lose quorum. Commissioner Reyes: -- we got to discuss this a little bit more. Okay? Commissioner Hardemon: Listen, I didn't want -- listen, I want -- Commissioner Reyes: And we're not going to make a commitment today. Commissioner Hardemon: -- to remind you -- right? Commissioner Reyes: Yeah. Commissioner Hardemon: -- that the Chairman wanted to discuss that park impact fee -- what is it? -- like $4 million this morning? Commissioner Reyes: Yeah. You got me (UNINTELLIGIBLE). Commissioner Hardemon: And I was like, "Ah, no discussion. " Vice Chair Gort: 4 million, by the way. Commissioner Reyes: And I want to remind you that the first million dollars that we got from -- in lieu of housing -- Commissioner Hardemon: Yeah. Commissioner Reyes: -- you got it. Commissioner Hardemon: I hear you. Commissioner Reyes: And I was the one that worked it out. Commissioner Hardemon: That's true. Commissioner Reyes: Hey, listen, man. Let's talk about this later on, okay? Commissioner Hardemon: Come on, man. City of Miami Page 227 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: No, no. Come on, man. Commissioner Hardemon: Can I -- could I have half of it right now? Commissioner Reyes: No, sir. We'll talk about it, you see? Commissioner Hardemon: It's for affordable housing. Commissioner Reyes: You know what? You are very convincing. Are you -- have you ever thought about preaching? Commissioner Hardemon: No, no, no. That's not my call. Come on, give me -- listen. Commissioner Reyes: Brother, I love you. I back you up, but I got needs, too, man. Commissioner Hardemon: Okay. So let me do this: Put half of it in the City's Affordable Housing Trust Fund and half of it in the Little Haiti -- Commissioner Reyes: The City doesn't have a Trust, you see? Commissioner Hardemon: Yeah. Commissioner Reyes: You know, now we're going to get $100 million in -- for affordable housing. Then I know you're going to get --you want your fair share of that, too? Commissioner Hardemon: No. Commissioner Reyes: Oh, no. Okay. Well, I'll take yours. Commissioner Hardemon: No, no. Okay, let me be clear. Vice Chair Gort: Gentlemen, gentlemen -- Commissioner Hardemon: No. Vice Chair Gort: -- we're going to lose quorum. Commissioner Hardemon: All right. Vice Chair Gort: We're going to lose quorum. Commissioner Hardemon: Okay, okay. Well, then, vote with me and let him vote against it. Commissioner Reyes: Okay, let's vote and we talk later on. Commissioner Hardemon: So I'll be clear what my motion is. My motion is everything I made on the record, including the -- Commissioner Reyes: Can we talk later on? We're going to spread the wealth, don't worry. Okay? Vice Chair Gort: Okay. City of Miami Page 228 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Okay. Vice Chair Gort: My understanding is your motion is the impact fee to be utilized in that area. Commissioner Hardemon: Yes, 100 percent of it. Vice Chair Gort: Well, my understanding, the idea -- Commissioner Hardemon: Well, seven -- Vice Chair Gort: -- of an impact fee is to work in those areas; make sure we have the roads and the facilities to -- Commissioner Reyes: Well, it's going to be used for infrastructure. Commissioner Hardemon: Well, a hundred -- I wanted 17 million, 100 percent of it to be used for affordable housing. Commissioner Reyes: Let's do half. Let's do half, and the other half where it's most needed. You see, I got roads that are --they need it. You got roads that they need it, too. Commissioner Hardemon: Okay. $9 million to -- $8 million to the --for affordable housing, the way that I described it through the Trust, right? Commissioner Reyes: Okay. Commissioner Hardemon: 100 percent of the $8 million for affordable housing, and $1 million towards traffic calming for Palm Grove. Commissioner Reyes: And the rest, it will -- Commissioner Hardemon: And the rest goes to -- well, we'll decide another time. Commissioner Reyes: Man, let's decide -- Commissioner Hardemon: The rest we'll decide another time. Commissioner Reyes: -- this right now. The rest goes to Flagami, Shenandoah, and Little Havana. Commissioner Hardemon: That's the Little -- and that's the Trust Fund, right? Commissioner Reyes: No, that -- I mean -- Commissioner Hardemon: I mean, that's the -- not Trust Fund; I'm sorry. That's the Commissioner Reyes: It goes for infrastructure. Vice Chair Gort: Housing Trust Fund. Commissioner Hardemon: -- Housing Trust Fund, right. Commissioner Reyes: Housing Trust. City of Miami Page 229 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: I'm with -- I'm fine with that. Commissioner Reyes: Okay? Mr. Min: I'm sorry, I -- Vice Chair Gort: Now, all it is, is the impact fee, right? Commissioner Reyes: That's right, impact fee. Vice Chair Gort: It's not -- Now, how long do you think it will take before we can collect the impact fee? Commissioner Reyes: About 21 years. Vice Chair Gort: Okay. I just want to make sure. I want to be realistic. Commissioner Reyes: That's right. Vice Chair Gort: You have a motion -- Mr. Min: Mr. Chairman, can I clarify what the proposal is? What I think it is, is $8 million -- what usually would go as impact fees. Instead, that would go to the affordable housing in Little Haiti. $1 million will go to the traffic calming in Palm Grove. The remaining of the impact fees will go to the other districts that were mentioned today. And also, to clarify, that total amount is approximately $19 in impact fees. I'm assuming all those impact fees are not coming in at one time. Commissioner Hardemon: Right. So -- Mr. Min: So how do you wish to distribute those as they come in? Commissioner Hardemon: -- to Little Haiti first. Mr. Min: So would it -- be in other words: Little Haiti first, then the traffic calming, and then the rest of the districts? Commissioner Hardemon: Well, it -- Palm Grove, I mean, it's part of that Little Haiti community, so, yeah, Palm Grove has to be able to actualize some of those monies, as well, in the beginning. So Little Haiti first. Say, when Little Haiti at least gets half of its money -- it's about development, so it's really about the number -- the square footage of the property. When --staff, we need your professional guidance. When you believe that the calming is needed because of the new development that we start to implement that calming, up to $1 million, from this. Of course, there could be further funds later on from the City, but that's the way we will do [sic] about it. But you want -- I want to exhaust the immediate area where this impact is happening first before we do everything else. Mr. Garcia: That's a different approach, yes. Mr. Min: Okay. And then just to be -- again, just to clarify. So PZ.10, which is the land use, if adopted, would go as is, with no changes; PZ. 11, which is the Special Area Plan, would be adopted as is, with no changes; PZ. 12, which is the settlement agreement, would have changes, which includes the handout that Mr. Hardrick passed out, as well as the additional changes concerning the scholarship and the impact fees we just discussed; is that correct? City of Miami Page 230 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Let me ask you a question. The scholarship -- Commissioner Hardemon: Oh, yeah, and waiving the Transportation Trust Fund over -- it's like 20 -- over -- I think it was 100, 000. Unidentified Speaker: (UNINTELLIGIBLE) thousand. Commissioner Hardemon: Whatever the amount is. There's a Transportation Trust Fund donation that must be made -- Unidentified Speaker: Right. Commissioner Hardemon: -- for fees that come in that's beyond a certain number. I want the motion to include a waiver of that, because of the nature of the sort of investment that we're making here. Mr. Min: And then, unfortunately, I need to read titles into the record. Mr. Garcia: And if I may, one more housekeeping item, if I may. I'll remind you briefly that there was a pending item that we need to work -- we needed to work out with Tallahassee as pertains to a finding of consistency. The accelerated schedule of payments for the housing renders the plan proposed consistent as pertains to the affordability component of this project. I just wanted to place that finding on the record. Commissioner Hardemon: Thank you. Now -- Mr. Kasdin: Mr. Chair -- Commissioner Hardemon: -- I don't have to say that on the record. Well, I'm sorry. The waiver of the Transportation Trust Fund, I can make that as a separate motion. Mr. Min: We can include that as an exception to the legislation. Commissioner Hardemon: Okay, all right. Mr. Kasdin: Mr. Chair? Vice Chair Gort: Yes. Mr. Kasdin: Following up on Mr. Garcia's last comment, that is specifically, Mr. Garcia, with respect to LU -4.1 and 4. 11, which is the goal policy and objectives in the City's Comprehensive Zoning Master Plan. Mr. Garcia: Which was the sole finding of inconsistency at the time; that is correct. That is correct, yes. Mr. Kasdin: Thank you. Vice Chair Gort: I have a question. Not everybody wants to go to college, but there's some trades that have better salary than a bachelor. So, you know, all my scholarship that I put in for all those years, I give them the option if they want to go to college or they want to go to a trade school, and I think you should give the opportunity to some of the individuals that want to acquire a trade; a lot of good trade schools. Commissioner Hardemon: Well, they're certainly going to need -- City of Miami Page 231 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: I don't know if the university will be able to do that. Commissioner Reyes: Yeah. Commissioner Hardemon: They're certainly going to need some trades in order to work with Magic City. Commissioner Reyes: Yeah. Commissioner Hardemon: Because I would dare to say that anything Cirque du Soleil-like is probably not something -- I mean, I think Florida State had a good circus, but you don't see too many of them, so. Commissioner Reyes: Yes, and I do agree with the -- you know, I was a teacher until last August, and one thing that I realized is that we're training everybody to go to a university, and we need to get more people on trade, and trade schools are very important, so think about that. Maybe you can partnership -- have a partnership. I mean, Dade County Public Schools, they have very good trade schools, which is -- and maybe we can get more people in trades that -- some of them -- let me tell you, a plumber makes more than a teacher. Vice Chair Gort: A roofer. Commissioner Reyes: A roofer, they make more than teaching. So we should get people also into trade school, try to (UNINTELLIGIBLE). Mr. Hardemon, how was the division that you made with the funds? Is it clear? Am I getting some? Commissioner Hardemon: I made the motion. Was there a second? Commissioner Reyes: Okay. But I want to see how you divided the pie. Please tell me again. Commissioner Hardemon: I told you, I'm not going to be fighting -- Commissioner Reyes: You going to --? Commissioner Hardemon: -- for -- I honestly believe this, and I'm being honest here. I'm about fairness. And any time that I receive -- I received a lot of benefit to my district, and I appreciate that. I appreciate the support that the members on this dais have always given me any time I went out and fought for those benefits, which is why I also give you that same support when you're fighting for those districts -- Commissioner Reyes: That's right. Commissioner Hardemon: -- and that's why I'm willing to do this here. Commissioner Reyes: Okay. You made the motion and you divide it already? Commissioner Hardemon: Yes. Commissioner Reyes: Okay, okay. Okay, sir. Thank you very much. Yes, I second his motion. Commissioner Hardemon: Okay. Can you read it into the record? Vice Chair Gort: Okay. There is a motion. Is there a second? Is there any further discussion? City of Miami Page 232 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Min: Mr. Chairman, would you like me to read all three titles at once? Vice Chair Gort: Yes, sir. Mr. Min: Thank you. Commissioner Hardemon: Yes. Mr. Min: PZ. 10 is: The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Hardemon: One second, one second. I overlooked something. Within the -- what is it? -- within 90 days that you're going to make the contribution to Florida Memorial University? Mr. Fairman: 90 days is fine. Commissioner Hardemon: 90 days is fine. Great. Mr. Min: Thank you for the clarification. PZ. 11. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ. 12, which we adopted as amended: The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: Thank you, Mr. Chairman. Vice Chair Gort: Okay. There's a motion and a second. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Vice Chair Gort: This is on all three of them that you read. Commissioner Hardemon: That's correct. Vice Chair Gort: Okay. Now, we have some items that we have to take care of. Mr. Kasdin: Thank you very much. City of Miami Page 233 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PZ.11 ORDINANCE Second 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 AND INCORPORATED 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 "T6-12-0," 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. ENACTMENT NUMBER: 13849 City of Miami Page 234 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. A motion was made by Commissioner Hardemon, seconded by Commissioner Reyes, and was passed unanimously, with Chair Russell and Commissioner Carollo absent, to deny intervenor status to Warren Perry, Family Action Network Movement (FANM) and Jessica Saint -Fleur, pursuant to Section 7.1.4.3(d) of Miami 21, for Items PZ. 10, PZ. II and PZ. 12. For minutes referencing Item PZ.11, please see Item PZ.10 and "Planning and Zoning Order of the Day." City of Miami Page 235 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 PZ.12 ORDINANCE Second Reading 4716 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT Planning AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND SUBJECT TO ANY CONDITIONS OF THE SPECIAL AREA PLAN APPROVAL, 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, 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 EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND SUBJECT TO ANY CONDITIONS OF THE SPECIAL AREA PLAN, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 236 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 ENACTMENT NUMBER: 13850 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. A motion was made by Commissioner Hardemon, seconded by Commissioner Reyes, and was passed unanimously, with Chair Russell and Commissioner Carollo absent, to deny intervenor status to Warren Perry, Family Action Network Movement (FANM) and Jessica Saint -Fleur, pursuant to Section 7.1.4.3(d) of Miami 21, for Items PZ.10, PZ.11 and PZ.12. For minutes referencing Item PZ.12, please see Item PZ.10 and "Planning and Zoning Order of the Day." PZ.13 ORDINANCE Second Reading 5900 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM 76-8-R," URBAN CORE TRANSECT - RESTRICTED, TO "T6 -48A -O," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Gort, Carollo, Reyes, Hardemon NAYS: Russell Note for the Record. For additional minutes referencing Item PZ.13, please see "Planning and Zoning Order of the Day. " Chair Russell: Any preference here, gentlemen? I would -- if we're going to take Babylon, I'd like to do that at this point, because I believe Magic City -- unless it's seeing a deferral, it's going to be a lengthy one. PZ. 13, please. Victoria Mendez (City Attorney): PZ.13? City of Miami Page 237 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Yes. And what we're -- we'll need, obviously, the Legal Department and the Planning Department to have a very organized and civil back and forth with the applicant so that these Commissioners fully understand where the City stands and what their position is and why, and the same for the applicant as well. This is -- been going on a very long time, since Mayor Regalado -- Vice Chair Gort: Yeah. Chair Russell: -- was here, and had vowed to veto this item, if it ever passed City Commission; and so, we are here with it years later. And like I say, this is the initial domino to all of Brickell Bay Drive, a neighborhood in my district, so it's very important that we get this right, because it does set a precedent. It sets a precedent of zoning for the area. I'm seeking more time on it to really drill down on the differences between what I'm hearing from Legal and Planning, and from the applicant. I don't like making decisions when there's actually disagreement on the facts, because that implies that someone's either being disingenuous or we're just not hearing each other; one or the other, and both are pretty bad for us to make a proper decision on. But the will of this body is to hear this today. It's not a guarantee that it will not get deferred, but at least the facts can be put on the table. So I'd like to start with the Administration, please; if you could set the table on this one, set your position, both from Legal and Planning; then I'll go to the applicant, and then if somebody else -- and I believe there was a request for intervenor status. All right, we'll deal with that afterwards. Let see where we get between the two parties. I'm sorry. Who (UNINTELLIGIBLE)? Melissa Tapanes-Llahues: I just -- a correction for the record. This item never was before the City Commission -- Chair Russell. Correct. Ms. Tapanes-Llahues: -- and there's no -- there was no discussion regarding a veto. You made -- Chair Russell: Not -- No, correct; not in the record. This is -- at a public meeting where the Mayor was there. There have been many different issues, like you had said, that this has gone through -- Ms. Tapanes-Llahues: Correct. Chair Russell: -- HEP Board issues, Historic Preservation, Zoning, back and forths, and I agree with the Commissioners that we should get this done. Ms. Tapanes-Llahues: Thank you. Chair Russell: I just don't want to get it done wrong. So let me start with the City, please, and then we'll go with the applicant, and then we'll see about the intervenor. Ms. Tapanes-Llahues: Are we opening for public comment first? Chair Russell: We will. We will not make any decision before hearing complete public comment, but really, for me, the facts are the primary issue before the sentiments of residents for and against. So we will be opening public comment, but not at this time. So I just want to set the table procedurally from the City Administration side, and then we'll hear from the applicant and -- Hello. That's okay. Berdie Archer: No. I'm sorry. I didn't mean to -- City of Miami Page 238 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: No, no, no, don't. No, no, please. Ms. Archer: No. Commissioner, it's just that -- Chair Russell: You're very welcome. Ms. Archer: -- I flew in from Dallas just for this, and I have to take an airplane back, and so -- Chair Russell: I know you've waited a very long time, and this has been a very long day. Ms. Archer: -- if you don't mind. That's all -- Chair Russell: And I apologize on behalf of this dais, and -- Unidentified Speaker: And we're hungry. Vice Chair Gort: Mr. Chairman? Ms. Archer: They're hungry. Vice Chair Gort: Mr. Chairman? Chair Russell: I have some banana bread, if you'd like. Ms. Archer: They're not going to talk; just me. Vice Chair Gort: Mr. Chairman? Ms. Archer: I'm just going to talk. Chair Russell: Yes, Commissioner. Vice Chair Gort: I'd like to make do a Jennings disclosure. Chair Russell: Yes. Vice Chair Gort: I think we all do. For the applicable provision of Miami 21 and Florida Law, I'm disclosing that I met (UNINTELLIGIBLE), Ileana Acosta, Julio (UNINTELLIGIBLE), Jessica Menendez, Melissa Tapanes, Alfredo Duran, Sr., and Selene (phonetic) Duran, regarding the application involved in this quasi-judicial hearing. The subject of the meeting was the zoning application, PZ.13, Babylon Apartments. This meeting have not impacted my impartiality of this matter, and I can hear it in a neutral manner without bias. Chair Russell: Thank you, Commissioner Gort. And ditto for myself. I've had four years of discussion with residents, developers, architects, historic preservationists, and it has obviously not swayed my vote. We are here today (UNINTELLIGIBLE) -- Commissioner Reyes: Madam City Attorney -- Chair Russell: —(UNINTELLIGIBLE) Commissioner Reyes: -- I have a disclosure. I met with both sides of the issue, residents and with Melissa Tapanes. City of Miami Page 239 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Victoria Mendez (City Attorney): And you could be fair and impartial, right? Commissioner Reyes: Yes, ma'am. Ms. Mendez: Thank you. Commissioner Reyes: Believe it or not. You see, I'm not a Babylonian. Chair Russell: Not a Babylonian. Thank you. Commissioner Hardemon: And Mr. Chairman, I'd like to also register my -- Chair Russell: Of course. Commissioner Hardemon: -- Jennings disclosure, in accordance with what was stated on the record by Commissioner Gort. Chair Russell: Thank you very much. Mr. Director. Francisco Garcia (Director, Planning): Thank you, sir. So quickly, the facts as we know them, and I will err on the side of providing to you what I believe to be uncontested, and I will perhaps reserve the ability to address more of a narrative presentation, subsequently, as you prompt me to provide it, or as it becomes necessary. But to begin with, I think to set the facts is probably going to be a good way to start. So the property, as you know, is located at 240 Southeast 14th Street, and let's begin with the present. Presently, the zoning designation of the property is T6 -8R, and as such, it has the same zoning designation as the properties to the south and to the east. The request before you today is to change the zoning designation from T6 -8R to T6 -48-A-0, which is the zoning designation of the properties to the north and to the west. Our recommendation is for denial; although, as you will see in the backup -- and I'm happy to get into the details -- we would urge you to consider that an appropriate rezoning would be to T6-12-0. Admittedly, that zoning designation does not exist in the immediate vicinity of the site, and that's something that I want to put on the side; we will get to that at some point and time, I'm sure. But two things to note about this property that I think are very relevant: One, it shares a frontage along Southeast 14th Street with the properties to the west and to the north, not the properties to the south and to the east. So it is more akin to the properties to the west and to the north, which are presently zoned T6-48-0 -- A-0 in that regard. Item two for your consideration: The future land use designation of this site is restricted commercial. As you may have heard me say before, we need to make certain that there is a proper alignment between the zoning designation and the land use designation, and in this case, that has not happened. We consider that to be an error that needs to be corrected. You've stated previously, Commissioner Russell, that there are various ways to correct the error, but the way we recommend the error be corrected is to align the zoning with the future land use; leave the future land use, and the main reason why we recommend in that direction is the land use designation has not changed from the previous land use designations of the properties. So under the previous Zoning Ordinance and the one before that, the land use designation has always been for restricted commercial, and the present zoning designation of T6 -8R -- "R" standing for "restricted" -- has a very limited ability to have commercial uses onsite, which is a concern. Next, the previous zoning designation for this site, under Zoning Ordinance 11000 -- and this goes back approximately 9, 10 years ago -- the previous zoning designation was "0." "0" stands for "office" under 11000. And when it was switched over to Miami 21, the change was to T6 -8R. I will put again on the record, we feel that is an error. It is an error for two reasons; one I've already stated, which is the land use designation is City of Miami Page 240 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 not supportive of the restricted zoning. The other one happens to be that in the same fashion as the properties to the north and to the west, this property is within the Brickell increased density district. The reason that's important is that the density for this property is 500 units per acre, notwithstanding the zoning; the density is 100 -- 500 units per acre. The density of the properties to the south and to the east is 150 units per acre, which is much, much less. Right. And again, that inclusion of the subject property into the increased density zone also dates back to previous Zoning Ordinances, so that hasn't changed. Now, the reason we think that "0" is a correct zoning designation, I will go through very quickly. And there is a chart that, hopefully, we have copies of, and we can pass to the Commissioners at some point and time, but I'll go through it quickly, and it's fairly easy to absorb. Facts: Under Zoning Ordinance 11000, this property -- I'm not talking about the zoning designation; I'm talking about this property in particular -- had been assigned a development capacity, with the FAR (floor/area ratio) allotted at the time, a development capacity of 40,729 feet -- square feet. T6 -8R, which it presently has, assigns it a development capacity in square feet of 79,885. That is superior to the previous number. T6-12-0 would assign it a development capacity of 127,816 square feet; significantly higher. T6 -48-A-0, which is the zoning they are seeking, would assign it a development capacity of 175,816 square feet, which is again significantly higher. In terms of height, Zoning Ordinance 11000, with the "0" zoning designation, assigned this property a variable height, which means, at the front of the property, the height cap was 120 feet, and that sort of angled upward towards the back of the property until it achieved a height of 300 feet, so from 120 to 300. Under the present Zoning Ordinance, with T6-8-0, that height would be 8 stories, but "bonus -able" up to 12 stories, which is not too far from the mark from "0. " However, with T6-12-0, by right, they would obtain a height of 179 feet, and a "bonus -able" height up to 291 feet, so we think that compares favorably. And lastly, in terms of uses, the used regime under the "0" category -- so presently, they have "R, " which is "restricted. " We are proposing that they be changed to over "0, " which is "open " -- has the full range of residential, high density, office, lodging, and commercial uses they could possibly have, which also compares favorably, or at least equally, to the previous zoning designation of "O" oi5r, ce under Zoning Ordinance 11000. So to sum up, we acknowledge that an error was made. To the best of our ability and the best of our research, we do believe that an error was made when this property was switched over under Miami 21 to T6 -8-R. We understand -- and I've shared this fact with the applicant as well -- that when Miami 21 was put in place, the City of Miami Planning Department was trying to correct, to the best of their ability, any anomalies that existed in the Zoning Atlas. And so, to leave in place a zoning designation that stood out as different from those around it didn't quite seem to make sense. At the time, under 11000, that "0" zoning designation, which was put in place for only one site, was an anomaly. In an effort to attempt to correct that anomaly, I, personally, and the Planning Department, in our documentation, at one point and time thought that the correct response would be to up -zone the property and change it over to --round off errors to T6-48. What we did not know at the time -- not that the evidence did not exist at the time, because it did clearly, but what did not come to our attention at the time -- I want to be clear about this -- is the fact that this particular property had been the subject of a City Commission action in an ordinance, with covenants, which you recently were presented with as part of a discussion item brought to you by the City Attorney's Office, to discuss whether or not that covenant should be dispensed with. You know the rest; otherwise, we're happy to brief you on that. But upon learning of the covenant and upon the providence of that covenant, we learned that there was a record of City Commission action that set this particular property aside and created an ordinance, giving it specific zoning approvals, accepting certain covenants, restricting those development capacities, and essentially made it stand out as a transitional -zoned property. In the same fashion, and in keeping with that action by the City Commission, which now goes back about 20 years, but in order to attempt to City of Miami Page 241 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 the best of our ability to restore the development rights that this property enjoyed under 11000, we think that the stand-alone but appropriate zoning designation of T6-12-0 accomplishes both the intent of restoring development capacity, and also recognizing its sort of unique circumstances -- the position where it is in the City, and the fact that it strides between T6 -48-A-0 and T6 -8-R -- we think T6-12-0 is the correct zoning designation for it. I think it is best to leave it at that in terms of providing you the --what we think are the most relevant facts. There are more facts that will come up, but I'll provide you -- Chair Russell: Thank you, Director Garcia. Mr. Garcia: -- (UNINTELLIGIBLE) your questions. Chair Russell: Director Garcia, any conditions on that T6-12-0 recommendation, or T6-12-0 in its purest form, minus whatever their covenant allows or not allows? Mr. Garcia: No. We think -- again, in an attempt to make zoning and zoning regimes as simple as they can possibly be, we feel that T6-12-0 provides all the correct -- Chair Russell: Thank you. Mr. Garcia: -- development capacities; and so, we recommend that without reservation. Chair Russell: Thank you very much. Madam City Attorney, do you have anything to add as we go into this item? Ms. Mendez: He pretty much captured everything. Chair Russell: Okay. But as far as the legal sufficiency that was brought up before, could you introduce the City's side as to --? Because in my briefing, it was stated very clearly to me that this perhaps should not have been on today's agenda, and I want to understand why you feel that way and -- Ms. Mendez: So the -- Chair Russell: -- so they can address it. Ms. Mendez: Right. So the two issues is that there is an argument that our Code only allows something to be rezoned if it meets three criteria: The 40,000 square feet, the 200 feet in frontage, and the abutting transect zone; those three. The argument is that because it abuts a transect zone, that could be the exception only. So here, this particular property abuts two transect zones -- Chair Russell: Yes. Ms. Mendez: -- the T6-48 and the -- Chair Russell: T6-8 -- Ms. Mendez: -- T6 -- Chair Russell: 8R. Ms. Mendez: Right. So because of that, there could be an argument that you need to meet all three criteria, and not just one. The applicant is saying that by just meeting City of Miami Page 242 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 the abutting transect zone, you don't have to meet successional zoning. Then the other issue is the successional zoning, you're supposed to do it every 18 months; you're not supposed to do it in one fell swoop. So if we would agree with the applicant, arguably, you could do in one fell swoop rezoning everything to T6-48. Chair Russell: Right. Ms. Mendez: As you've heard from your Planning Director, what the City is proposing, that you don't do it all the way to T6-48; that you do it to T6-12, and we should be in compliance. Chair Russell: That's something we heard before, and I assume we'll hear it again; the idea that successional zoning doesn't count if it's a corrective action; is that correct? You don't need to apply the rules of successional zoning if it's a corrective action? Ms. Mendez: Well, I think that what can be done is just a waiver by City Commission based on that, pursuant to our Code Section that allows for you to waive it -- Chair Russell: Understood. Ms. Mendez: -- and then if we do all of that together, coupled with your Planning Director's -- Chair Russell: Thank you. Thank you very much. Commissioner Reyes: Mr. -- Chair Russell: Commissioner Reyes, of course. Commissioner Reyes: And just to clarify, if you go to T6 -- I mean to 12 -- all right, it is. Okay. Then you can apply to go higher? That -- is that what you're trying to say? Mr. Garcia: That is correct. One always has the ability -- a property owner has the ability, in compliance with Article 7 of Miami 21, to ask for the next higher zoning designation. Now, the point that I think is being made by the City Attorney's Office is that in addition to that ability, there are some restrictions; one happens to be that it needs to be to a zoning designation abutting the property; the other one is that there has to be a 40,000 -square -foot limitation in terms of the requirement of the area of the property; and the third one being that in the alternative, there need to be 200 linear feet of frontage. This property, on a stand-alone basis, does not have the 40,000 square feet; it does not have the 20 -hundred [sic] feet of lineal frontage; it does abut T6-48. The issue there is that it is not successionally -zoned [sic] to go from T6-8 to (UNINTELLIGIBLE). Commissioner Reyes: Was this ever, ever classified T6-48? Mr. Garcia: No, sir. Commissioner Reyes: And never was -- were you informed of the classification of higher than that, than T12? Ms. Tapanes Llahues: So the staff recommendation was for T6-12-0. The original staff recommendation and the original application where the City was co -applicant was for T6 -48-A-0. So this change of position, we learned about it when we City of Miami Page 243 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 received the staff recommendation, after being part of this process for almost five years. Commissioner Reyes: Wow. Chair Russell: Thank you. So I'm going to hand it over to you, Ms. Tapanes, actually. If you'd like to respond to what the Director said, if you found any of that to be incorrect or --just like you have your own presentation, that's fine, too. Ms. Tapanes Llahues: Absolutely. So I -- we definitely have our own presentation. What I would ask the Director is, have any of these three facts that he mentioned -- again, the 11,000, the covenant, or the actual -- what took place as far as the land use -- have any of those facts changed from 2015 to the present? Mr. Garcia: I will restate for the record that those facts have not changed. What has changed is my knowledge of the facts. Chair Russell: Discovery of the covenant. Mr. Garcia: Yes. Ms. Tapanes Llahues: So I would like to have the opportunity for these folks who've been here many hours since this morning to speak, and then we'll be ready for our presentation in chief. Chair Russell: You'd like to do public comment before the presentation? Ms. Tapanes Llahues: These folks need to leave, so -- Chair Russell: Are they leave -- okay. So they're leaving with or without the decision? You'd -- Ms. Tapanes Llahues: So could -- they have a flight to catch -- Chair Russell: Understood. Ms. Tapanes Llahues: -- or at least one of them does. Edward Martos: Through the Chair, through the Chair. Chair Russell: Yes. Mr. Martos: I appreciate their need to leave. I don't want to interrupt. I'm just -- I just want to make clear for the record that I'll have an opportunity to make a presentation on intervention -- Chair Russell: You will, absolutely. Mr. Martos: -- and then public comment afterwards; if for whatever reason, it's denied, I'd like an opportunity to have public comment. Chair Russell: Yes. Mr. Martos: Thank you. Chair Russell: So is everybody speaking, or is someone speaking on behalf--? City of Miami Page 244 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Archer: No; just me. Chair Russell: Okay. Thank you very much. Ms. Archer: Oh, and my husband; the two of us. Sorry. Chair Russell: That's fine. Your name, please? Ms. Archer: And thank you; thank you, everyone. Thank you, Commissioners. My name is Berdie Archer, and I own a residence at 1430 Brickell Bay Drive, Point View. And I'm here with some of the residents of Point View, representing them, so I'm going to speak. And we are in agreement with the rezoning for the Babylon. And just two words, and then I'm done. And hopefully, in the future, maybe you can give Point View, also, a new zoning, because we certainly would need it. Our building is in a big hardship right now, and the majority of the owners really would like the rezoning, so if you could kind of keep that in mind for the future. And thank you, gentlemen. Thank you. Chair Russell: Thank you. And I'm sorry you had to wait so long to say that. I apologize. Ms. Archer: (UNINTELLIGIBLE). Chair Russell: No, but thank you for coming and speaking. Who else would like to speak? Edmond Archer: My name is Edmond Archer, and I'm also an owner at Point View. Chair Russell: Pull the mike up, please. Thank you. Mr. Archer: And I also support the rezoning. And I'd like to -- I don't know if Commissioner Russell remembers me, but him and I had a conversation about -- excuse me -- three or four years ago about the units -- or the buildings on Brickell Bay Drive. Most of them are ending -- coming to the end of their useful life, and you saw what happened to the Babylon; it was condemned. And then maybe you all remember what happened to Brickell Harbor years ago, where they had to shut that building down for a year, or a year and a half, and everybody had to move out. Now, you take our building. Our building was built in 1958, inhabit in 1960. And here we are, 2019, and as my wife said, the costs are escalating. So I think the Commission needs to kind of look at that down the road when these people decide maybe it's time for us to rezone. Chair Russell: My grandmother lived there in the '70s. Mr. Archer: I'm sorry? Chair Russell: My grandmother lived there in the '70s. Mr. Archer: Thank you. Chair Russell: I think it was that building. I was too young to know exactly which one it was. Mr. Archer: All right. Thank you. City of Miami Page 245 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Thank you for your comments. All right. Mr. Martos -- oh, you have your presentation. He's got a whole presentation on intervenor status, so if you want to go ahead and give your -- Mr. Martos: Exactly, exactly. Chair Russell: --presentation. Mr. Martos: As long as I have the opportunity to intervene, I'm happy to let you go first. I'm not here to make it difficult for this. Chair Russell: Okay. All right, Martos. Ms. Mendez: Just to -- I mean, if I may? Ms. Tapanes, do you have an objection, if they are the next-door neighbors, to intervenor status? Because the last time we had an intervenor status hearing, it was like two and a half hours over nothing. So is there any way that we can -- you know -- limit the pain on this or --? Ms. Tapanes Llahues: I agree we -- Chair Russell: Would you object to intervenor status? Ms. Tapanes Llahues: Well, I'd like for him to show evidence that he represents the next-door property owner through a resolution. It's a condo association. We've met with many residents who are supportive of the Babylon, and we're not aware of a meeting that was noticed for the condominium association, a board resolution, so that's the question. And if he could answer that, you can grant him -- Mr. Martos: I don't have a piece of paper. I have the president of the board. And there was a meeting. I could pull it up on my phone on the calendar. Yes, there was a vote. I use -- I have that on my honor as an attorney and someone who appears before you very often. If you'd like, the president of the association, Ms. Judy Santos, to appear and testes to that under oath, she'd be happy to do so. Chair Russell: It's sufficient for us. Mr. Martos: Thank you. Ms. Tapanes Llahues: If you could just provide me the date of the meeting, the notice to the property owners at any time. Mr. Martos: I'm happy to -- Ms. Tapanes Llahues: At anytime. That's it. Mr. Martos: At any time, I'll be happy to do that. Ms. Tapanes Llahues: I trust you, Mr. Martos. Mr. Martos: You got it. Thank you. I appreciate that. Is that it then? Is that --? Chair Russell: So if that's established, is there an objection to them serving as intervenors? Ms. Tapanes Llahues: No. As long as he provides me with that evidence, then I will reserve my right to object if he doesn't. City of Miami Page 246 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: For the record -- Chair Russell: That goes along way. Thank you. Mr. Martos: Yes. And I do appreciate that. Thank you, Ms. Tapanes. For the record, I'm going to submit a document. I don't know if the board members want this, but this is explaining the intervenor status. I'm just going to submit that to the Clerk. Chair Russell: Of course. Thank you very much. Mr. Martos: Okay? Thank you. Chair Russell: All right. We're ready for your presentation. Ms. Tapanes Llahues: Thank you. See if IT (Information Technology) is ready. Chair Russell: How much time do you need for it? Ms. Tapanes Llahues: I may need 25 minutes; yes, sir. Commissioner Carollo: Chairman, while -- Ms. Tapanes Llahues: I'll try to go as quickly as I can. Chair Russell: Is there a cliff notes version? Ms. Tapanes Llahues: I'll do my best, sir. We're getting ready for an appeal. As you can see, we've just granted intervenor status for -- Chair Russell: Uh-huh. Ms. Tapanes Llahues: Thank you. Chair Russell: Commissioner Carollo, you had a comment? Ms. Tapanes Llahues: I'll be as quick as I can. I've been known to speak quickly. Commissioner Carollo: Yeah. Chair Russell: All right. Commissioner Carollo: Just a statement. When would be the appropriate time for disclosures and --? Chair Russell: Oh, we already did ours, and if you'd like to do yours, go ahead. Commissioner Carollo: Okay, I would. Ms. Tapanes Llahues: Thank you. Commissioner Carollo: On PZ.S and PZ.6, I met with William Riley and Alan Amdur, I think is the principal. On PZ.10, 11, and 12, I met with Neisen Kasdin and the applicant some time ago. On PZ. 13, which is this one, I met with Melissa Tapanes and the applicant. On PZ. 14 -- was that taken out? Chair Russell: No. That's -- 14 is what --13 is what we're dealing with right now. City of Miami Page 247 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Yeah, but 14 -- Chair Russell: 14 was taken out, yes. Commissioner Carollo: Okay. So I don't have to disclose that. And on PZ. 16, that's still on, or was it taken out? Chair Russell: It's taken out, as well. Commissioner Carollo: Okay. So then those that I have -- Chair Russell: Oh, no. I'm sorry. We voted on that one, so. Commissioner Carollo: Okay. Chair Russell: Yeah. Commissioner Carollo: Well, on PZ. 16, I met with Scott Carter, Emilio San Roman, and Melissa Tapanes. Chair Russell: Thank you. Please. Ms. Tapanes Llahues: Thank you. For the record, Melissa Tapanes, with law offices at 200 South Biscayne Boulevard, Miami. I'm here representing the owner of the approximately 16,000 -square foot parcel of land located at 240 Southeast 14th Street, in the Brickell neighborhood, known as the Babylon. I'm joined by the owner of the property, Max Martinez and Alicia Garcia; Ileana Hernandez Acosta, the former Chairwoman of the Zoning Board at the time Miami 21 was adopted; as well as my colleagues, Jeffrey Bercow and Emily Balter. Babylon is seeking to rezone the property located within the Brickell residential density increase area from T6 -8-R to T6-48--4-0. We recognize that this is an exceptional request, and only an exceptional request can correct the damage done by the City of Miami, at what we will say is at the behest of powerful, well-connected opposition. Our goal today is simple. We wish to restore the taken property rights by correcting the City's error at the time Miami 21 was adopted in 2009. We'll speak to that error in quite a bit of detail, because it's different from the error that Mr. Garcia mentioned. To accomplish this goal, we need to be consistent with the City's Planning Department's 2014 recommendation. You heard that correctly. We're -- the applicant's request today is consistent and exactly the same application as the applicant's, where the City of Miami joined as co -applicants, and the Planning Department recommended the correction of this mapping error to T6 -48 -A -O. Yet, today, as you heard, five years later, the Planning Department's 21 page history report of a recommendation concludes with the complete about-face on its very own 2014 staff recommendation, which was presented by the Planning Director to this Planning & Zoning Board. Even after issuing an errata, after the issuance of the original staff recommendation earlier this year, it admitted that the initial recommendation was incomplete information, and filled with errors. Their recommendation today before you fails to analyze the reason for this change of position -- this about-face, as I'll call it -- as well as to acknowledge the very nature of the Planning Department's error that has led to five years of battles, through dozens of hearings before the Planning/Zoning Appeals Board, the Historic Environmental Preservation Board, the City Commission, and in courts. So I need to ask you for your indulgence today, a little bit of patience as I create a record that really describes the mischief that has occurred that brings us to this moment. At the end, we're hopeful that you will see the mischief for what it is, just as the Planning/Zoning Appeals Board did last month at its hearing. This rezoning is the only method to correct this -- or accomplish this City of Miami Page 248 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 second goal, which is to redevelop the property in a manner that is consistent with everything that surrounds it. So many of you have heard the story of the Babylon, as we were before you in January of 2018. And to tell you the story, we need to go back to 1978, 40 years ago, when the Babylon was first conceptualized. Architects at the promising new Miami firm, Arquitectonica, earned honors from progressive Architecture Magazine for their dream-like striking graphics, depicting a new apartment building. Due, in part, to the economic downturn of the early '80s, the Babylon was poorly constructed, and the end result was a facade, and far from award -worthy. Struggling to find tenants, in 1983, the then -owner of the Babylon joined a group of applicants requesting to up -zone the properties under Ordinance 9500, to allow for office and commercial uses. At the July 11, 1983 Zoning Board hearing, the Planning Department first singled out the Babylon, and recommended Lot 5 be spot -zoned to allow for mixed use, and provide a physical and boundary - type buffer between residential and non-residential zoning districts. Mixed-use development was a novel concept at this time. The properties to the southeast, facing the water, were thriving as residential condominiums, and the properties to the north and west were planned for non-residential uses. Meanwhile, the Babylon sat idle, never occupied, after being rejected by the market as a residential condominium. The City of Miami experimented by spot -zoning the property to allow its adaptive reuse with a mix of uses, limited through the covenant that we've discussed in quite a bit of detail. Notably, Robert Troy's reasoning in favor of the 1983 rezoning still rings true, in support of today's application. The property is not like residential buildings to the southeast, because it's located on Southeast 14th Street, not on the Point View Brickell Bay Drive curve facing the water, and that's consistent with what Mr. Garcia mentioned. And the property should be zoned similar to the non-residential properties to the north and west, but the property's limited size provides an opportunity for a physical and boundary buffer and transition between the two zoning districts. Again, both of these items ring true today. To memorialize the limitations on the adaptive reuse of the building, the owner proffered what we all call the 1983 covenant. Now, as we discussed, the covenant is unique, and we heard that over a series of six Commission meetings. Embracing a vision of Miami as a cosmopolitan metropolis, Bob Troy drafted the covenant to provide two conditions for relief of these limitations. These two conditions were -- actually have become moot since that time. They're to allow the properties to be wholly used for non-residential purposes; or if the permitted FAR (floor/area ratio) increases, then the property shall be relieved of these limitations. Notably, this covenant was accepted by the Miami City Commission, and recorded in 1983; was formerly submitted for relief in January of 2018, and was a subject of the historic preservation record from 2016 to the time that it was relieve -- or the covenant was -- the relief of the covenant was recorded in the public records earlier this year. Now, we discussed this covenant at over three private meetings between the owner and concerned neighbors, including Mr. Martos' clients. We obtained two zoning verification letters from both the former and the current Zoning Administrators that these -- both conditions had been met, and the covenant should have been relieved from its limitations when Miami 21 was enacted in 2009. And the City Attorney actually recorded the required certificate to relieve the property of these limitations, and that relief has been submitted into the public record today. Now, the owner/applicant before you purchased this property in 1989. Even as an adaptive reuse, the Babylon struggled, but -- with this great depression, and has fallen in significant repair [sic]. By 2014, the owner was committed to redevelop the property and invest resources into its redevelopment. That is where they learned of the Miami 21 error that took place. After consultation with the City of Miami and its Planning Department, Babylon and the City of Miami joined in an application to rezone the property from T6 -8-R to T6 -48-A-0, and admitted that it was, in fact, an error. The application before you is exactly the same as it was in 2015, when the City served as co -applicant. In fact, the Planning Director made the presentation before the Planning/Zoning Appeals Board in favor of the application, and the City of Miami Page 249 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 applicant never said a word. Now, I've submitted that 2015 staff recommendation into the record. Now, both in 2015 and in 2019, these staff recommendations, the Planning Department correctly notes the current T6 -8-R zoning is inconsistent with the property's restricted commercial land use. Both in 2015 and 2019, the staff recommendation provides that the Planning Department reasons that the rezoning from ojfce to T6 -8-R at the time Miami 21 was adopted was an error. So what has changed since? Nothing. However, political pressure has changed, and in the midst of this application process from 2000 -- in 2015 -- on October 28, 2015, to be specific -- the City of Miami Unsafe Structures Board declared the Babylon unsafe, and ordered that the building be demolished within 300 days, or the City was required to demolish. The owner promptly submitted a demolition permit on March 9, 2016. However, on April 5, 2016, the Vice Chair of the Historic and Environmental Preservation Board directed staff to prepare a preliminary designation report, and consider the property for historic designation. This triggered an unlawful moratorium on the property, and the Historic Preservation Officer stopped the demolition permit. Page 13 of your Planning Department's recommendation before you today notes that the HEP (Historic and Environmental Preservation) Board action was, in quote, "In response to the demolition permit." Notwithstanding the HEP Board's transparency in violating the City's own order of Unsafe Structures Panel and Section 10-101(i)(4) of the City Code, the HEP Board designated the property as historic on July 2016. The Babylon appealed this historic designation, and finally, on January 25 of 2018, this City Commission granted Babylon's appeal, and overturned the historic designation. We applied for a demo (demolition) permit, and the property is currently under demolition. Now, we'd like to speak about what has taken place since this -- in 2018, as we started this zoning process. On May 29, 2018, I met with the Planning Director regarding our intent to reapply for the rezoning application. We discussed the nature of the City's error, and he admitted to recommend -- exactly as he did in 2014 --for the approval of T6- 48 -A-0. Now, this is after we had already proffered or requested the relief of the 1983 covenant. The Planning Department accepted and back -stamped this request, because it is permitted under Miami 21. In fact, the City was the co -applicant for the same exact application. We received the staff recommendation in -- this February, six months after the filing of the same rezoning application with the City; again, co - filed in 2014. And over five years later, and at significant cost and delay to correct this error, the Planning Department's 21 page recommendation before you is a long- winded about-face, without any analysis for the change of position, or even an acknowledgement as to the nature of their error that led to these five years of battles and dozens of hearings before the PZAB (Planning, Zoning and Appeals Board), the HEP Board, the City Commission, and in the courts. Meanwhile, neighbors complained that the Babylon was an eyesore and a squatter's haven. Others fear what may be built in its place, and our client waste time and money to defend its legal rights against its own city. The nature of this error is curious, which is likely that the reason why the staff recommendation ignores it all together. So this is a very important map for -- Commissioners, for you to review. Under Ordinance 11000, predating Miami 21, the Babylon was zoned ojfice. Since 1983, the Babylon was spot -zoned, as we mentioned, consistent with the res -- the non-residential uses in SD -5. However, I'm going to show you the archived Miami 21 maps that were part of the record and part of the dozens of community meetings used to rezone the City of Miami. The map before you is a --you can find it yourselves in archive maps of Miami2l.org. You have the 11 -- the November 27, 2006 map that shows the Babylon, not zoned as office; it's zoned as R4, just like the other properties on Brickell Bay Drive, and unlike the properties facing Southeast 14th Street. You can see the map on February 20, 2007. Again, the property zoned R4 instead of office. At this point in time, the Brickell Bay Drive area was already proposed to be rezoned to T6 -8-R. The March 4, 2008 archive map shows the Babylon property; again, with the incorrect zoning of R4. And finally, the final draft approved by the City Commission in January of 2009 shows the property with the incorrect zoning district City of Miami Page 250 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 of R4 instead of office. This is the map that was submitted to the City Commission that is the error; it's not the land use; it's not the residential density increase area. Those are what I would consider symptoms of the error. It's a cough and a sneeze to a virus, and the virus is that the maps that were shown to the City Commission and to the community were simply wrong. The Planning Department, in effect, down - zoned the property from office to R4, without notice to anyone, without hearing, and without due process. That is a procedural and substantive due process issue. And then the Planning Department used the incorrect R4 zoning to down -zone the property further to T6 -8-R. Sufficient notice must be given to property owners when there are proposed changes to the actual zoning map designation. Notice must be given to your Commission. You can't just approve down -zonings without any ' from" and "to" on a mail notice. Showing an incorrect designation simply creates the due process issue, and renders the new zoning designation invalid; meaning today's T6- 8 -R zoning for the Babylon simply is a figment of our imaginations. It blows the mind that the Planning Department is not only reversing its position from its own application and staff recommendation, but it's also using its own error to argue that the property should be rezoned successionally [sic] to T6-12-0, rather than to simply correct the mapping error as --possibly as originally recommended to T6 -48- A-0, or as the Planning/Zoning Appeals Board recommended, to T6 -24-B-0. Miami 21's successional rezoning structure cannot stand in the way of the City Commission's inherent power to protect its citizens from substantive and procedural due process claims and to achieve substantial justice. Now, Section 7.128(c)(1) of Miami 21 provides that the application must be an extension of a transect boundary, or a property that -- it has the 40, 000 square feet, or 200 feet of linear frontage. Now, as we mentioned, Babylon is less than 40, 000 square feet, and does not have the 200 feet of linear frontage. Therefore, we simply applied for what the Planning Department told us to apply, as early as May 2018, which was T6 -48-A-0; exactly the same application that they filed, and exactly the same application that they recommended in favor to. I understand that there is a concern about the term, "successional zoning, " and we submitted a legal memorandum detailing our position. The section of the Code that describes the changes to accommodate the City's growth and evolution over time provides that these changes shall be successionally [sic]. However, these changes are those in what I would call a vanilla rezoning application. Miami 21 does not require successional zoning to correct mapping errors. Section 2.252 of Miami 21 specifically allows for corrective actions taken by the City Commission to amend transect zone boundaries. Section 7.128(g)(2) of Miami 21 specifically allows that the Commission may approve a rezoning to a lesser transect than applied for, which would be meaningless if all rezonings must, in fact, be successional. This would lead to a denial, basically. Not only is the power of the Commission to correct errors evidenced in the Miami 21 Code; it's established in both the City record, and by precedent of this Commission. We submitted a precedent of this fact, also, into the City record. To detail, just in January 6 of 2016, the PZAB hearing for the original Babylon application, the Assistant City Attorney stated that map errors can be corrected without following successional zoning, at one hour, 49 minutes, and 13 seconds. The Planning Director, as co -applicant, added that the rezoning process was the only way to correct a mapping error, at two hours, three minutes, and six seconds, continuing that this was the most responsive and responsible way to do it in open forum. Again, this rings true today. The Office of the City Attorney reviewed and approved the same rezoning request in 2016, and found that this was a mapping error, correction of which does not require successional zone. This, for the record, is the Office of the City Attorney's review and approval of the same ordinance that is before you today. Notably, there's also recent precedent that the City, under this very own Commission, has approved non -successional zoning to correct mapping errors, with and without rezoning processes. Just blocks from the Babylon, there are two examples: In 2013, 20 Southeast 10th Street was rezoned from CS (Civic Space) to T6 -48-B-0, without regard to successional zoning; that was Ordinance 13397. In City of Miami Page 251 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 2018, the Perricone property, located at 15 Southeast 10th Street, was rezoned from CS to T6 -48-A-0, without regard to successional zoning, totally circumventing the formal rezoning process and simply as a discussion item before this Commission. Now, I hope you appreciate the historical context and uniqueness that renders this exceptional request something that I could stand before you and request today. We ask that you approve this application, not only to right a wrong that has plagued this owner and this neighborhood for a very long time, but based on the merits of the application. As your professional staff notes, there are three criteria to approve a rezoning: Compatibility with the Comprehensive Plan; the need or justification for the proposed change, and the goal to provide transitions. We'll address each criteria, and are confident that you, too, will find, just like the Planning/Zoning Appeals Board, despite the long history of suppressed property rights, approval today is necessary. Mr. Garcia mentioned that Florida Statutes mandates consistency with the adopted Comprehensive Plan. The Babylon's future land use has always been restricted commercial. Also, like the properties to the north and west, it is within the Brickell residential density increase area. Further, the T6 -8-R zoning is inconsistent with the City's Correspondence Table in the Comprehensive Plan. And the Planning Department stated in its analysis that because the restricted commercial designation and the residential density increase area, it could be reasoned that the development capacity and uses allowed on the property were anticipated to be greater than those properties within the T6 -8-R designation. The property was intended to have an array of non-residential uses that "R" or "restricted" simply excludes. The requested rezoning remedies the future land use issue, and it's required by the Comprehensive Plan. Now, stop notes on Page 14 of the analysis that this property is located within the densest and most intense area of the City. We mentioned that the Office Zoning District under 11000, the property could be developed with non-residential uses, such as hotels and motels. Residential density and intensity were the same for R4, but most importantly, as it relates to the potential redevelopment of this unusual small parcel of land, the permitted height was unlimited. And as Mr. Garcia mentioned, the maximum height under even 11000 was 300 feet. That is not an eight -story building. When the Babylon was erroneously down -zoned to T6 -8-R, the height was restricted to eight stories. In combination with the setbacks required by the Brickell established setback area and additional setbacks above the eighth floor, the Babylon's ability to redevelop, consistent with even its previous Office Zoning District, is simply not possible. The Planning Department recommended approval of the rezoning to T6-12-0 to cure the comprehensive plan, and arguably, increase the FLR (floor/lot ratio) from five to eight. But the Planning Department's massing study on Page 20 does not reflect the reality of the size of the Babylon property or even the required setbacks. The need to restore the property's zoning for the Babylon is driven, in effect, by the setbacks on the heights, to avail itself of any FLR. Now, the -- it's important to note that because the properties located within the Brickell established setback area, the interior side and rear setbacks is 15 feet, regardless of what the zoning transect provides. Article 5 of Miami 21 for T6-24 and above, the front setbacks above the eighth floor is not required if the property faces a civic space or right-of-way 70 feet or greater, and this is important. Because Southeast 14th Street is 70 feet in width, if the property were to be zoned at least T6 -24-B-0, a zero front setback would be permitted as of right; that is, without waivers and without having to deal with the neighbors in opposition for any kind of development in this area. In the alternative, if the property is zoned T6-8 -- or, even as staff proposes in T6-12 -- all of a sudden, we would need to even have -- we wouldn't even qualify for a waiver, because we're less than a hundred feet, and we would be in the variance territory, which we do not want to undergo. For T6 -24-B-0 and above, lots having a dimension of 100 feet or less are allowed to be -- have the rear -- side and rear setbacks above the eighth floor reduced to 20 feet, by waiver. Again, if the property is zoned T6-8, as it is today, or T6-12, Babylon is simply not eligible for this waiver. The Babylon, which is 98 feet wide at the front and less than 52 feet in the rear, would be subject to 60 feet of side City of Miami Page 252 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 setbacks, rendering any development impossible. So although the FAR has -- in density has increased, the only way to correct the Planning Department's error is, in fact, to restore the zoning, consistent with what is in the Brickell area, to T6 -24-B-0 or above. On Page 19 of the staff analysis, the Planning Department seems to conclude that because it's of the neighborhood context and history of development capacity on the previous zoning that it should warrant only a rezone to T6-12, because it'll allow more uses. But that is not the issue here. The issue here is that the Babylon has been deprived of development rights because of the land development regulations in that T6-8 or T6-12 would not allow, and this, in fact, justifies the change to a zoning transect of T6-48, as staff recommended back in 2015, or T6 -24-B-0, as the Planning Board recommended. Now, it's important to note the uniqueness, and this is why the Point View neighbors are so concerned. This down -zoning of Miami 21 affected everybody, and made all the properties on Brickell Bay Drive nonconforming. The heights around the Babylon, you can see on Brickell Bay Drive, are from 10 stories to 16 stories. The Emerald Condo, which Mr. Martos is recommending, is 27 stories. And as the Planning Board said at the hearing, they asked all the people in the audience to raise their hand if they lived in an eight -story building. No one raised their hand. So this isn't about compatibility, this isn't about transition. This is simply --just like the HEP Board item was, and the designation was -- to stop any use of this property and build a public park, as many folks mentioned. Now, this shows the -- to conceptualize the extreme differences between the T6 transects. We retained Revuelta Architecture to prepare a massing study. And there is no development plans for this site. We've been busy on dealing with just basic property rights. But this shows that T6-8 and T6-12 render the same capacity of land. And to show this as what we're looking at from the sky is that under T6-8 and T6-12, we're looking at approximately a 1,000-squre foot floor plate above the eighth story. Now, that is simply a deprivation of any property rights and why the Babylon is fighting so hard against the Planning Department's about-face, because the staff recommendation before you is simply disingenuous. The massing that were provided are simply not consistent with the Miami 21 Zoning Code. However, if the property is zoned T6 -24-B-0, 36-B-0, or 48-A-0, we can build above the eighth story. Now, we'll never be able to maximize the density of this property. It simply has too much density to build, and we can show you those details. But notably, if it were zoned T6 -- again, 24, 48, et cetera -- the floor plate above the eighth story doesn't increase to a 16, 000 -square -foot property. We're talking about 4,700 square feet. That is what the floor plate would look like. The likelihood of building something so tall with such a small floor plate is simply unlikely. However, the setbacks that the Miami 21 Code allows as of right in the front setback, or through waivers with the neighbors' actual notice and review of proposed plans all of a sudden make some sense. And this is the floor plate that we were mentioning for anything of T6-24 and up; 4,700 square feet. So in conclusion, the staff analysis addresses the issues, but arrives at the incorrect conclusion, because it fails to admit the truth. The department proffered to the City Commission in 2009 incorrect maps. This property was not zoned R4; it was zoned "O" office. It is simply disingenuous to say that our staff recommendation from 2015 should have been T6-48 -- or a City application should have been T6-48, and there's been no change of facts or circumstances that lead to the current recommendation of T6-12. However, the -- what -- the development capacity because of setbacks are significant, and that is why the owner has endured five years of hearings before the Planning Board, the Historic Preservation Board, City Commission, to deal with this issue. Now, we believe the application is properly before you, and we simply ask for you all to do the right thing and restore property rights for the Babylon, and ask for at least a T6 -24-B-0. We've had many discussions with neighbors about T6 -36-B-0, and that is simply to allow for setbacks, et cetera. Thank you. And, of course, I -- (Applause) City of Miami Page 253 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Tapanes Llahues: -- thank you. I will reserve time for rebuttal and cross- examination, and available for any questions. Thank you. Commissioner Hardemon: I think that guy said, "She's good. " Commissioner Reyes: Through the Chair. Through the Chair -- Chairperson. Ms. Tapanes -- Vice Chair Gort: Excuse me. Excuse me. Ms. Tapanes Llahues: Yes, sir. Commissioner Reyes: Through the Chair. Vice Chair Gort: He asked for the floor, and you're next. Commissioner Reyes: Okay. Ms. Tapanes Llahues: 20 minutes? Chair Russell: Thank you. Ms. Tapanes Llahues: Five. 25? Chair Russell: Thank you very much. I'd like to make a motion to approve T6-12-0, by the recommendation of our Planning Department and the City Attorney's Office. I think I understand exactly what they would like to do. I do believe that the owner bought the property with eyes wide open to the inconsistencies that were there, so there was no guarantee to them of what they were entitled to. This anomaly needed to be worked out. And the recommendation of staff to right the error, if there is an error, is to bring it to T6-12-0. I believe if we are to consider going higher and further, that 18 -month period could be used to assess that entire block of Brickell Bay Drive, to see what the neighborhood really wants and what it should be and master plan it, and not let one domino dictate the rest or start piecemealing and spot -zoning. So I believe the entire area needs an analysis for the future if there -- if these buildings are at the end of their life. But for now, for this one, I recommend T6-12-0, and that's my motion. Ms. Tapanes Llahues: To correct the record -- Vice Chair Gort: Excuse me, excuse me. Ms. Tapanes Llahues: -- our client bought the record -- bought the property -- Vice Chair Gort: Excuse me. Ms. Tapanes Llahues: -- in 1989. Vice Chair Gort: I'd like for everyone to address through the Chair, please. All right? Is that understood? Now, we're going to now open the meeting for public hearing so we can have the public input. Chair Russell: Yes. You don't want -- Vice Chair Gort: You do not? City of Miami Page 254 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: -- to wait for a second for the motion, or you want to hear public first? Okay. Vice Chair Gort: I think we should hear from the public. Chair Russell: Okay. Ms. Mendez: And -- Vice Chair Gort: I mean, they been here for a long time. Ms. Mendez: -- Chairman, I believe also the Planning Director just wanted to address a couple points. Vice Chair Gort: Sure; after the public. Mr. Garcia: I'm happy to do so after the public hearing, sir. Vice Chair Gort: Okay. Ms. Mendez: Thank you. Mr. Martos: Would the board like to take public comment, or hear the intervenor first? Vice Chair Gort: Let's hear from the public first. Mr. Martos: Got it. Henry Pino: Good evening, Commissioners. My name is Henry Pino. I'm President of Alta Developers. My address is 1430 Brickell Bay Drive, Unit 207. I'm here basically to support the Babylon zoning change. I definitely think it was done incorrectly, and overlooked on. I also am here to convey that the rest of the area needs to be looked at as --j ust as closely as the Babylon. I think it was an oversight. For me, as a developer, I don't understand how the most valuable property in the City of Miami has a zoning of T6-8 and the buildings that are there are not even conforming. The amount of tax base that is being left behind because of the inappropriate zoning is huge. So I'm just here to say that I would like to see the whole area go back to T6-24, and this is waterfront property, that the City needs the dollars, and the folks here weren't even informed of the down -zoning nine years ago, and they've lost millions of dollars in property. Thank you very much. Vice Chair Gort: Yes, ma'am. Judy Santos: Good evening, and thank you for letting me speak. My name is Judy Santos. I live in 218 Southeast 14th Street, Miami, Florida. I just wanted to bring to your attention when you're talking about zoning and setbacks and everything, and you say that you have a different footprint, when you had the Ordinance 1100 [sic], you had a footprint of -- sorry -- 5,715, because your setbacks were larger than the Miami 21. In the Miami 21, you have -- sorry. I just copied this right now. I lost my -- you have a larger footprint, because you have less setbacks. In the Ordinance 1100 [sic], you had -- in the side of the water, you had a 20 feet setback, and now you have 15. So now you have 6,870. So if you're going to compare, compare apples to apples; not that you can do this amount or you can do the other one. In the Ordinance 1100 [sic], you could have done a maximum allowed square footage of 33,500. And now, with the ordin -- in the Miami 21, they can do 57,336. So that's a lot of difference. When you say, 'yes," you have a height on limit, you have this City of Miami Page 255 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 height. But when you take the space that you have and you reduce it, you do not have that. So we need to have that in consideration. The lot is small, so they can't pretend to do this huge thing, do a setback; then when they do this building, I'm going to see -- I can have coffee with my front neighbor; that's the problem. I'm going to have coffee with my front neighbor, because -- and it's not because it's allocated. It's a waiver. So I'm just bringing that. Thank you so much. Vice Chair Gort: Thank you. Yes, sir. Joaquin Perez: My name is Joaquin Perez. I live in Costa Bella for 19 -- 29 years. The address is 1450 Brickell Bay Drive. We consider that we have been discriminated by Miami 21, because seven buildings in the whole area has been downgraded to T6-8. That is a clear discrimination. That block is redlined by the City, and I don't know why the support to the application for the Babylon that we totally approved. And we have seen the maps; very clear that all those seven buildings are the ones discriminated, and we have -- my building has 22 floors. Now I have T8. What happens if something happen with a hurricane? I don't know. We have been deprived of our own right. We have been downgraded from what we have now. It's not a new building; it's just what we had, and that is what we are requesting; that we are restored from what you took without any knowledge on our side or any communication on our side. Thank you. Vice Chair Gort: Thankyou, sir. Yes, sir. Jabier Argeloa: Good evening. My name is Jabier Argeloa. I live in the Emerald at Brickell, 218 Southeast 14th Street. Many years ago, my family and I moved to Miami from a country with not enough law, where a hearing like this would simply not happen, so we should be grateful for this. And we choose Brickell Bay Drive, a small community in the middle of the City, where we have our children, we are raising our children, and right now, there is coming this zoning over the last five years. Obviously, for speculative reasons, they want to change the character of a small community, the residents of a small community, and I just want to respectfully request to all of you Commissioners, as representatives of the people, to reject that zoning request. Thank you. Vice Chair Gort: Thank you. Yes. Yes, ma'am. Lorraine Jessell: My name is Lorraine Jessell, and I live at 1408 Brickell Bay Drive, in Brickell Bay Tower, which is next to the Commodore, which is next to the Babylon. And the thought of having a super high-rise there is not pleasant for me at all, because it's so congested as it is. We love our neighborhood; I moved therefor that reason. I would think if we had a catastrophe and we lost our building that the City Commission would grandfather us back in to rebuild it so that the top few floors wouldn't have to live somewhere else. But, you know, I just think this is the last piece of Miami that's not a concrete jungle. That's all. Thank you. Vice Chair Gort: Thank you, ma'am. Yes, ma'am. Jessica Melendez: Good evening. Thank you. My name is -- Vice Chair Gort: Speak in the mike. Ms. Melendez: Sorry. Good evening. My name is Jessica Melendez. I live at 218 Southeast 14th Street. People ask me all the time how I live in Brickell; it's so congested, there's so much traffic, all this pollution. And I tell them, "You guys don't understand. I live in this little pocket, this little oasis, a nice little part of Brickell that it" -- "it's a neighborhood, it really is, and I love the neighborhood, and I really City of Miami Page 256 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 enjoy it, and I hope to live there a long term. " However, that being said, I think that approving the application as proposed, it would be a travesty not only to our community, our quality of life, the traffic, all of that, but also to the Code, in and of itself. It says that all zoning must be successional. And where does this jump come from; a T6-8 to a 48? This is honestly just going to open up the floodgates to other developers in other areas, other districts, in your districts to try to do the same thing. So I urge you guys to please deny. Vice Chair Gort: Thank you. Carla Wertman: Good evening, Commissioners. My name is Carla Wertman. My residence is 218 Southeast 14th Street. I respectfully request that you deny the up - zoning of the Babylon. The Babylon is on a very, very small lot. It will affect our quality of life, our lifestyle, and everything else that comes along with that, including our climate change, pollution, and everything that comes along with that. Thank you very much. Vice Chair Gort: Thank you. Next. By the way, you can use both mikes. Yes, ma'am. Chelin Duran: Hello. Good evening. Thank you, Commissioners; my first time here seeing you all. I'm Chelin Duran, and I live at 1440 Brickell Bay Drive. I also have a unit at 1450 Brickell Bay Drive that we bought about 30 years ago. The reason we bought it was because -- to enjoy the good quality of life; that in Miami is a small road, very, very, very tiny road. The traffic is very heavy, but we enjoy it, because it's just us, the five or six buildings. So we bike; we jog; we skate; we meet our neighbors. We enjoy a family residence area. So enough high-rises in the area. Let us enjoy and let us keep our home. They are not investment homes; it's our own home that we like to live. Thank you for your time. Vice Chair Gort: Thank you. Next. Jorge Negrin: Good evening. My name is George Negrin. I live at 218 Southeast 14th Street. And what I'd like to say is on the covenant, they want to get this covenant because they need it -- the commercial -- to bring -- do something for the Babylon. So it was approved, but they had to go to the Brickell Bay Drive Association to get permission, to get their support, and they did; they had it for so many years. And after all these years, the Babylon attorneys say the neighbors -- they went to the neighbors back then in the '80s to get help. Now they don't want the neighbors to be involved against making a really big building there. It's really -- according to the calculations that I've heard, if they do something like that, they can only do a 60 -square -foot office or apartment. Nobody's going to buy that for millions. They're trying to do is just get an approval to go up higher, and, really, I don't think it should pass. It's too small of a lot size. Congestion, the traffic, we all know that. But it's all about the neighborhood. We need now -- the neighbors need to go against this monster that wants to build next to us. But it's our reality. So my part is no for the Babylon. Thank you. Vice Chair Gort: Thank you, sir. Next. Christiane Galdeano: Good evening. My name is Christiane Galdeano. I live in -- on Brickell Bay Drive, 1420, and I'm here to say I'm against the rezoning. I like very much to live where I live. I've been living therefor many years, and I like it there, because it's the way it is. I don't think our block has the capacity to have a tower -- or many towers, because the rezoning of Babylon is going to be the opening of the Pandora Box, and we are going to be seeing many towers coming there, and our street doesn't have the capacity to have towers. Okay? Thank you very much. City of Miami Page 257 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Thankyou, ma'am. Yes, sir. Peter Ehrlich: Good evening, Mr. Chair and Commissioners. Peter Ehrlich, 720 Northeast 69th Street. I'm speaking in favor of T6-12. Thank you for the testimony from staff, the staff recommendation, and I think their testimony is compelling. I also attended the PZAB item when this item was also discussed, and many people were advocating for T6-8, and many were advocating for T6-12. I hope you'll vote for T6- 12 on this application. Thankyou. Vice Chair Gort: Thankyou. Yes, sir. Joseph Longueiro: I feel like this is Groundhog Day coming before the Commission, but my name is Joseph Longueiro. I live at 1420 Brickell Bay Drive. I oppose any up -zoning. I recommend you approve the Commissioner's motion. Brickell Bay Drive is special. The fact that they say when you did Miami 21, you changed it to a lower zoning than the buildings that were currently there, well, you're just trying to correct something, okay? The -- don't make a mistake that the City made many years ago that leaves Brickell Bay Drive the only street in Miami that you can drive along the water; the only street in Miami. (Applause) Vice Chair Gort: Please, please, please. Mr. Longueiro: Okay? Past history, I sat on the Plat and Street Committee for many, many years; reviewed all the projects in the City for the Police Department; was Chairman of the Impact Fee Board of Review. I know what projects like this that are oversized in a very small area can do to a neighborhood. Just think, later, when they come before you, how are they going to build a tall building and put all that traj5ric -- let it come out onto Brickell Bay Drive in that small little piece that's on a curve? So deal with the issue. Support Commissioner Russell's motion. Thank you. Vice Chair Gort: Thankyou. Yes, sir. Tucker Gibbs: Yes. Good evening. My name is Tucker Gibbs. I -- law of ices at 3835 Utopia Court, in Coconut Grove. And I'm here today representing the Millennium Tower Residences Condominium Association, at 1435 Brickell Avenue, behind the property subject to this rezoning application. My client objects to this appli -- the applicant's proposed rezoning for all the reasons set forth in your professional Planning staffs analysis and recommendation. My client also supports the Planning staff recommendation to rezone the property from T6 -8-R to T6-12-0, for the reasons set forth in the staff recommendation. Please note that the staff recommendation emphasizes Miami 21's successional zoning requirements for properties of less than nine acres, such as this one. And the applicable chart for such properties in Section 7.1.2.8(a)(3), which has already been discussed, shows that the appropriate increase in zoning from T6-8 is T6-12. My client urges your rejection to the applicant's request for the rezoning, and urges you to adopt the staff recommendation in the resolution in front of you now, to rezone from 6 -- to rezone to T6-12. Thankyou very much. Ms. Tapanes Llahues: Mr. Chair, I have a question for Mr. Gibbs. Mr. Gibbs: I don't think I'm subject to cross-examination. Thankyou. Vice Chair Gort: He just made -- this is -- You need to sit down. Relax. City of Miami Page 258 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Don't run. Tucker, don't run. Vice Chair Gort: Come on. Yes, sir. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. As you all know, I have a lot of hours in this chamber dealing with zoning issues. This is a really strange one. I heard an attorney argue for an up -zoning, based on a history that they readily admitted included a spot zoning. Spot zoning is illegal; and yet, somehow, that illegal spot zoning is the basis for requesting this up -zoning; makes no sense at all. Tucker Gibbs just laid it all out. This doesn't comply with the required criteria to qualms for an up -zoning. If you did up -zone this one small parcel, you'd have another spot zoning, because there's no T6-12 around it. And lastly, I'm surprised this hasn't been mentioned yet. This zoning that was placed there during Miami 21 was not a mistake. Elizabeth Plater-Zyberk studied this at great length. That's been reported in the papers. I'm surprised that wasn't mentioned. I was at about 10 or 12 of those Miami 21 hearings. What they're -- Commissioner Hardemon: Was it the Miami Herald? Mr. Cruz: I'm sorry? Commissioner Hardemon: Was it the Miami Herald? Mr. Cruz: I think it's been in a few. Commissioner Hardemon: Because if it was the Miami Herald, I -- Mr. Cruz: I think it was in the Herald. I think it was also in Miami Today. Vice Chair Gort: Okay. Come on. Commissioner Hardemon: -- had a little -- Mr. Cruz: Yeah. Oh, is that fake news now, Commissioner? Commissioner Hardemon: You said it; I didn't say it. Mr. Cruz: They don't always get it right, but they got it right on this one. So I'm surprised she's not here to defend her work. Has she been contacted? I have a question for the -- if I may ask a question of the Planning Director? Vice Chair Gort: He'll answer it afterwards. Finish your presentation, please. Mr. Cruz: Okay. This might --just to finish. Was Elizabeth Plater-Zyberk consulted about this, sir? Vice Chair Gort: He's going to get a chance to answer many things in your statement. Mr. Cruz: Okay. All right. Well, thank you for listening, and please turn this -- turn down this requested up -zoning. Thank you. Vice Chair Gort: Thank you. Francisco. Mr. Garcia: Very briefly, and maybe this is the appropriate time to address this one point, and it is important, and I'm glad Mr. Cruz brought it up, because he had been City of Miami Page 259 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 listening to the conversation I was having with the City Attorney, who was sitting here a moment ago, as Ms. Tapanes kept making reference to the term, "spot zoning, " which has a very specific definition, and certainly, implications. I kept raising the issue, and she advised me to please wait until the testimony was over, so now may be the appropriate time. Does this pertain to spot zoning? Firstly, "spot zoning" does not only refer to a zoning designation that happens to be different to all the ones around it; it has additional implications, very clearly, that the zoning designation is disparate and in contradiction with the -- and irreconcilable -- with the zoning designations around it. In this case, the present zoning designation is not, the previous zoning designation was not, and the prior to previous zoning designation under Zoning Ordinance 9500 was not. And briefly, as further evidence to that effect, I am going to quote from -- very quickly -- the proceedings of the City Commission meeting in which the ordinance was adopted, providing a specific zoning designation to the subject property. And I'm going to quote none other than Mayor Ferre, then presiding over the City Commission, who said as follows: "And that this would not be construed when we vote on Lots 4 and 5 as the precedent, and your clients will not construe it as spot zoning, " close quote. So even then, the conversation took place. And even then, with everyone present and in a public hearing, it was clearly set forth. And I continue to believe that that is the case; that the disparate zoning that was assigned to this property was not spot zoning, because it was very much an effort to provide for transitional zoning in this particular property to transition properly between the very different zoning to the north and west, and the very different zoning to the south and east. So in -- should you wish to go with our recommendation, introducing T6-12-0 as the zoning designation, we would essentially be doing the same thing. It would not be spot zoning, and I want to put that on the record clearly. It would once again be re-establishing the transitional zoning approach that the Commission that originally rezoned it to that zoning designation adopted. Thank you. Vice Chair Gort: Thank you. Yes, sir. Mr. Martos: Commissioners, thank you for this opportunity. I will need a few minutes to set up -- Commissioner Reyes: Mr. Chair? Mr. Martos: -- but I am going to suggest -- before I make a presentation, I'm going to suggest that if there's a will from the board -- I heard a motion, but not a second -- to entertain T6-12, my client is willing to accept that with -- after making a few statements on the record. I don't know if, Chair, if there's a way to make maybe a straw poll or any kind of approach, we can do it for that. But I think it would save us a lot of time, because I'll probably spend as much time as Ms. Tapanes spent. Vice Chair Gort: I think you should go ahead and do it. Mr. Martos: I should go ahead and do it? Vice Chair Gort: Yeah. Mr. Martos: Understood. Vice Chair Gort: I mean, we all got to be familiar with everything that's taking place. Mr. Martos: Yeah. Vice Chair Gort: So we could -- saying, "She said/he said. " City of Miami Page 260 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Hannon: Excuse me, Vice Chair. Vice Chair Gort, is the public comment period now closed for PZ.13? Vice Chair Gort: After this one, it will be. Commissioner Reyes: Mr. Chair? Mr. Martos: Okay. Commissioner Reyes: Mr. Chairman -- Vice Chair Gort: Yes, sir. Commissioner Reyes: -- I have a -- (UNINTELLIGIBLE) because -- and it all -- it is about appearances. This gentleman back there -- Sir? What's his name? Eddy? No, no, the gentleman behind you. Sir, you see, I don't want to have any appearances of not doing what is right. Are you as -- in here as an advocate for the opponents of the Babylon, or are you here as the counsel for the Mayor? Because I see you talking to the -- to staff, and then going and talking around. That is not right, sir. I mean, if you -- I mean, you were the attorney for record of the Babylon, that -- Eddy Leal: (UNINTELLIGIBLE). Commissioner Reyes: Excuse me. Excuse me. What I want to know is, I mean, I want -- say it again all the time -- I want transparency. I don't want anybody believe that what you're doing, you're trying to influence either the staff, or influence the old people. I saw you. I was watching you, and there were some people, that they called upon my attention, called attention that -- what you were doing. It is not right, sir. You should -- if you are here as a proponent of a different type of -- whatever. I mean, you're supporting the people that oppose the Babylon, you cannot be then the counsel -- be here as the counsel for the Mayor, because that -- it is not right. I just want to make sure that everybody understand that, and the sake of transparency, and I want you to stop that. Vice Chair Gort: Thank you, Commissioner Reyes. Let him answer. Yes, sir. Mr. Leal: Commissioner Gort, Commissioner Reyes, I appreciate the opportunity to address that. I think the beginning of this year, I appeared before this board on a repeated basis as a concerned resident. As some of you know, I am the President of my condo board. I am also in a position in the Point View Association, which is a version of the Master Association in that area. Many of my friends, neighbors are present here. I take an opportunity to thank them for being here, as I have seen you, Commissioner, lead your neighbors when they were addressing Silver Bluff. You've talked to them. You've addressed their concerns. Commissioner Reyes: I'm a Commissioner, sir. Mr. Leal: You are a Commissioner, of course. Commissioner Reyes: That's right. But -- Mr. Leal: May I finish, Commissioner? Commissioner Reyes: Yes, finish, please. City of Miami Page 261 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Leal: Thank you. And my point in this process where it began early in this year was to assist my neighbors. I am a concerned resident. I have, as you might appreciate, a First Amendment right. Commissioner Reyes: Yes, sir. Mr. Leal: We're talking about due process. We're talking about the opportunity to -- everybody has their issues raised, and that is clearly a key process here. On PZ. 13, on that issue, I think I've decided not to necessarily address that, because I think the Commission has been well served by your City of Miami. I think, also, that you have been well served by the vocal members of -- our neighbors that were here and presented. I try to be very respectful to the Commission, to be judicial in an economic perspective. I think we've heard a lot of that this afternoon. I think you would agree with me. So having my voice heard on this issue, I only speak as the President of my building, as someone that has lived therefor an extended period of time. Actually, I grew up in that building. My secretary and Vice President of my building were not here. Well, actually, they were here. They had to leave, because this takes too much time. So to answer your question, as it -- excuse me -- as it relates to talking to my neighbors, I think it would be disrespectful if I didn't say, "Hello. How are you? How's everything going?" and that's the extent of it. So I think that we should -- I think you would agree with me to keep it all professional and give respect -- Commissioner Reyes: No, I'm keeping it professional. Mr. Leal: But I think you are. If not, otherwise -- Commissioner Reyes: Wait a minute. Wait a minute. But what I saw, what I was watching here was you encouraging and coaching them, and then going and talking to the staff, you see. It could -- Mr. Leal: But hold on, Commissioner. I have to -- Commissioner Reyes: -- you might not -- wait a minute. Mr. Leal: -- but I have to address that. Commissioner Reyes: Wait a minute. Let me finish. Let me finish. Vice Chair Gort: Wait a minute. Through the Chair, please. Commissioner Reyes: Okay. Vice Chair Gort: I'll let you answer -- Mr. Leal: I would (UNINTELLIGIBLE). Vice Chair Gort: --let him finish, and I'll let you answer. Commissioner Reyes: Let me finish. Mr. Leal: Thank you, Commissioner. Thank you. Thank you, Chair. Commissioner Reyes: Okay. What I'm saying is that that could be perceived, you see, it could be perceived that you being from staff of the Mayor, being the counsel for the Mayor, when you talk to the -- some staff -- I don't know. You might be talking about the Marlins, but that could be perceived that you -- just you City of Miami Page 262 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 encouraging and you give five -- high five, and congratulating everybody that spoke against it, and then going over there, that they could be influenced by -- and we cannot allow that here, sir. That's the only -- my only point. Vice Chair Gort: Thank you, Commissioner. Mr. Leal: Commissioner, I'm happy -- Vice Chair Gort: Excuse me. Mr. Leal: -- Chair. Vice Chair Gort: Commissioner, you through? Yes, sir. Mr. Leal: We ordered Papa John's. If you would like some, it's upstairs. That's the extent of our conversation. Commissioner Reyes: No, that's not funny. Mr. Leal: No, no, that's the extent of our conversation, Commissioner. That's the extent of our conversation. There is Papa John's upstairs. I don't know if there's any left, because I haven't had any of it, but I ordered for the staff, so everybody could enjoy some. Thank you. Ms. Tapanes Llahues: Mr. Chairman -- Vice Chair Gort: Thank you. Excuse me. Excuse me, please. Commissioner Reyes: I just want you to -- Ms. Tapanes Llahues: -- I need to say something, please. Commissioner Reyes: -- stick to your role. That's it. Mr. Leal: I appreciate that. Commissioner Reyes: And don't give anybody here -- anybody that is watching this the wrong perception. That's it. Mr. Leal: I appreciate that. Commissioner Reyes: Perception is everything. Mr. Leal: Of course, Commissioner. Commissioner Reyes: That's it. Mr. Leal: Thank you. Commissioner Reyes: Thankyou. Ms. Tapanes Llahues: Mr. Chair, I need to preserve the record and ask Mr. Leal a few questions. Mr. Leal: I don't think -- I'm not under cross-examination, and I have addressed the Commissioner's questions. City of Miami Page 263 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Tapanes Llahues: Through the Chair? Mr. Leal: That's the extent of it. Thank you, Commissioner. Vice Chair Gort: Thank you. Ms. Tapanes Llahues: Through the Chair, this is to the legality of this proceeding. Commissioner Carollo: You know, I -- I'm amazed. Vice Chair Gort: Go ahead. Ms. Tapanes Llahues: Mr. Leal? Mr. Martos: Through the Chair -- Ms. Tapanes Llahues: Excuse me, Mr. Martos. Mr. Martos: Yes. Ms. Tapanes Llahues: I've asked Mr. Leal -- Vice Chair Gort: Let her get her things out and -- Commissioner Carollo: Can I call a time out, Commissioner? Vice Chair Gort: Yeah. Commissioner Carollo: Chair -- Ms. Tapanes Llahues: Mr. Leal has testified. I need to ask him a few questions. Commissioner Carollo: Okay, but while I got him up here now, I'd like to ask him -- and don't go away. You wanted a mike. Yeah, I'd like you up at the mike. When you came up and wanted the intervenor status -- Mr. Martos: Yes. Commissioner Carollo: -- you said you wanted the intervenor status because you had just come in representing these people, correct? Mr. Martos: Because I represent these people, yes. Commissioner Carollo: Can you--? Mr. Martos: I can specify who, for the record. It's the Emerald Condominium Association, Judy Santos, and Jessica Melendez; primarily, it's the Association at this time. Commissioner Carollo: Okay. And which association again? Mr. Martos: The Emerald Condominium. Commissioner Carollo: And you stated you had just started representing them; that's what I understood. This is why -- Mr. Martos: No. City of Miami Page 264 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: -- you asked for a deferral -- Mr. Martos: No, no, I didn't. Commissioner Carollo: -- that you didn't have the time. Mr. Martos: I -- at no point did I say I just started representing them. Commissioner Carollo: Okay. When did you start representing them? Mr. Martos: March. March -- actually, that was the first thing I was going to say as part of my presentation. Ms. Tapanes requested the date of the resolution and the meeting. The date was March 14, and I think on March 15 -- or maybe even March 14, I had my first conversation with you about the very matter. Commissioner Carollo: Okay. Mr. Martos: The reason why I was asking for a deferral -- and I'm no longer asking for a deferral, by the way. I think that's pretty clear. Commissioner Carollo: I think that is. But let me finish in this -- Mr. Martos: Sure. Commissioner Carollo: -- and then you could say whatever you like. What I understood was that you had just started representing them; that's why you needed that extra time. Commissioner Carollo: Okay. There was a misunderstanding; that's fine. You corrected the record now. Now, when you started representing them, you said it was in March 14, I think, or --? Mr. Martos: March 14 was the date of the resolution authorizing me to appear before the various boards, yes. Commissioner Carollo: Okay. And which boards did you appear first in March? Mr. Martos: PZAB and -- Commissioner Carollo: And what date was that? Mr. Martos: I don't recall the date. Melissa? May 1. Commissioner Carollo: It was in March? Mr. Martos: May 1. Commissioner Carollo: May 1, okay. Mr. Martos: Yes. Commissioner Carollo: So the first time you approached anybody in the City was on May 1, or was -- did you approach anybody before that? City of Miami Page 265 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: I don't recall; I honestly don't. Commissioner Carollo: Excuse me? Mr. Martos: I honestly don't recall approaching anyone at the City with respect to this application prior to May 1. My conversations were really focused with -- I don't think I'm giving anything confidential away -- with trying to resolve our issues with the settlement. I don't want to talk about the terms of that -- of those -- the specifics of that conversation -- Commissioner Carollo: And to -- Mr. Martos: -- but with Ms. Tapanes. Commissioner Carollo: I'm not asking that. Mr. Martos: Right. Commissioner Carollo: But to have addressed Ms. Tapanes, did you have to register as a lobbyist or not? Mr. Martos: For Ms. Tapanes? No. She's not the government. Commissioner Carollo: That's what I thought; that's -- Mr. Martos: I know. Commissioner Carollo: -- why I was asking that. Mr. Martos: Right. Commissioner Carollo: So the first time you approached that you're telling me you have any recollection, anybody from the City -- Mr. Martos: I really don't, sincerely. Commissioner Carollo: -- was -- you don't remember? Mr. Martos: Sincerely, I don't. Commissioner Carollo: Okay. I'm asking you that, and I think you know why, because when you register as April 9; that's why I'm trying to ascertain. But since there was a misunderstanding in what you stated, what I understood -- Mr. Martos: I appreciate that, Commissioner, very much. Thank you. Ms. Tapanes Llahues: I have a few questions for Mr. Leal. Commissioner Carollo: He must be looking for the crumbs from the Papa John's Pizza. Ms. Tapanes Llahues: Well -- Vice Chair Gort: Wait a minute. Ms. Tapanes Llahues: -- for the record, Mr. Leal has spoken before this City Commission several times as it relates to the 1983 covenant. Mr. Leal has never City of Miami Page 266 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 registered as a lobbyist. Mr. Leal testified as an unregistered lobbyist at the May I PZAB hearing. Mr. Leal spoke on behalf of his -- the 1420 Brickell Bay Drive Condominium Association. Again, as a City employee, he was already employed by the City of Miami on April 22, 2019, and he appeared before the Planning and Zoning Appeals Board on May 1, lobbying both the City Administration, as well as the Planning and Zoning Appeals Board. And to date, he has not registered as a lobbyist, simply because he cannot register as a lobbyist, because he has a financial relationship with City officials as an employee of the City of Miami. And since he spoke, I felt like I should put that on the record. Thank you. Vice Chair Gort: Thank you. Commissioner Carollo: Well, I'm glad you did. And if you could be so kind, if you could send copies of that to my office, I'd like to see it, because the one thing that I do have a problem with before I even found this out is that -- Madam City Attorney, when the Office of the Mayor hires someone that's got the title as legal counsel, like we've been told by him that that's the title that he has, isn't that supposed to be approved by this Commission? Don't we have a right to approve that? Ms. Mendez: Yes. Commissioner Carollo: Then -- Ms. Mendez: But remember that those approvals happen in a lot of ways, depending on if there's budgetary approvals -- Commissioner Carollo: Well -- no, no, no, no. Ms. Mendez: -- or line items or -- but it needs to be approved, yes. Commissioner Carollo: Since these came in, we haven't had any budgetary approvals, any line items -- Ms. Mendez: Okay. Commissioner Carollo: -- and no requests have come to this Commission, whatsoever, unless I missed something. If anybody else in the Commission remembers that the Ojfice of the Mayor sent a request as a pocket item -- because I haven't seen any in the agendas, for that to be approved -- that also has not been approved. So I guess we're going to do things the way that Fisher Isle -- the representation was done, too, and others. Chair Russell: Understood. All right. (UNINTELLIGIBLE). Commissioner Carollo: Well, this is why -- Ms. Tapanes Llahues: That seems (UNINTELLIGIBLE). Chair Russell: Restate again; the mike was off. Could you say it again, Ms. Tapanes? Ms. Tapanes Llahues: It is clear that there have been changes in the City Administration's position that continue to change, and that there is political pressure at hand here. We're just watching, as everybody else is watching, and we could tell you it does not feel right, and that is why we're asking this Commission to wrong the right [sic] of the Babylon. Thank you. City of Miami Page 267 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: It's astute as representative of your -- Ms. Tapanes Llahues: To right the wrong. Chair Russell: -- client to put that on the record in anticipation of potential appeals. That's what this is about, really. Everybody's laying the groundwork for when a lawsuit happens. What has been placed on this record will be used at that time. I can respect that, but I really like us to be careful about disparaging people's character; whether they're City employees, whether they're residents, whether they're attorneys. I really want to keep civil discourse throughout. Commissioner Reyes: Mr. Chair -- Chairman -- Vice Chair Gort: First the Chair to you. Commissioner Reyes: -- you are not as -- referring to me, because what I wanted to do was clarify what position this gentleman was in, because the way that it would be Chair Russell: I'm sorry, I couldn't hear you. Commissioner Reyes: I mean, you are not referring to me, right? Because I'm not disparaging anyone -- Chair Russell: Oh, no, no, no, I'm not, I'm not. Commissioner Reyes: -- you see, because I want to make sure that the perception of -- the perception was wrong, because he was fist pumping; he was encouraging people over there; he was coaching people. And then he went and he start -- talk to all the staff. Anybody that is watching here -- Chair Russell: Yeah, and -- Commissioner Reyes: -- you see, could very well think that there is political pressure. Chair Russell: Right. And you went to that inference of -- Commissioner Carollo: Well -- Chair Russell: --just being on the wrong side of the wall there -- Chair Russell: -- Mr. -- Chair Russell: -- and what hat he's wearing. It's a respectable question for the side of the applicant. I do recognize they are casting some aspersions to set the tone for a later case. I understand. Commissioner Reyes: I would have done the same thing if they would have been in favor of -- Chair Russell: I understand. I understand, and that's all part of the process. Commissioner Carollo: Mr. Chairman, I certainly -- I had to step out. I did not see that, so I can't talk about that. But what I can talk about is if what the attorney for the applicant is saying is true, and she has evidence to that effect, those are very serious ethical violations at the very least. Besides, I believe if he is a City employee City of Miami Page 268 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 -- or was at the time -- that he would need permission, not just from his own boss, his immediate boss, but from the City Manager to have an outside employment. So I'll leave it at that. Vice Chair Gort: Okay. So where are we at? Mr. Martos: May I present? For the record, Edward Martos; offices at 2525 Ponce de Leon Boulevard. Commissioners, I am here representing the Emerald Condominium Association, Ms. Judy Santos, and Jessica Melendez. To give you some context, some of the people who were here in favor of -- or rather in opposition of the proposed rezoning before you decided not to speak, but I'd like to acknowledge them, because they did take the time, and they've been sitting here for some time. Would everyone who is opposed to the rezoning just please stand up, or raise your hand so that the chamber can see. Stand up is better, if you don't mind. So we've got quite a few. Okay. I just wanted to make sure that everyone was acknowledged. I stated earlier for the record, but just so that we have a clean record, Ms. Tapanes' request to identify the date of my authorization from the Emerald Condominium came on March 14, and I will give you the documents, as I promised earlier. I'm going to try to make this short and sweet; as short and sweet as I can. Please bear with me. There's a lot of issues, as you heard. Ms. Tapanes presented a lot of information. What I'd like to do is for the record, just clarify that I'll have another opportunity to add additional information, if necessary, at second reading. I'm ex -- I'm condensing and moving a little faster, because part of what you -- Commissioner Carollo, you asked what the deferral was for. It was in order to secure an expert; that's why we were interested in having a deferral. I still think -- Vice Chair Gort: To secure what? Mr. Martos: An expert, an expert witness. Commissioner Carollo: But counselor -- Mr. Martos: Yes. Commissioner Carollo: -- in all frankness, if you were brought in March 14, you've had several months -- Mr. Martos: We spoke -- yes. Commissioner Carollo: -- that you knew you were going to have to end up getting an expert. And if you didn't get an expert by now -- Mr. Martos: Sure. Commissioner Carollo: -- that's your fault. Mr. Martos: It's not my fault. It's a very specific expert that we wanted, and if you knew who that person was, you'd understand why that person makes all the difference in this case. So that's not a problem. I can proceed with my presentation without it. I'm just stating for the record that we may present additional information at second reading. And with that said, let's get to the heart of the matter. The Babylon -- the Emerald Condominium Association, Ms. Santos, and Ms. Melendez oppose the rezoning for essentially four reasons, and a lot of these four reasons are captured in your staff report. The staff report -- they're a professional staff; the only professionals who have spoken so far on the record -- have told you that this is not consistent with Miami 21; that the proposed T6-48 is excessive, it's not compatible. They stated all these things in their staff report, and I adopt it by reference. Your City of Miami Page 269 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 City Attorney has told you that there's severe gray area in this; another expert has spoken. So successional zoning, which we've heard a lot about, we will be getting into this a fair amount, I suspect, as we go back and forth. But the key thing I want you to know is that Melissa Tapanes -- Ms. Tapanes -- started her presentation by saying, "Exceptional circumstances" of why you need to vote in her favor. There's nothing in the Code that says exceptional circumstances are an exception to successional zoning. It just doesn't exist. A big reason for not having exceptional circumstances as being an exception to successional zoning is because of the horrible precedent that it would set, and the ramifications that you would have. In every single one of your districts, in every neighborhood of your districts, you will see the potential for this same occurrence. Next, I'm going to present why there was no scrivener's error; simple enough. What we actually saw was somebody sleeping on their rights. A sophisticated property owner who had all the notice of Miami 21, saw it all happening, and let it go; did not file any appeals; in fact, did not file a rezoning application for their property until approximately five years -- if I'm a little off on the record, I'm sure Ms. Tapanes will correct that -- but it was four or five years after the adoption of Miami 21. And then finally, I want to bring home the fact that there's no damages. Your staff has already presented a lot of information on that reason. I'm not going to go into it in detail, but it's critical here, because, again, if we're talking about exceptional circumstances and the entire exceptional argument is that they're hurt in some way -- right? -- and yet, I can show you that there's no damages. Really, what you have here is a grab for more density, a grab for more -- not density, but intensity, rather; the ability to build more; the ability, frankly, to encroach into a neighborhood. I put this here for reference, but we all know the site very well. Just to give you an idea, the Emerald is to the left of where you see the yellow box, which is the Babylon. First, let's get into the successional zoning argument. A proposed rezoning is not successional. Miami 21 states in very clear terms all rezoning must be successional. In addition to the table that you see in front of you, the Sub -Paragraph 'A," there are multiple references in Article 2 and in Article I that speck what successional zoning is. And it says that it is critical to the entire framework, okay? I have a excerpt from the meeting minutes where Miami 21 was finally adopted, and I've highlighted for you a quote, in yellow -- I'll submit it into the record and then pass it along -- a quote from then -Mayor, explaining why -- how Miami 21 was designed to protect neighborhoods from frequent and drastic up - zoning, where if somebody would not zone to the next possible level, but jump multiple levels in zoning, and it was hurting neighborhoods. He promised that successional zoning would stop that. That was the promise that was made to the citizens of Miami, and frankly, to my clients. In the successional zoning table -- Commissioner Carollo: Did -- which Mayor was that? lui�i� e i I� Commissioner Carollo: Okay. Didn't mention anything about Marlins Stadium and the sweetheart deal, right? Vice Chair Gort: Come on. Commissioner Carollo: Okay. Mr. Martos: Well, I didn't care for that, I'll tell you. Commissioner Carollo: Well, making sure it didn't mention that. Mr. Martos: The successional zoning table allows you to jump one level; that's essentially it. And you see that in front of you, the green squares. You can go from T6-8 to T6-12, and that's what they would be allowed to do if they met some other City of Miami Page 270 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 criteria, which we're about to speak about. You need to see this context. The developer is seeking not that one step; he's seeking five levels, okay? Frankly -- Commissioner Hardemon: Can I interrupt you for a second? Please, Mr. Chairman. Vice Chair Gort: Yes, sir. Commissioner Hardemon: We understand what they're trying to do. Mr. Martos: Okay. Commissioner Hardemon: We understand that they're -- there's an argument about successional zoning. The crux of this issue is whether or not they are -- they should be allowed to go from where they are zoned today to the zoning that they're requesting, which is the -- what is it? -- like 48, right? Mr. Martos: Mm-hmm. Correct. Commissioner Hardemon: And they're willing to compromise to a 36. The Chairman -- or Commissioner Russell -- wants to offer a T6-12, which you were amenable to. So what I need to know is, tell me why, what she's stating on the record, one, that it's not a rezoning, because it's a correction of a map. She presented a lot of facts -- right? -- that seem to me that the things that she's presented have -- are true, and lend to other decisions that we've made in the past to correct maps. And so, I'm having a hard time understanding why what she's describing is not really a taking from the City, because she -- her -- because her client didn't have any due process as to the fact that they were being down -zoned the way they were, and not maintaining the type of zoning that the other neighbors that they have that were similarly situated as office holders have. Mr. Martos: I have -- Commissioner Hardemon: And so, going through a long presentation about successional zoning -- Mr. Martos: It's almost like -- Commissioner Hardemon: -- it's not going to move me. Mr. Martos: -- essentially -- Commissioner Hardemon: What I need to understand -- the issue I need to understand is whether or not she deserves what she's asking for, and that the City made a mistake -- Mr. Martos: Right. Commissioner Hardemon: -- because if the City made a mistake, and in fact, it ended up being the taking of her property -- Mr. Martos: Right. Commissioner Hardemon: -- then I'm inclined -- Mr. Martos: Right. City of Miami Page 271 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: -- to rule in her favor. So tell me why that I should not believe that. Mr. Martos: I have three very quick responses to your points. One, nowhere in the Code does it say you can suspend successional zoning, nowhere; not for scrivener's errors; not for anything. Remember that these decisions are legislative decisions, and you don't second-guess legislative decisions just like that. Scrivener's error is something of a typo. We all know that, that's what a scrivener's error is. Commissioner Hardemon: But can a scrivener's error include maps? So typically, a scrivener's error is about words, right? Mr. Martos: Right. Commissioner Hardemon: So I included one word versus another, "and" versus "or. " Mr. Martos: Right. Commissioner Hardemon: Now, here is a pictorial depiction of what the words mean -- Mr. Martos: Sure. Commissioner Hardemon: -- which are the maps. And so, if there was an error in the map, as what was presented, and it seems through the previous applications -- right? -- that the City at least acknowledge that, because there's joint application as to the changing from the "R" to the 48. Mr. Martos: I agree. Commissioner Hardemon: So help me understand that; and then, why? Because also, in the past -- Mr. Martos: Yeah. Commissioner Hardemon: -- on this dais, we've made corrections to actual maps that ended up having a zoning effect on the applicant. And so -- because where I am, from where I'm sitting, it almost comes off as a taking. Now, I could understand why the City, upon new analysis, would say, "Oh, okay. Well, we think that a T6-48 is not where it should be. We should do something lower, " okay? But now, this occurs after you acted as a partner with someone, where you told them -- Mr. Martos: Sure. Commissioner Hardemon: -- T6-48 is appropriate. Mr. Martos: Well, let me -- Chair Russell: Just a moment before you answer. I'd like to comment on that, and that may color your answer, as well. I had made a comment earlier, and if I was in error, I apologize. I assumed that the owner purchased the property after the change to Miami 21. Mr. Martos: No. City of Miami Page 272 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: If the owner had purchased the property prior to that, during the '80s, they were the owner of record during the entire transition period, and would have been able to participate in a very public process for that zoning change; at which point -- Mr. Martos: Correct. Chair Russell: -- if they believed there was a taking that was the time to say so -- Mr. Martos: Correct. Chair Russell: -- if I'm mistaken. Mr. Martos: Correct. Ms. Tapanes Llahues: No. Commissioner Hardemon: But see -- Mr. Martos: That is right. He was the owner. He had "O" zoning. All his neighbors changed from "O" zoning, by the way, to the -- to SD -S, which is today is - Ms. Tapanes Llahues: That's not correct. Vice Chair Gort: Excuse me. Mr. Martos: Well -- Vice Chair Gort: You'll get a chance later, though. Let him finish. Mr. Martos: I will show you slides, and I trust Francisco -- he's nodding, "no." I have slides. I have evidence that suggests that that was the case. I'm curious to know if Francisco is -- why he's nodding, but that's neither here nor therefor this moment, Francisco, if you'll allow me to finish. He was the owner of record. He had ever opportunity to participate in Miami 21. He's a sophisticated owner of record long before, since the '80s, okay? So this didn't surprise him. To go to my -- what was going to be my last point sooner, your staff has already -- your competent staff has given all the evidence to say this wasn't a down -zoning, okay? They have more development rights. And frankly, the one thing that they lost -- okay? -- was the right to do office, because it was changed to an "R, " which is restricted, which doesn't allow office. That right they had given up. In 1999, they completed a condominium conversion of the building to residential condos. There's a declaration of condominium on the property, and it shows nothing but bedrooms and dining rooms, and the like. They gave up their office rights, and now they're claiming that they really want office, when we all know that this neighborhood -- you don't have to be a real estate expert -- the highest and best use is residential. Let's be frank. We don't need to be geniuses for that. To another one of your points about whether you could have a scrivener's error be a map change, again, when you have a map change occur over and over and over again, and it's re-examined -- it was done more than -- more than 10 draft maps were circulated at that time; more than 100 public meetings were done. And we have statements, which I'm going to submit into the record from the people who made the maps, saying that there was no error, okay? That makes a lot of difference; it shows you something. Commissioner Hardemon: So why did -- City of Miami Page 273 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: And Francisco's point -- Commissioner Hardemon: And then, remember -- Mr. Martos: -- if I may, Commissioner, just -- Commissioner Hardemon: I'll let you finish. I just want you to remember this question. Mr. Martos: Yes. Commissioner Hardemon: Then why would the City join in an application with the applicant -- Mr. Martos: I have an answer for that. Commissioner Hardemon: --for T6-48? Because -- Mr. Martos: I have a good answer for that. This is good. It feels like law school again, and I like it. The -- Francisco determined that there was a scrivener's error, and Francisco's staff determined there was a scrivener's error. It's not of the nature that they're describing. Initially, the scrivener's error that they identified had to do with split -zoning. They believed -- man, there's a lot of slides. I promised these were going to go really fast. So this slide here, why did they think there was an error? Look at that map. This is in the record. This is from the staff report that was prepared in 2016. You see that blue line? That's not mine; that's the staffs. The Property Appraiser's page for this property was wrong. The City of Miami GIS (Geographic Information System) was wrong. It showed that blue outline as being their property. And we know where their thinking was going, because it's in writing, okay? I have -- you have the papers? Okay. We're going to submit to you their staff report. The very first page of the staff report for 2016 says, "This is split -zoning. " Commissioner, you'll remember just a few months ago, I had a property in your district where it was split -zoning through a building, and the building was from the '40s. Commissioner Hardemon: Wynwood. Mr. Martos: You recall. That's split -zoning. That's a real problem. That you can claim is a scrivener's error. Why on earth do you put a zoning line in the middle of a building? Commissioner Hardemon: Unless it wasn't one building at one time; maybe it was two buildings. Mr. Martos: This was one building since the '40s -- Ms. Tapanes-Llahues: That's not true. Mr. Martos: -- right? So you could say this is a scrivener's error. And frankly, Commissioners, conditions like that, where you have a zoning line cutting through a building or through a parking lot -- Commissioner Gort, in your district is an excellent property, Studio 60. Studio 60 has a zoning line cutting it between T6 and T3; the same commercial property that -- by the way, another warehouse that dates back to the '40s or '50s (UNINTELLIGIBLE). City of Miami Page 274 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: So my question for you is this: If an error can exist where you have encroached into another property, expanding the boundaries of the subject property -- Mr. Martos: Yes. Commissioner Hardemon: -- if that can be an error, then why can't an error also be that the property that is next to that property that is determined to be "O, " be "O, " as well? If you're showing me an error -- Mr. Martos: Sure. Commissioner Hardemon: -- what makes me think that a different sort of error could not also exist? Mr. Martos: So -- Commissioner Hardemon: It's not as if you're saying to me -- because earlier, you said, "Listen, the City spent hundreds of hours going over this, effectively, " right? They've had public hearings, they've had -- they've shown many maps, and that the owner did not know. He should have known. But then, again, you're also saying that, "Oh, but they're" --you know -- "the City does make mistakes. " Well, if the City made mistakes, the City had these maps -- Mr. Martos: Yes. Commissioner Hardemon: -- and spent hundreds and -- Mr. Martos: Yeah. Commissioner Hardemon: -- thousands of hours and -- Mr. Martos: Yeah. Commissioner Hardemon: -- still presented it with mistakes. And then, come to realize, "Oh, my God, there's a mistake here." So why can't the mistake be exactly what she's described on the record, just the same as the way you were --? Mr. Martos: As a matter -- Commissioner, as a matter of law, I don't think a scrivener's error on something that affects zoning -- right? -- which the State of Florida has ruled is special from all of the things that you do, because it affects property rights, I don't think as a matter of law you can correct a zoning map on the basis of there being a scrivener's error. Why? Because Florida Statutes have heightened requirements of notice and the like, because it is affecting property rights. It's the nature of the scrivener's error. Now, there are circumstances where I can foresee there being a scrivener's error on a map. For example, this board says, "Rezone Lots 5 and 6, "and the person doing the map rezones 5 and 7. Clearly, you have a written record saying, "Rezone 5 and 6." Okay? That correction can be made. That's not the nature of correction here. Here, you had maps, over and over and over again, which this body approved, over and over and over again, examined over and over again, the public commented over and over again, and now you're affecting property rights. You're affecting my neighbor's property rights. You're affecting everybody who relied on this map to make their decisions about where they should live, what property they should buy. I'd like to -- Vice Chair Gort: Go ahead; continue to finish. Let's write any questions that we have and then we can ask him at the end of the presentation. Go ahead. City of Miami Page 275 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Well, I'm hoping he doesn't go all through -- because he understands what we're looking at. I'm hoping you don't --you're not trying to make a full presen -- I want you to get to the crux of the issue, so I don't -- Mr. Martos: I want to be quick. I want to be quick, too. Commissioner Hardemon: It's not about being quick; it's about being -- it's about -- Mr. Martos: Right. Poignant. Commissioner Hardemon: -- going to the issue at hand. Correct. Mr. Martos: Poignant. And I'm happy to do that. This next slide, I just have one very minor point, and it's important, because it needs to be clear on the record; I don't think it was. You have two requirements. Successional zoning is in Paragraph "A." Paragraph "C" are the requirements regarding 200 linear feet, 40,000 square feet -- this property does not have it -- or extending a zone. And part of the logic of that application is, it's okay, because we're extending the zone next door. The reason why I have to lay that preface is because my next few slides are about how bad a precedent this is, and I've taken a lot of time to examine each of your districts to find locations where it's very clear that something similar could be argued along the roads on Coral Way. You've had multiple hearings regarding all those parking lots that are encroaching into single-family neighborhoods. Why on earth would a zoning map draw it that way? How -- why can't somebody argue that that's a scrivener's error that should be corrected? In Little Havana, near Miami Senior High, this entire area is characterized by a major use, very high intensity, a school. And it's surrounded by T6 zoning. Why not encroach in there? There are particular properties -- I think you can see my arrow there. This one, for example, where there's a split right between the lot, in the building, between T6 and T3. Why shouldn't that person's property be entirely TV Why can't he argue a scrivener's error? In -- going into Coral Gate -- another example. You could do the same along Flagler -- okay? -- in the area of Flagami. Look at this setup here. You've got T6 -- you've got indentations of T3 going into T6. And in many of these cases, there isn't a road. Look at -- look here. There isn't a road between the TS that you see there and the T3. They're right up against each other. That creates a condition where you could build five stories next to a two-story or one-story house. Why isn't that a scrivener's error? Here again in Flagami, along Calle Ocho -- Chair Russell: I have a question, Mr. Attorney -- Mr. Martos: Blue Lagoon. Yes. Chair Russell: -- on this map. These aren't examples, however, of mismatching zoning and land use, correct? Mr. Martos: Not mismatching zoning and land use. I don't think zoning -- the mismatch -- I disagree with your staff that the mismatch between zoning and land use is all that important, because they can -- Chair Russell: It wasn't the initial reason for the correction. Mr. Martos: Correct. It was an additional reason for the correction and -- Chair Russell: And I do remember that in 2016, with the -- Mr. Martos: Correct. City of Miami Page 276 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: -- lot extension beyond. Mr. Martos: Correct, correct. Chair Russell: But I think you're making your point. Mr. Martos: And I'm rushing through this, but you get the idea. In Allapattah, look here at these corners here, at major intersections. You got T3 next to T6. Any time you've got a property owner who's got an encroachment, I don't see how you fairly say to him, "Oh, you don't" -- 'you get an administrative waiver, " or "You don't have to go through the process that Florida Statutes require, including notice and the like. " In Palm Grove, in Upper Eastside, in -- along Martin Luther King Boulevard - - okay? -- in Little Haiti, check this out. You've got a pocket of T3 surrounding -- Commissioner Hardemon: Wait. Tell me about ALK (Martin Luther King) Boulevard. Mr. Martos: I'm sorry? Commissioner Hardemon: Show me -- go back to MLK Boulevard. That's not -- Mr. Martos: One more? Commissioner Hardemon: -- okay, one more. Mr. Martos: Yeah. Chair Russell: Which we exclusively named today. Commissioner Hardemon: So what are you saying there? Mr. Martos: What I'm saying is that -- and if you've got no street here at all, and I go ahead and I buy this lot here, all right? And I also own this lot here. I'm saying to myself, "I got this unified lot. Why on earth do I have a single-family home and a five -story building?" because theoretically, that's what you build here on TS. I got a five -story building. And mind you, it's TS -O, too; all the uses you can ask for in the "O" designation, and it's right next to T3. How does that make zoning sense? Why wouldn't that be a scrivener's error? Now, in this particular instance, there isn't a clear slam dunk; maybe this one here, where you have a commercial property zoned T3, and I think it's a parking lot, and logic tells me this parking lot is probably for this commercial building right here. Now, if that parking lot predated Miami 21, why should that property owner have a line cutting through his property that says, "Oh, your parking lot's now suited for single-family homes"? Right? That's an instance, by the way, of a down -zoning, where I have a property I'm using for commercial uses -- right? -- and you're telling me now it's for single-family only, and no commercial uses are allowed at all. Your staff has told you in their report that the occurrence at the Babylon property did not reduce the development capacity. What it did was take away an office use. Guess what? They had foregone that office use in 1999, 10 years before Miami 21. And now, they're complaining that they don't have it. Well, why'd you put a declaration of condominium that says it's going to be residential units? And we have a copy of that declaration of condominium if you'd like to see it. So -- Commissioner Hardemon: But let me ask you a question. Mr. Martos: Yes. City of Miami Page 277 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: The declaration of condo -- I'm sorry, Mr. Chair. A declaration of condo units -- right? -- is about the structure on the ground. Mr. Martos: True. Commissioner Hardemon: Structure on the land, right? Mr. Martos: True. Commissioner Hardemon: The only thing permanent on land -- well, I'm sorry. Buildings are not permanent structures. People like to believe that, but they are not, right? Mr. Martos: Mm-hmm. Commissioner Hardemon: What's permanent is the land. Mr. Martos: Mm-hmm. Commissioner Hardemon: And so, a building can change. It can be knocked down. I can build a building today; it may not make sense, but if I have enough money, that I only want the building therefor 10 years, right? I use it for what I want it for, tear it down, and build something else there if I want, right? So why is it that someone who chooses to use their structure as a residential space, why is it that they're losing their rights to office space if that's what the land was designated for? Not the -- it's not about the investment. Mr. Martos: That's part of my argument, also; was -- is exactly that. If you think there's a scrivener's error and the Deputy Planning Director at Planning Board -- at the PZAB said exactly this. If there's an error, the error is in giving them T6 -8-R instead of T6-8-0, because what happened when we gave them T6 -8-R -- okay? -- was we got rid of their office use. And this board, I think, within the limits of the law can up -zone to T6-8-0, because your Code specifically says that the change between designations is not a jump in successional zoning. It's not a difference in levels. To go on a tangent for a moment, you also asked -- you also noted that the board has previously taken action like they're requesting. I don't know of any other instance except for the Perricone site, and there's something very important to know about the Perricone site, and that's the site that Ms. Tapanes highlighted. That was CS zoning. Your successional zoning table -- No, it's up -- the table. Your successional use table -- Unidentified Speaker: This one or the other one? Mr. Martos: Well, we'll use this one. This one's fine. This one's fine. Sorry. Thank you. CS isn't here; you're not going to find it. Commissioner Hardemon: Is that a mistake? Mr. Martos: That's not a mistake; it's intentional. There's a clear logic to it. Why? Because CS is for parks, and everyone needs parks. You need them downtown; you need them in the -- in small neighborhoods; you need them in mid-sized neighborhoods. You need parks everywhere. Furthermore, when you think of the logic of it, if you were to put a park in Brickell -- right? -- if you needed a park in Brickell, and then one day you wanted to up -zone, because -- whatever. You want to up -zone, right? Perricone's. If you require successional zoning -- and this is why they didn't require it -- you'd have to go to -- it's not clear where you'd go; whether City of Miami Page 278 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 you'd go to T2, but maybe you'd go to T2, which is like -- doesn't exist anywhere. And then you'd go to T3 and then 4 and 5, and 6. It's absurd. The table does mention CI (Civic Institutional), which is very similar to CS, but the major difference is you put buildings on CI. And notice what they did with Cl. They put CI in every district. Why is it always successional? Because CI is for fire stations, libraries, schools, and you need those in every district, too. And the Code says that when you're going to build something civic that's not a park, to build something civic, you're going to design it to match what's around in the abutting areas, okay? So that's why they specified CI and they left CS out, and that was -- there's a clear logic to it. So with the Perricone site, when Ms. Tapanes tells you, "Oh, that wasn't successional, " it didn't have to be successional, because it's not on there. I don't know that the Perricone site was properly done in terms of procedure. I'm not going to say one way or another. I haven't studied the case. To me, it seems like it's probably not, but maybe there's some other circumstances. I will tell you, though, that you have a successional zoning requirement in your Code, and you have State laws that say you need to go through notice and ordinances every time you touch that map. How do you proceed? How do you proceed, except to go through all the process and comply with your Code? It's the nature of the error. It's the nature of the error. We wouldn't say either in a bank, you know, "There's scrivener's errors here. I need more zeroes on this bank account, on ledger. Add some more zeroes, please. You made an error." It would never fly -- right? -- because you're affecting somebody's property. This is not a situation where we can ignore your laws. Why? Because you're going to see that, and you're going to see that. There's equal protection. Commissioner Hardemon: So you're saying there's no error? Mr. Martos: I'm saying -- Commissioner Hardemon: And what she has is a straightforward application for other --? Mr. Martos: -- there is no error. And if there was an error -- because your staff seems to believe there's an error -- the solution is not to give them a huge payday in T6-48. The solution is T6-8-0, or perhaps T6-12, which is the next successional zone, and you can say that with a (UNINTELLIGIBLE). You could kind of maybe pass that along. I have issues with that one, too, because it's not clear that you can extend the zone right next door. There's no T6-12 next door, and this is a tiny little site. By the way, you probably notice that these are all tiny sites. That was by design, because they're tiny, just like this side is tiny, and it's that gradual chipping away at your Code that is going to create a serious problem down the road. Chair Russell: Question. Mr. Martos, are you suggesting that you believe T6-8-0 is actually more defendable on appeal, perhaps -- Mr. Martos: Yes. Chair Russell: --than T6-12-0? Mr. Martos: I would not -- if you did T6-8-0 -- Chair Russell: Because 12-0 is standing alone, not touching -- Mr. Martos: Yeah. Chair Russell: -- other 12-0 anywhere. It's actually potentially more vulnerable to challenge than T6 -8-R to T6-8-0. City of Miami Page 279 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: Right. Chair Russell: Is that your --? Mr. Martos: I think that a T6-8-0 is the best solution. I can't say that it's a legal solution, but I'd have to consult my clients. Maybe they're willing to accept that, and maybe they'd let bygones be bygones, and walk away. We're open with maybe one or two conditions to T6-12, even; even though I have serious reservations, and I cannot waive those reservations -- okay? -- because the law is the law. And frankly, this is going to sound nerdy, but -- I mean, or sappy, rather, but I like this City. I like this City a lot, and I think there is a potential for hurting our neighborhoods. You know, I'm a -- I usually represent developers, okay? I like infill. For a time I -- in a prior life, I worked in the Everglades with development there, and I'm trying to make amends now by doing infill here, and I really get a kick out of it. And I think this is the right thing for neighborhoods. We need more infill, but we need it to be smart. Commissioner Hardemon: What would you say in closing? Mr. Martos: In closing, I want to -- I think this was very -- there was a very concrete example, an illustration of the horror that I'm trying to paint for you here about neighborhoods going --getting chipped away. The first person who spoke in public comment, the woman who had a flight to catch -- I apologize, I don't recall her name. She gave her presentation, and then she said, "Oh, and by the way, please consider up -zoning me, too." After Ms. Tapanes spoke, the first person who spoke was Mr. Pino. What did he say in his closing? "Oh, and by the way, I don't know why you don't up -zone all of Brickell Bay Drive. " Mr. Pino is a developer. I'm not fabricating this. I represent developers. People are going to find a way to use this. You're going to create a precedent. You did the Perricone site, and not -- what? -- a year or two years later, you have another developer trying to use it. Precedent is created. You are on thin ice here. Anyway, thank you very much. I'm available for questions, and as I noted before, I reserve the right to present more information at second reading. Oh, one last thing. I mentioned a few documents while we were speaking. I'd like to submit them. And one of the documents -- and I'll give Ms. Tapanes a copy -- is a -- sort of a brief with various legal arguments in there. I am submitting it into the record. If you want copies, I'm happy to provide them. Vice Chair Gort: Thank you. You have a few minutes of rebuttal. Ms. Tapanes Llahues: Thank you. First, just to correct the record, the building has been used for offices as recently as 2009. I'm not sure what Mr. Martos meant about the condominium documents. The reason why people on Brickell Bay Drive are concerned is because all their properties were rendered nonconforming, and they have real concerns regarding their bank mortgages, et cetera, in case that there's ever an issue, for example, with hurricanes. Mr. Martos' comments are simply smoke and mirrors. This is not opening the floodgates. We're not talking about split -zoning situations. We're not talking about extending boundaries. Mr. Bercow reminded me of a Latin term that we use a lot in law, res ipso loquitur. The thing speaks for itself. The error was both a scrivener's error in letters from R4 to office that we showed you on the record. It is also a map error; nothing to do with the split -zoning that Mr. Martos showed. This is not about building more; this is not about split -zoning; this is not about increasing density or FLR. The evidence before you shows that we have all those things. What we need is the as -of -right development ability to deal with setbacks on this site, and that those are actual damages. The Herald mentioned that certain former member --a former Director said that this is not a mistake. I hope to believe that they mentioned the down -zoning of Brickell Bay Drive, and not the Babylon, because if Babylon was not a mistake, it City of Miami Page 280 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 was fraud, and that is something that is a bit much to think about. So there is no requirement for a property owner that does not receive notice to appeal; there's no time period. Due process, procedural, and substantive ring true forever. This property has no legal zoning, and Article 2 provides for the inherent power of this Commission of corrective actions, and that is what we're asking you to do. It is simply absurd to think that this Commission cannot correct a wrong. We're asking for a rezoning of this property. We have asked for the same that the Department of Planning has proffered in the past. It is consistent with the 2015 staff recommendation. We have no real reason, no change of facts to believe why the Department of Planning has changed their position today. We do have a lot of politics involved that, again, we don't really choose to go into, unless we have to raise it when somebody says certain things on the record. We ask for you to approve this rezoning application to no less than T6 -24 -B -O. We have spoken with our many neighbors, and they have suggested T6 -36 -B -O, and that is what we ask this Commission to approve today at first reading. Thank you. Vice Chair Gort: Okay. Thank you. We'll now close the public hearings. Yes, sir. Chair Russell: Sorry. Francisco had a comment. Vice Chair Gort: I'm sorry. Go ahead, Francisco. Mr. Garcia: Yes. Very quickly, a few items that I think may help. Firstly, as stated previously, I don't fully concur with Ms. Tapanes, and I also don't fully concur with Mr. Martos. I'm going to allow myself the luxury of being somewhat independent here, and set forth the facts of -- not restate, but I'll certainly clarify a few things. Firstly, the Planning Department's present position is not as has been repeatedly presented to you, an about-face. What it is, is a correction of an admittedly previously flawed recommendation by your Planning Department. Our apologies. Why am I saying that this was a recommendation that was flawed? As I stated previously, but again, to reiterate and make it clear on the record, there were facts that, although existent at the time, were not known to us. These facts, when revealed, led us toward a different conclusion. Next, errors and the nature of errors and what errors can be corrected, and how they should be corrected. Here is my simple definition of an error: If the Miami City Commission, through an ordinance, in a public hearing, has made it clear that something should happen, that, to me, takes precedence over anything else. The Miami City Commission said back in 1983 that this particular property should be zoned differently than ones around it. That precedent was set. That precedent has lived on up to the year, roughly 2010, when Miami 21 was put in place; at which point, the zoning designation for this property - - the unique zoning designation of this property was cast aside, and this property was grouped, in my opinion, incorrectly with those to the southeast. In the case of Perricone's, parenthetically -- and this is worth noting, because this may be brought up again -- in the case of Perricone's, the Miami City Commission had made it clear that a certain parcel should be zoned CS. And when we discovered that the zoning atlas incorrectly showed part of that property being zoned something different, we made that correction. But although we could have made it administratively, because the City Commission had spoken, and no one had spoken after, we, in an abundance of caution, brought it before you as a discussion item, inviting everyone to see it, in a very transparent effort to make it clear on the record through this public setting that an error was going to be corrected. No one should be surprised that when the line shifted from one point to another on the CS designation, there was a reason for it. You were witnesses to it. We proffered that change to correct and be faithful to the record of the Miami City Commission. Now, to restate, we still believe that the zoning designation of the subject property to T6 -8-R was in error. Once again, the reason we think there is an error is because clearly, clearly -- and I'm not assigning intentionality or lack thereof. I am simply saying present zoning designation is not City of Miami Page 281 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 compatible with the present future land use map designation, and they should be compatible. In addition to that, the present zoning designation ignores the fact that there is an increased density designation placed on this site, which lumps it in with the properties to the north and to the west, and not with the properties to the south and to the east, which is why what we are attempting to do through correcting the error is to restore what we think are potentially legitimate practices. This is, by the way, debatable, but we are of the position that we are attempting to restore the rights that were conferred onto this property by previous zoning designations by virtue of ordinances set forth by the City Commission. However, this -- not this City Commission, but the present -- the previous City Commission, approximately 10 years ago -- I'll say it that way -- did adopt an ordinance that made the zoning of this property T6 -8-R. But that same City Commission also said that the land use map should be restricted commercial. Because the same City Commission said two things that are incompatible, we are here before you asking that that error be corrected. Once again, our recommendation is that the zoning designation be T6-12-0. Why T6-12-0 and not any other zoning designation? Because, as stated previously, we believe and we set forth why, and you have notes before you, hopefully that have been handed out that show it in a clearly set forth easy to read chart, because T6-12- 0 places this property in a similar development rights status as the previous designation of "0" here. Is it exactly the same? No. Same density; roughly the same height, as close as we can possibly get to it with Miami 21, erring on the side of giving them more height than less in terms of development capacity, and certainly more square footage, more area. Again, this will have a restorative effect to the extent that the parties were aggrieved. Again, they did not speak at the time when the zoning change took place. And so, in principle, there is no (UNINTELLIGIBLE) intended. One would think, that said, out of fairness, out of equity, what we are seeking to do here is to restore whatever rights may have been inadvertently taken away. Last point, to the point of there being no valid reason or apparent reason why we should change our recommendation. I set forth to you that it is based on information that we have obtained after the first recommendation was made. I'll let that stand. Political pressure as the reason why the change in recommendation was made, I'm going to let that stand. I'm not going to trouble myself to refute it presently, and I will simply make this, the following comment: Arguably that political pressure would be one that says to the Planning Department, "It is in the interest of the City that you should keep the zoning low. Don't mess with the zoning. Leave it as is. Don't bother with it. " Let's assume that's the case. Here's what I will tell you: I personally have and am on record as saying -- and in fact, I've met with a number of stakeholders in the area; Mr. Pino, who was a previous speaker, being one of them -- I am on record as saying that Brickell Bay Drive is certainly an area that the City should explore for a potential rezoning, and that rezoning should be an upward rezoning, not a downward rezoning, and here's why: The building stock along Brickell Bay Drive is both taller than the present zoning regulations allow to be. The building stock is very much dated and aging and it is very much weak and vulnerable and exposed to sea level rise, and other climatic conditions that make it, at the very least, vulnerable. So for purposes of redevelopment, for purposes of seeking and taking advantage of the existing infrastructure, both transportation and roadways, and for purposes of creating a new building fabric that responds better to present-day demands, I think -- I'm on record as saying there is, in fact, merit to consider an upward zoning of the area. Now, how do we calibrate that is a subject of future conversations. And if all the other properties along Brickell Bay Drive are so treated, this one should be, too. I'm here to tell you -- and I'll leave it at that -- this department, this Director have not been under any undue political pressure to change or modify their recommendation. Thank you for your patience. Chair Russell: Thank you. Vice Chair Gort: Thank you, sir. City of Miami Page 282 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: How high you were considering Brickell Bay Drive? Mr. Garcia: We should really study that. What I can tell you is factually, today, the building height ranges from Babylon, which is at approximately five or six stories presently; the building to the north -- Commissioner Reyes: No, I know the area. Mr. Garcia: -- all the way to 20 stories. So if the intent is to allow for the present building stock to be redeveloped, to have new building stock that is more resilient and durable, then that's what we're talking about; in the range of 20, 20 plus, perhaps. Chair Russell: Thank you. Mr. Vice Chair. Commissioner Reyes: Through the Chair. Vice Chair Gort: Thank you. Yes, sir. You're recognized, sir. Chair Russell: Thank you. So it's -- I'm of the opinion -- and I wanted to state this on the record. I don't believe -- I recognize what staff is saying in that righting the error brings us up to T6-12. I believe anything above that is less of a -- and this is what I'm reading from all the testimony that's been given today. This is not a correction of an error above that point. This is --and without giving any negative connotation to it -- a development strategy. The development strategy is either to set precedent or assemble land. And clearly, Brickell Bay Drive, there's an intention to do both, and to set a momentum in place of creating significant up -zoning. And if they can start at T6-48 for the first piece, the others will fall in line; it would only make sense. And I don't mean that in a negative way. That is the developer's intention. That is one very common strategy. The quickest way to increase the value of your property is not to build something; it's to rezone that property, and instantly, boom. T6-48 is not a correction; it's a gift. It would be very -- I think it's way above and beyond what's -- would -- recommended for the neighborhood there, and it's not anything that the owner is entitled to. I believe they're trying for it, they're asking for it, they're hoping for it, but I believe the responsible thing for us to do here is T6-12- 0, and my motion would still stand under that. Ms. Mendez: Chairman? Vice Chair Gort: Commissioner Reyes, you're recognized. Commissioner Reyes: I mean, how high are you wanting to --? Ms. Tapanes Llahues: We don't have plans for development at the moment. What we know is we need at least T6 -24-B-0 -- Commissioner Reyes: 24? How many floors you can build on it? Ms. Tapanes Llahues: You're allowed to go 24 stories as of right; up to 48 with bonuses. Commissioner Reyes: And bonuses have to come from us, right? Ms. Tapanes Llahues: Correct. They have to be paid. Commissioner Reyes: And how about T12? 12 stories? City of Miami Page 283 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: If I may correct the record? Ms. Tapanes Llahues: 12 -- Mr. Martos: I'm sorry. This doesn't -- Vice Chair Gort: Excuse me. Excuse me. Commissioner Reyes: Okay. Mr. Martos: Understood. Ms. Tapanes Llahues: T6-12 allows us to go to 20 stories, with bonuses. Commissioner Reyes: With bonuses. Without bonuses, it's 12 feet --12 stories. Ms. Tapanes Llahues: Correct. Commissioner Reyes: Okay. You know, the question is if we're going to allow bonuses or not, and I think that we should stop that. But, well, anyways, you see, when I first met with staff, they told me that it wasn't a mistake; that there was -- what you --they were looking for was successful zoning, successful zoning. Why? Because it was zoned T6-8, and you wanted to go to 6 -- T6-48 or T6-24 -- well, 48 was what I would say. Okay. I talked to some of them on both sides of the equation, and I tried to -- before all of this came up -- tried to reach a compromise as how many -- how high would it go, and all of that. But then, I find that it was an error -- I mean, what is considered an error. When this property was acquired, what was the zoning for it? Ms. Tapanes Llahues: It was office, with unlimited height; and most importantly, the setbacks were quite different, and that is the issue with Miami 21. Commissioner Reyes: So -- and then, what did change from what you show here? Because this is what really -- I mean threw me out -- off track, because I said --I was all the way to, "Let's do successional zoning, " you see. I mean, it's for you to prove that you needed to go from T6-8 to 12; now you went to 12 to go to 24, and so on. But what I'm seeing is that before, there was T6-48. And then on the stroke of a pen, it goes down to T6-8, you see, and that is something that really -- I don't think it's fair. I don't think it's fair. I -- personally, I don't agree on building and -- where the Babylon is, building 40 stories. I don't agree with it. You see, it's something that I will never vote for. But I don't think that T6-12 is right. I think that T6-24, you see, it will be more than enough, and that mistake that they claim that happened, you see, that mistake that claimed that happened, what we're doing is we said, "Okay, we are not going to go T6-48, because I don't think that you should go that high, but T6-24. " And if you come here and you come -- you told me 36 stories. If you come here and you're going to ask for any bonuses, it is us who have to give it to you, you see? It's us who would have to give it to you, because with T6-12, you can go over 24 with bonuses, okay? Or you go to 20, which is very close to 6 -- 24, you see? And that -- I mean, that would be my -- I'm inclined to go over there, you see. Vice Chair Gort: Commissioner Reyes. Commissioner Reyes: Yes, sir. Chair Russell: Thank you. I just want to clari -- City of Miami Page 284 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Excuse me. There's a motion on the table. Chair Russell: But I just want to clary a point that he made, and I think it's important. I know Commissioner Reyes understands this, but I think in the exchange, it might have been misunderstood. The bonus structure is not something that's brought back to us for us to approve. They have it as of right if they buy into it Commissioner Reyes: Oh, okay. Chair Russell: -- once they get the (UNINTELLIGIBLE) zoning. Ms. Tapanes Llahues: We buy into it. Chair Russell: Correct. Commissioner Reyes: No, but you buy it. Chair Russell: So if -- and I want -- Ms. Tapanes Llahues: We've -- (UNINTELLIGIBLE) public benefit agreements. Chair Russell: -- everyone to know what's being bestowed. So if we give them T6- 12, Mr. Director, what could they bonus up to as of right, on their own, by buying in, and if we gave them T6-24, what could they bonus up to as of right on their own? Mr. Garcia: Right; an additional eight stories to 20 stories, or a height of 291 feet. Chair Russell: So even T6-12 gives them 20 -- the potential for 20 stories. Ms. Tapanes Llahues: What we could suggest is proffering a covenant between first and second reading for T6 -36-B-0 and no bonuses; that way, at max, we would be 36 stories, which, again, is highly unlikely, because the floor plates would only be about 4,700 square feet. But we can proffer that covenant between first and second reading. Commissioner Reyes: How about T6-24, no bonuses? Ms. Tapanes Llahues: And bonuses? Commissioner Reyes: No bonuses. Chair Russell: Mr. Vice Chair, my recommendation is that we correct the error today, and then, if an up -zoning is sought that we analyze the entire block with all of the stakeholders and the Planning Department, and bring forth an application as a City if the will of the community is there. Commissioner Reyes: I don't think they should be penalized for an -- so-called error. Chair Russell: I agree. Commissioner Reyes: They shouldn'tpenalize because -- Chair Russell: I don't want to penalize them, either. I want to make them whole. City of Miami Page 285 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: I mean, make it whole and -- if you want to make it whole, you go back to 48, which I don't agree, because, I mean, they shouldn't be penalized for a mistake -- I mean an error that lasted years. And then, suddenly, oh, "equivoque." I mean, that is not the fault of owners or thing like that. I mean, it's not right, you see. Ms. Tapanes Llahues: If I may? One thing -- I spoke with the architect, who's here - - is we can proffer a covenant to T6 -24-B-0, with no height bonuses. There is a -- we would like to have the possibility of FLR bonuses, which would be paying into the City $17.72 per square feet, or providing affordable housing. But that would limit the height, which I believe is the concern of the neighbors, to 24 stories. And I'll mention that the Emerald, for example, that Mr. Martos represents, is 27 stories, so we would still be under. Our floor plate is very limited, and we could proffer that covenant between first and second to 24 -B -O and no height bonuses. Mr. Martos: Through the Chair? Vice Chair Gort: At this time, there's a motion on the floor. Commissioner Hardemon: There's a motion on the floor. Chair Russell: I'll move it again if you'd like. (UNINTELLIGIBLE). Vice Chair Gort. You made the motion. Chair Russell: T6-12-0. Vice Chair Gort: Is there a second? Chair Russell: Mr. Garcia -- wow, and I apologize. I'm really losing my train of thought here. I'm holding on by a thread. I apologize. The 20 -- oh, yes. If you drive by this lot, if you all have been there personally and you look at it, it will surprise you that you believe anything but an outhouse could be built on this lot when you look at it. I would like to know if there is true development capacity of that lot on its own if given that capacity, or if it really only could reach that capacity if assembled with the next-door lot. Because I do really believe this is a play to create an assemblage with a precedent for a higher zoning. Mr. Garcia: Indulge me for a moment. Really, from a professional standpoint, and technically speaking, I must first caveat my response by saying that likely development scenarios for the site do not enter our calculations; that's simply not what we do. Chair Russell: Right. Mr. Garcia: What we're seeking to present to you is what we think is the right supportable, defensible zoning designation for restorative purposes. Chair Russell: I mean by setback; I mean not speculative -- Mr. Garcia: I understand. Chair Russell: -- but by -- Mr. Garcia: I understand. I understand completely the nature of the question. Unidentified Speaker: (UNINTELLIGIBLE) help you out. City of Miami Page 286 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: Just a minute. Just a minute. Mr. Garcia: And I understand. The second point I'd like to make very briefly, again, to clear up the record, is that this property has never been zoned T6-48 or anything closely resembling it. The highest it was ever zoned was "O, " and T6-12 would leave them in exactly the same place. I need to make that clear. Lastly, you are correct in saying -- sorry, sir. Commissioner Carollo: (UNINTELLIGIBLE) motion and a second, (UNINTELLIGIBLE), and we're in discussion now, so you started it; I'll keep at it. Mr. Garcia: No, and (UNINTELLIGIBLE) -- I apologize. Mr. Martos: I'm trying to make a case for a second, that's all. Mr. Martos: Through the Chair? Commissioner Carollo: My question is -- Vice Chair Gort: Let him finish the question. Commissioner Carollo: -- you say it was never zoned 48. I mean, we saw there that it had been zoned for 48 before. Mr. Garcia: No, sir; that is not correct. Commissioner Carollo: So where did those drawings come from then; the blueprints? Mr. Garcia: Right. And so, again, that is a fact that has been set forth. Commissioner Carollo: Did they draw them up? Did they make them up? Or did they come from somewhere in the City? Mr. Garcia: I'm not sure I understand the question, but let me assure you, Commissioner Carollo, the highest this property, the Babylon property was ever zoned was "O, office," under Zoning Ordinance 11,000; the highest. And what we are proffering to you today would be the appropriate corrective action is a zoning designation that compares at least equally, and arguably, favorably, vis-a-vis "O." So if this property were to be rezoned to T6-12 -- Ms. Tapanes Llahues: That's not so. Mr. Garcia: -- and I'm going to ask anyone else to correct me if I'm wrong. I assure you, facts point otherwise. Ms. Tapanes-Llahues: That's incorrect. Mr. Garcia: So if the Commission wishes to grant additional zoning, that -- there is room to consider that that's an option. And then, what I would advise -- or request, I should say -- from you is perhaps a directive to study the entire area for an equal rezoning, because whatever affects this property certainly affects every other property on the block. Commissioner Carollo: Well -- City of Miami Page 287 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: If I may very briefly? And it'll take me two seconds to respond to Commissioner Russell's question that remains unanswered. There is the ability, technically to develop a building on this site on a stand-alone basis -- which I think is the gist of your question -- that rises to that height. Now, structural ability -- Commissioner Carollo: And to what height? Mr. Garcia: Sorry? Commissioner Carollo: To what height? What she proffered?. Mr. Garcia: To the height of 24 or 36, or the many heights that have been discussed. Now, technically, that's feasible. Structurally, that's feasible, obviously. Almost just about anything is feasible structurally and technically. That said, in terms of feasibility for development, I invite you to consider that a floor plate of approximately 4, 000 square feet, which is what you would have left, multiplied times -- I don't know -- 20 stories, 12 stories, 30 stories -- is highly unfeasible. So again, to respond to your comment, the most likely scenario is that to develop this property pursuant to highest and best use, one would couple this property with another, and then be able to properly -- especially to avail one's self of bonus -- additional FLR -- one would then have the ability to develop it to its highest and best use. Chair Russell: I guess I should have been clearer on my question. Ms. Tapanes Llahues: That's not accurate. Chair Russell: I apologize, if I may. What is the maximum height -- the maximum floor capacity of this lot with its current size and the setbacks required for this zoning at T6-12 or T6-24? What could be built there by the Code? Mr. Garcia: 20 stories. Chair Russell: 20 stories -- Mr. Garcia: Yes, sir. Chair Russell: -- would be the max? Mr. Garcia: Yes. Chair Russell: So if we're only considering this property and not any potential future assemblage, why would we grant anything that allows above 20 stories? Because T6-12 allows them to get to the max of what can be physically built on that property. Ms. Tapanes Llahues: That is not accurate. Vice Chair Gort: Excuse me. Hold on, hold on. Mr. Garcia: I'm sorry. I'm sorry. Maximum -- I need to correct myself. Maximum as pertains to the zoning designation -- so the zoning at T6-12-0 would cap it at 20 stories. In terms of how many stories could you build there, presumably up to the FAA (Federal Aviation Administration) limit, which is roughly 80 stories, should you want to. Feasible? Chair Russell: Physical limit -- City of Miami Page 288 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: I doubt it. Chair Russell: -- with the width of thatproperty. I mean, there are limitations. Mr. Garcia: No, again, if money were no object, you could get to that height. Chair Russell: Okay. Mr. Garcia: Highly unfeasible. Chair Russell: Okay. Thank you for clarifying. Mr. Martos: Through the Chair, we had prepared -- Ms. Tapanes Llahues: Through the Chair. Mr. Martos: Through the Chair, I -- we had prepared -- Vice Chair Gort: Okay. Listen, he's been asking for a while to give him a minute, and he's going to get a minute (UNINTELLIGIBLE). Mr. Martos: In my presentation -- Vice Chair Gort. Go ahead. Mr. Martos: -- the line of questioning by Mr. -- Commissioner Hardemon was very excellent. It focused me. It was great. Vice Chair Gort: Okay. Mr. Martos: But I overlooked one exhibit that we had prepared. I'd like to lay it out and present it to you, because I think it's useful in this discussion that you're having right now, and I'm sure you can all see it behind me. Julio, please. Commissioner Hardemon: (UNINTELLIGIBLE). Mr. Martos: We had a scaled model prepared to give you context, so you have an idea of what kind of impact you're talking about. And what we've done is we have all the different permutations, and Ms. Santos is going to show you how the different options would create buildings of different heights. And what Ms. Santos has there is -- T6 -8-R is presently there. That's what exists now. Guys, one at a time, yeah. Slow down. So you can't see it. Admittedly, the Babylon property has a very small building on it. You can't even see it. There's the green Babylon property. Okay. Now let's show the T6-48, which is what they're asking for. Vice Chair Gort: (UNINTELLIGIBLE). Mr. Martos: Just one at a time, please, Julio. That's T6-48 -- Commissioner Reyes: 48. Mr. Martos: -- no bonuses. So as you can see, it's completely out of character with all of its immediate neighbors, including the Emerald, okay? The next, Julio. Have you got T6-24 with the bonus? Ms. Tapanes Llahues: This scale is wholly inaccurate. The Four Seasons is 70 stories tall. City of Miami Page 289 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: T6-24 with no bonuses. Ms. Tapanes Llahues: Soother -- Mr. Martos: With bonuses, correct. Ms. Mendez: For the record -- just for the record, because there's a demonstrative aid. Mr. Martos: Yes. Ms. Mendez: It's 3D in nature, and they're just placing the heights. Mr. Martos: Yes. Thank you. Ms. Tapanes Llahues: There is no architect that has been entered as an expert witness. None of this is to scale. Ms. Mendez: It's okay. It's a demonstrative. Vice Chair Gort: Excuse me. Mr. Martos: It's a demonstrative and -- Ms. Mendez: It's a demonstrative aid. Vice Chair Gort: Whoa. Chair Russell: With bonuses? Mr. Martos: With bonuses. Ms. Tapanes Llahues: We have a right to cross-examine the accuracy of the demonstrative evidence. I don't know who did it. Commissioner Reyes: How tall is the one behind? Chair Russell: Would you like --? Here, a microphone. Commissioner Reyes: Yes. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Reyes: No. The one -- Mr. Martos: This here? Commissioner Reyes: : That's right. That -- Mr. Martos: That's 27. Vice Chair Gort: 27. Commissioner Reyes: 27. How can that be 24 if the other one's 27? Unidentified Speaker: With bonuses. City of Miami Page 290 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Martos: With bonuses. (UNINTELLIGIBLE) bonuses. Commissioner Reyes: Bonuses. How many (UNINTELLIGIBLE)? Vice Chair Gort: How about without bonuses? Commissioner Reyes: 32. Vice Chair Gort: How about without bonuses? Chair Russell: My daughters would love this. This is like Legos. Vice Chair Gort: 24 without bonuses, right? Chair Russell: Very expensive Legos. Mr. Martos: Yes. (UNINTELLIGIBLE) be a useful tool. I'm confident that (UNINTELLIGIBLE). Vice Chair Gort: Okay. Thank you. You've got to speak into the mike. Mr. Martos: Commissioners, I'm confident that Ms. Tapanes is going to argue that there's not an expert here to confirm. Vice Chair Gort: No, no, I understand all the argument. Mr. Martos: And we're not arguing with that. That's part of why we wanted a deferral -- Vice Chair Gort: Okay. Mr. Martos: -- because we needed our experts. Vice Chair Gort: Look -- Ms. Tapanes Llahues: (UNINTELLIGIBLE) building blocks. Mr. Martos: However, I'm happy to provide those experts at second reading. Vice Chair Gort: Right. Thank you. You can do that. All right. That's it. (UNINTELLIGIBLE) ? Mr. Martos: Yeah. Vice Chair Gort: Thank you. Mr. Martos: I wanted you to have this option if you should have questions about it. Vice Chair Gort: Right. Mr. Martos: I'll just leave it there just in case you have questions. Vice Chair Gort: My understanding, Commissioner Reyes, you made a motion with the 24 without -- covenant without going for bonuses? City of Miami Page 291 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Tapanes Llahues: Preferably without height bonuses, but allow us -- let me repeat. T6 -24-B-0, without any height bonuses, so that we could ask for FLR bonuses. We will proffer that covenant. That would allow for a 24 -story building, which is less than the Emerald, the abutting property, and provide that transition. The Four Seasons is 70 stories tall. Vice Chair Gort: Commissioner Reyes, is that your motion? Commissioner Reyes: Yes, that's my motion. Vice Chair Gort: With a covenant for -- Ms. Tapanes Llahues: Between first and second reading, we will proffer a covenant to T6 -24-B-0, no height bonuses. Vice Chair Gort: Okay. Ms. Tapanes Llahues: So we'll remain at 24 stories. Vice Chair Gort: Any further discussion? Commissioner Carollo: Second. Vice Chair Gort: Second by Commissioner Carollo. Any discussion? Chair Russell: Yeah. Vice Chair Gort: Okay. Mr. Martos: Commissioners -- Chair Russell: I'll make my comment that I'm against it. I don't think we should go beyond 20 stories here -- Mr. Martos: -- Commissioners -- Chair Russell: -- in this action and motion. Mr. Martos: -- through the Chair -- Vice Chair Gort: Excuse me. Mr. Martos: Okay. Vice Chair Gort: We're voting right now. Commissioner Reyes: That's right. Mr. Martos: That's why I said, "Through the Chair. " Vice Chair Gort: Like I been telling to all of you, this is going to be in court, and I don't know how long that court is going to take. So -- Mr. Martos: Understood. Vice Chair Gort. -- any further discussion? City of Miami Page 292 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Hannon: And Vice Chair -- Madam City Attorney, do you want to read the title? Ms. Mendez: I just wanted to make a couple points for the record. Is the Commission then waiving the successional zoning time limits? Because these are supposed to come in eight months -- separated at 18 months apart. So -- Commissioner Reyes: But it is understood that there's not going to be successional zoning. This is it. Ms. Mendez: Right. So is the Commission waiving the successional zoning? That's the point, because, remember, the zoning that they were -- that the Planning Department had recommended is T6 -- Commissioner Reyes: Let me tell you why I'm doing this. Because of the mistake that it is not called a mistake; the error that it is not called an error, but it was on paper; the error that never existed, but it was in the plans. I mean, I'm confused. Maybe I'm seeing things. So let's solve this problem. And I think this is a great solution. Ms. Tapanes Llahues: Through the Chair? Commissioner Reyes: Yes, we're going to -- wait. Ms. Tapanes Llahues: Through the Chair, we could work with the City Attorney's Office and propose legislation for second reading that addresses any concerns. Thank you. Ms. Mendez: So -- Commissioner Hardemon: I think we should enter a "whereas" clause. Ms. Mendez: Right. So in the "whereas" clauses, there's going to be a waiver of the time limits and successional zoning. It's going to be to correct an error lower to than what the application has been requested, so we are going to -- the fact that the Commission believes that this application is properly before you, because it is an exception that -- due to the next abutting transect zone. So all those things will be placed in the record between first and second reading and -- Commissioner Reyes: That's good. Ms. Mendez: Okay. Chair Russell: Mr. Vice Chair? Ms. Mendez: Thank you. Vice Chair Gort: Yes. Chair Russell: It's -- I -- my response to that is it's not, and we shouldn't. We shouldn't be accepting our own process to give this gift to a development. This sets a very bad precedent for this neighborhood, and these neighbors have been fighting to be heard, and they're being generous with what they're willing to accept in terms of a correction of the error in an up -zoning. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: Excuse me. City of Miami Page 293 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: (UNINTELLIGIBLE) error? Commissioner Carollo: Francisco? Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: Chair? Mr. Martos: T6-12. Vice Chair Gort: Yes. Commissioner Carollo: How -- Chair Russell: T6-12. Plus bonuses. Commissioner Carollo: -- many stories -- Mr. Martos: Correct. Commissioner Carollo: -- on the MRC (Miami Riverside Center) deal that we just did can they go? Mr. Garcia: The MRC -- Commissioner Carollo: Yes. Mr. Garcia: -- is presently zoned Cl. Commissioner Carollo: Right. Mr. Garcia: CI is Civic Institutional, so it has height provisions that relate to the context and make them contextual. Commissioner Carollo: And how many more units did we allow them to build there? Mr. Garcia: The CI zoning designation has no density, so it has no unit -- no provisions for residential development; no units. Are you referring to the parcel north of the MRC that was --? Commissioner Carollo: No, no. I'm talking about the MRC parcel that we're giving. Mr. Garcia: Right. So at present, to be clear, at present, the zoning designation is CL I understand that the wish is to have it rezoned to T6-36. Commissioner Carollo: T6-36? Mr. Garcia: Yes, sir. Commissioner Carollo: So we're go -- you know -- Mr. Garcia: No, I was simply going to say, because that happens to be the predominant height in the particular area. Commissioner Carollo: So we're going through that whole jump therefrom -- you're telling me zero to 36 floors, and that's not including the bonuses. City of Miami Page 294 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: So, no, not zero. In fact, Cl, because it makes reference to the contextual height, could be developed up to 36, but admittedly, presently, the MRC is, as you know, 10 stories, but it could have been developed up to a greater height. So T6-36 is our best calculation as to how many stories would go there if it reverted from CI, which is Civic Institutional to another zoning designation. That's the appropriate designation for the area. Commissioner Carollo: And when are they supposed to come back for that? Mr. Garcia: Oh, that's pursuant to whether the transaction happens, when they come. But at some point in time in the future, this would come to you before they could actually develop the site. Commissioner Carollo: Okay. So what happens if we don't grant that? Deal is off? Mr. Garcia: Well, you're asking me questions that are slightly outside of my bailiwick, but what I will tell you is that in the agreement, I believe that there is a provision that the City will assist to the extent feasible to appropriately zone the property. Commissioner Carollo: And nobody was upset about all the extra FAR they were going to get, or anything else; that's the point that I'm making. Mr. Garcia: It's the (UNINTELLIGIBLE) character of the area, Commissioner, but yes. Commissioner Carollo: You know, so -- Vice Chair Gort: Yes. Chair Russell: Last comment, and I apologize. Last comment, and it's really just to shore us up on the potential of appeal. We are not to make votes arbitrarily or capriciously. We are to make our decisions based on what we understand, the facts we've learned, the expert testimony. And I just don't understand if our City Attorney -- our Planning Department has recommended that making them whole means T6- 12, plus bonuses why a vote would be -- other than just saying, "Let's do it to give it, " because it's going above and beyond making them whole. Why are we doing that? I just want to know why. Commissioner Hardemon: So I could say why. Commissioner Reyes: Let me tell you why. Because arbitrarily -- it was taken up arbitrarily and saying, "Let's do this, " when we have a bunch of documents that says that it was T6-48. I mean that's what I saw. Vice Chair Gort: No, no. Chair Russell: No. Commissioner Reyes: I mean -- Vice Chair Gort: Excuse me. Chair Russell: That's the error. City of Miami Page 295 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: I mean, but it was -- well, it would -- was an error, but we are correcting the error, and we are correcting it in a way that -- many people, many people went to my office and said, "No, up to 40 stories." Yes, yes, Celin, that's what you walked into my office, and you said, "Now, let's try now to correct the thing." And with bonus, if you give them 12, it's going to go to 20. You're going to -- only getting four more, that's it. Vice Chair Gort: Okay. Let me. Unidentified Speaker: (INAUDIBLE). Vice Chair Gort: Excuse me. Excuse me. Let me tell you Chairman (UNINTELLIGIBLE) mentioned about the changes. According to what the Planning Department recommends, it says they could go up to 20. And with bonuses, they can go up to 24, 25. The motion -- Chair Russell: No, no, no. That's not what he recommended. Vice Chair Gort: He recommended 12; my understanding, 12; you can go up to 20. Mr. Garcia: 20. Yes, sir. Vice Chair Gort: Correct. And you had bonuses. Chair Russell: No. That's the bonus. Vice Chair Gort: Then the bonus -- Mr. Garcia: The bonus is the difference between 12 and 20, so eight stories. Vice Chair Gort: Okay. Chair Russell: Above 20 is a gift. Ms. Tapanes Llahues: The issue is the setbacks. Vice Chair Gort: So the addition is four. My understanding, the building right next to them is 27 -- 24 -- 27 floors high. Commissioner Reyes: It's going to be lower. Vice Chair Gort: And my suggestion also, I think Planning Department should go ahead and analyze the whole area, because of the high -rising of sea level rise. And new buildings, they have to be reconstructed with certain like -- so any further discussion? Mr. Hannon: Vice Chair, Madam City Attorney. Ms. Mendez: So a covenant will be proffered for the maximum -- Vice Chair Gort: Voluntarily. Ms. Mendez: -- and everything that I mentioned before on the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Gort: Wait a minute. Excuse me. City of Miami Page 296 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Tapanes Llahues: And acceptance of a proffered covenant with a limitation to the height (UNINTELLIGIBLE). Vice Chair Gort: That was stated already. The -- Chair Russell: We clear on the covenant, what the limitation is? Vice Chair Gort: Yes. Chair Russell: Can you explain it? Ms. Mendez: The 24. Chair Russell: But she had asked to allow for something other, which was additional. Ms. Tapanes Llahues: So it's FLR. Chair Russell: FIR. Ms. Tapanes Llahues: Correct, so that we -- Chair Russell: Right. You can go up and you could sustain that. Ms. Tapanes Llahues: No. We could go -- we go this way, not up. Vice Chair Gort: Okay. Mr. Martos: She's going to abrogate, is what she's going to do. Vice Chair Gort: Okay. Mr. Martos: That's why she's asking for the FIR. Vice Chair Gort: (UNINTELLIGIBLE). Excuse me. All right. All in favor, state it by saying "aye. " Chair Russell: No. Vice Chair Gort: One "no. " Thank you. Ms. Tapanes Llahues: Thank you. Vice Chair Gort: You're welcome. Mr. Martos: Commissioners, thank you very much; appreciate your time. Vice Chair Gort: Well, this is going to be in -- Mr. Martos: We'll be back. Vice Chair Gort: Oh, I know that. Not only here; you're going to be in courts. City of Miami Page 297 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 PZ.14 ORDINANCE First Reading 5898 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING "75-0," AYES: CLASSIFICATION FROM URBAN CENTER TRANSECT ZONE ABSENT: - OPEN, TO "76-8-0," URBAN CORE TRANSECT ZONE - OPEN, OF Note for the Record. PZ.14 was continued to the July 25, 2019, Planning and THE PROPERTIES LOCATED AT APPROXIMATELY 1628, 1632, AND Meeting. 1642 SOUTHWEST 7 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: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. PZ.14 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.14, please see "Planning and Zoning Order of the Day. " PZ.15 ORDINANCE Second Reading 5826 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor- PZ OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTIONS 1.1 AND 1.2 OF THE MIAMI 21 CODE, RESPECTIVELY TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)" AND "DEFINITIONS OF TERMS," TO ADD THE DEFINITION OF AMUSEMENT RIDE; AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO ADD AMUSEMENT RIDES AS A USE BY EXCEPTION FOR TRANSECT T-6 ("URBAN CORE ZONE") OPEN; AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD SUPPLEMENTAL REGULATIONS FOR AMUSEMENT RIDES UNDER TRANSECT T-6 ("URBAN CORE ZONE") OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13851 City of Miami Page 298 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Chair Russell: All right. Let's move back to our regular agenda, please. Actually, you know what? There is one item I'd like to take really quickly, Commissioner Gort, the amusement ride item. There's a bit of sensitivity, timewise, from a -- Vice Chair Gort: Go right ahead. Chair Russell: There's a personal issue. They're asking to go quickly, if we could. If there's no -- if there's full consensus on that item, could -- would you like to take that one up? Vice Chair Gort: Yes, I would. Chair Russell: All right. Would you like to move -- Todd B. Hannon (City Clerk): Chair -- Chair Russell: -- PZ--? Mr. Hannon: --Chair, just a moment. Vice Chair Gort: Move it. Chair Russell: I'm sorry. What are we --? Mr. Hannon: Lost quorum. Chair Russell: We don't have a quorum at the moment. All right. All right, we'll wait for quorum. If there's anybody here who'd like to speak on PZ. 15, please step forward; PZ.I S. You've already been sworn in? All right, go ahead. This is the amusement ride zoning text. Itai Benosh: Good afternoon, Chair. Itai Benosh, downtown resident, and DNA (Downtown Neighborhood Alliance) officer. The DNA does not agree with the City's Planning Department on their decision to exclude limits on height and distance; therefore, the DNA will not support nor object to the proposed ordinance. However, I would like to take a moment to point out and share with the Commission that the Bayside Marketplace management and their ownership have gone out of their way to discuss these issues and discuss residents' concerns with the downtown residents. They did accommodate many of our requests and worked with us and with the City's Planning Department to address those concerns and include many of the limits that were requested in the proposed ordinance. We would like you to consider that as you deliberate. Thank you very much. Chair Russell: Thank you very much. I assume from Commissioner Gort's intent, there is a motion on PZ. 1 S; seconded by the Chair. Any further discussion? You have public comment? Please, Mr. Pathman. Wayne Pathman: Good afternoon, Mr. Chairman, Commissioners, and staff. My name is Wayne Pathman, with law offices of Pathman Lewis, here on behalf of City of Miami Page 299 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Bayside. As you all know, we've been trying to get this matter approved for quite sometime; almost a year and a half to two years. What I've learned this morning is that we may have a slight problem where we were led to believe -- or we thought that there would not be a PZAB (Planning, Zoning & Appeals Board) requirement before we come back to Commission for our waiver and exception that we have to get once you pass the ordinance today. So I'm asking if you would consider in your legislation today to make it so that we only go before the Commission and we do not have to go back to PZAB by simply adding maybe some language -- and let me just kind of give it to you -- look at my notes here -- to have an exception, so it's only by City Commission approval, not PZAB; if not, what happens is we don't come back to you before July, the end of July; you're on break for August, and pretty much, the project may die, because it won't come back to you for September. Our goal was now to have it built and up and performing before Super Bowl, which won't allow us to do that. And so, all this exercise would have been for naught. Chair Russell: I understand your unique situation, but I don't want to create a text amendment that sets a precedent for all future. Mr. Director, question for you. You heard their request? Francisco Garcia (Director, Planning): I did. And I am mindful of timelines that mayor may not have been met. What I have to tell you is that there is no precedent for such a procedure, and we wouldn't like to establish any precedent. Our commitment has been -- to the extent there is the wish from this Commission to pursue the item, given that the City is also the property owner, incidentally; they are the lessors -- that we will work with them diligently to move it forward through the process as soon as feasible. That said, our recommendation is that they continue to go through the process, which is first to go to PZAB and then come to this body. Chair Russell: So they have been to PZAB for this text amendment, right? Mr. Garcia: For the text amendment. Chair Russell: And the will was there of the body, with their project in mind, to pass the text amendment. Is there a way that we can create an exception to the exception, where this particular application comes directly to Commission but through this -- without changing this ordinance, so that we don't set a precedent for the future that other applications don't have to go to PZAB? Mr. Garcia: All right. So again, details for the record. While this particular project was presented to the Planning, Zoning & Appeals Board at the time in which they heard it -- Chair Russell: Yes. Mr. Garcia: -- their approval or their recommendation for approval was not necessarily directly related to this project. And as pertains to the precedent set, we do have to concerns about that. We will work diligently. We will even try to accommodate a rush sequence of reviews, but they really should be vetted by the full review process and go to the PZAB and then come to this body. Chair Russell: Understood. All right. Commissioner Reyes: Mr. Chairman? Chair Russell: Commissioner. City of Miami Page 300 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Yes. Francisco, if we go through the process, how long will it take? Mr. Garcia: As soon as we receive a complete application, which, if we don't have, they're basically ready to produce, I'm sure. Commissioner Reyes: Well, it will be ready to be passed -- I mean, the --on the last meeting of July? Mr. Garcia: You could -- no, that deadline has passed. You would be receiving the exception for your consideration in the month of September. Commissioner Reyes: In the month of September. Chair Russell: So the objective here is that this -- if the will is of that body and of this board that this project be in place by Super Bowl 2020, which is in February. Mr. Garcia: Right. Chair Russell: And so, I know it's tight, but process is important. So I'd like to hear from the applicant, if that -- if the application going through the correct process means the project doesn't happen. Mr. Pathman: Well, if you were to assume that in September would be when you would take the vote on three items -- an exception, a waiver, and a lease amendment Chair Russell: Yes. Mr. Pathman: -- which are required -- then there would be some lapsed time, and then obviously, we'd be submitting -- or we would be submitting almost simultaneously to get our permits for construction, but it takes four and a half to five months to build it, to get it assembled, and get it up and running. Chair Russell: And all three of those items are a single reading, correct? None of those need two readings. Okay. Mr. Pathman: My understanding, it's single reading, yes. Chair Russell: Yes. Mr. Pathman: Yeah. Chair Russell: All right. Mr. Pathman: So -- Chair Russell: If there were a way we could do it just for you, I would, but I don't understand that there is one. Madam City Attorney, do you have a remedy for this? Mr. Pathman: Come on, Victoria. Victoria Mendez (City Attorney): Special meeting. I mean -- Mr. Pathman: That was going to be my next suggestion. You discussed it earlier this morning that you may consider -- Commissioner Carollo had brought that up about your long agenda and maybe you would have another meeting. I know City of Miami Page 301 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 everybody's anxious to get out of here in August, but this project has been on your, you know, agenda now for quite some time, and we are -- Chair Russell: Right. At the very least -- Mr. Pathman: -- at a critical point. Chair Russell: -- it looks like you're going to have the vote today and be out of here Mr. Pathman: Right. Chair Russell: -- in a positive fashion, if the will is here. Mr. Pathman: But if you -- Chair Russell: But I don't see us violating our own process for the future with regard to the (UNINTELLIGIBLE). Mr. Pathman: No, I'm not asking you to violate it, but if you do have the will to have a meeting in August, that would be very helpful to us. Ms. Mendez: Now, the September 12 date, that doesn't help you? Because it would be September 12 -- Chair Russell: No. Ms. Mendez: -- and that would be the three -- Chair Russell: It's tight. It just makes it tight. Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Gort: It takes five month to build a (UNINTELLIGIBLE) Mr. Pathman: It's tight. I mean, we're all working for the same cause. And we had a good meeting this morning with the Building Department, and they're going to expedite everything as best they can, but as we all know, you know, best laid plans; and in this case, we're running really tight to get it up and running, get our inspections, get everything done so that we are up and running for the Super Bowl, and we have commitments and contracts to the Super Bowl Committee, as well as to other vendors to get this done, and not meeting in August is real, you know, prejudicial to us, because we (UNINTELLIGIBLE) requirement. Chair Russell: Commissioner Gort, this is your item. What would you like to do? Vice Chair Gort: Question, Francisco. This item was in PZ (Planning & Zoning)? Mr. Garcia: The exception would be a Planning & Zoning agenda item, yes, sir. Vice Chair Gort: Planning & Zoning. This item has been in Planning & Zoning already, before, right? Mr. Garcia: It has been to the -- Vice Chair Gort: And it was approved (UNINTELLIGIBLE)? City of Miami Page 302 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: -- Planning, Zoning & Appeals Board as a text amendment to the Zoning Ordinance. Vice Chair Gort: To the Zoning Ordinance. Mr. Garcia: Not this specific project. Vice Chair Gort: So now they got to come back for a specific use? Mr. Pathman: Exception. Mr. Garcia: Exactly right. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner. Commissioner Reyes: Let me ask you this. I hate to go against the process. You see? I like to follow the process, and the process dictates that that has to go through steps that -- and that were mentioned. And Francisco has promised that they will get it out, and it will be on the first meeting of September. Now, how long will it take you to build that; a year? Mr. Pathman: No. It's about a four -and -a -half to five-month buildout. Commissioner Reyes: Four and a half to five month. The Super Bowl is in February, right? Chair Russell. Correct. Mr. Pathman: Correct. Commissioner Reyes: So you have January, December, October -- November and October. Mr. Pathman: We have to get the permits. Commissioner Reyes: You got four months and a half, and more than that; four month and three quarters. Mr. Pathman: Assuming we get the permits right away. Commissioner Reyes: Well, that it is part of the process, and if it is a firm commitment to (UNINTELLIGIBLE) -- I mean, just walk the permits through, because the permits, they get -- start on your department and all the departments. That's it And if we can just walk it through and get the permits in September, I think you'll have time. Chair Russell: Commissioner Gort. Vice Chair Gort: Let me ask a question. Could they even -- they have to go through all that process. Can they present the plans to Planning -- I mean, to the Building Department so they can start working on that? Mr. Garcia: Absolutely. Vice Chair Gort: Okay. City of Miami Page 303 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Garcia: We've suggested that course of action, and I think they're aware of it, yes. Vice Chair Gort: And I'm willing to, if it's necessary and I get two more individuals, to come back in August, if it comes together. Mr. Garcia: Right. So that is entirely possible. There is some risk involved for them, I suppose, because what that would mean is that they would file for a building permit, and they would be approved presumably by all the trades, except that the Planning Department and the Zoning Office would not be able to approve until the exceptions were issued. Vice Chair Gort: No, I understand, I understand, but they can still doing the work on that. Mr. Garcia: They could. Vice Chair Gort: They could start beginning the process. Mr. Garcia: They could. Vice Chair Gort: Okay. Ms. Mendez: The problem is with any special meeting is that you would still have to be able to give 30 days' notice, so you would have to decide now if you want to have a special meeting -- Vice Chair Gort: How many? 30 days -- Ms. Mendez: --pretty much. Vice Chair Gort: --for August? You got the whole month of July. Ms. Mendez: Right, but you can't decide mid-July. Vice Chair Gort: I understand. Ms. Mendez: You know, it's a month. Vice Chair Gort: I understand. Ms. Mendez: You have to give us -- Vice Chair Gort: I'll be talking to the Planning Department, and I'll be -- make sure I bring it up before the deadline. Ms. Mendez: Okay. Chair Russell: All right. The item's been moved by the Vice Chairman; seconded by the Chair. Is there any further discussion on the dais? Hearing none, I'll -- Todd B. Hannon (City Clerk): Chair? Chair Russell: Yes. Mr. Hannon: Madam City Attorney. City of Miami Page 304 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Chair Russell: Please -- Madam City Attorney, please read the item into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. All in favor; say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Pathman: Thank you. Chair Russell: Thank you very much PZ.16 ORDINANCE Second Reading 5899 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 10544, AS AMENDED, THE MIAMI and Mayor- PZ COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, AYES: FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW ABSENT: PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO ALLOW GENERAL COMMERCIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING 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: Keon Hardemon, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For additional minutes referencing Item PZ.16, please see Item PZ. 13. Chair Russell: And PZ.16 -- Vice Chair Gort: I move PZ.16. Chair Russell: --is which--? Ah, yes. Commissioner Reyes: Where are we now? Vice Chair Gort: Move it. Chair Russell: We're back on the -- I apologize, Commissioner Reyes. We're just going to move as quickly as possible. City of Miami Page 305 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: Where are you going to (UNINTELLIGIBLE)? Chair Russell: PZ. 16 is moved. Is there a second? Commissioner Hardemon: Second. Chair Russell: Seconded by Commissioner Hardemon. Open the floor for discussion. And I do need to open public comment for this one. PZ. 16, right. Victoria Mendez (City Attorney): Chairman, would you like me to read the ordinance? Commissioner Reyes: It's an ordinance. Chair Russell: Yes, please. Commissioner Reyes: Okay. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you very much. Any further discussion on the dais? We need public comment? Is there anyone here who'd like to speak to this item? We're opening public comment on PZ.16. Hearing none, I'll close public comment. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ. 16. PZ.17 ORDINANCE Second Reading 5693 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE AYES: SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 4, TITLED ABSENT: "DENSITY, INTENSITY AND PARKING," TO REDUCE THE REQUIRED PARKING FOR RECREATIONAL FACILITIES; 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: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Vice Chair Gort: We have to continue DI.3 and 4. Commissioner Hardemon: Move to continue it. Vice Chair Gort: For PZ. S, 6, 17, 18, and 21, do I have a motion to continue them? Commissioner Hardemon: I don't know. City of Miami Page 306 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Hardemon: We've heard PZ.1 through S, 6 -- congratulations -- Vice Chair Gort: That's from my -- Commissioner Hardemon: We have PZ. 17, civic use parking. So what I would do is I would move to approve PZ. 17; yeah, civic use parking. Vice Chair Gort: There's a motion to -- Commissioner Reyes: I move it -- I second. Vice Chair Gort: There's a motion on PZ. 17. Commissioner Reyes: I second it. Vice Chair Gort: Second by the -- Todd B. Hannon (City Clerk): Chair, Chair, I'm sorry. Commissioner Hardemon: Decorum, everyone. We can't hear. Vice Chair Gort: Please. Commissioner Hardemon: All right. Vice Chair Gort: Hit the hammer. Commissioner Hardemon: Read it into the record. Barnaby Min (Deputy City Attorney): May I read PZ.17 into the record, Mr. Chairman? Commissioner Hardemon: Please. I'm sorry. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Now, we haven't had public hearing on this item, so we did -- Commissioner Hardemon: All right. Open up public comment on that item, PZ. 17. Mr. Hannon: Let's take our time here. Vice Chair Gort: Does anyone like to speak on this item? Does anyone would like to speak on this item? Being none -- Guys, we still got to do some business here, please. Mr. Kasdin: Thank you. Vice Chair Gort: Please. Unidentified Speaker: We'll move outside. City of Miami Page 307 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Okay. There's no one coming forward (UNINTELLIGIBLE) to speak on the public item to the public. It's closed Any further discussion? It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Vice Chair Gort: That's it. PZ.18 ORDINANCE First Reading 5694 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Department of OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY Planning AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO EXEMPT REZONINGS OF PROPERTIES BY THE CITY OF MIAMI TO "CS," CIVIC SPACE TRANSECT ZONES, OR 7-1," NATURAL TRANSECT ZONES, FROM MINIMUM SIZE AND FRONTAGE REQUIREMENTS; 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: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Note for the Record. PZ.18 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. Commissioner Reyes: 17 and 18 is moved. Commissioner Hardemon: We did 17. Vice Chair Gort: We already did it. Commissioner Reyes: We did 17 -- Commissioner Hardemon: Right. Commissioner Reyes: -- but 18, no. Commissioner Hardemon: Right. We haven't done 18. Commissioner Reyes: 18, I move to defer it. Vice Chair Gort: Item 18 has been moved to continue. Commissioner Hardemon: Second it. Vice Chair Gort: It's been moved and second Any further dis -- Anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the City of Miami Page 308 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 public hearings. Any further discussion? Being none, all in favor; state it by saying aye. The Commission (Collectively): Aye. Barnaby Min (Deputy City Attorney): That's the second meeting in July, correct? Vice Chair Gort: Right. Todd B. Hannon (City Clerk): Yes; July 25. Commissioner Hardemon: So now -- Commissioner Reyes: So that's it. PZ.19 RESOLUTION 5901 A RESOLUTION OF THE MIAMI CITY COMMISSION MOVER: GRANTING/DENYING THE APPEAL FILED BY PETER R. WAGONER Department of AND MICHELE BEAUVAIS-WAGONER AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI ABSENT: 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 THE NEW CONSTRUCTION OF A TWO- STORY SINGLE-FAMILY STRUCTURE TO A NON-CONTRIBUTING PROPERTY, LOCATED AT APPROXIMATELY 5965 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA 33137, WITHIN THE MORNINGSIDE HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180340080. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. PZ.19 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.19, please see "Planning and Zoning Order of the Day. " City of Miami Page 309 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 PZ.20 RESOLUTION 5902 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY 79TH STREET HOLDINGS LLC ("APPELLANT") OF THE DECISION OF THE Planning PLANNING, ZONING, AND APPEALS BOARD UPHOLDING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. 2018-0067, ISSUED PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 7, SECTION 7.1.2.4, AND ARTICLE 7, SECTION 7.1.3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.5.4, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE, TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN AUTOMATED CAR WASH FACILITY ON A PARCEL ZONED 75-0," URBAN CENTER TRANSECT ZONE - OPEN, LOCATED AT 1001 NORTHEAST 79 STREET, MIAMI, FLORIDA; 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. PZ.20 was continued to the July 25, 2019, Planning and Zoning Commission Meeting. Vice Chair Gort: Chairman? Chair Russell: Yes, sir. Vice Chair Gort: Can we take PZ. 16? That's not a real big one. Chair Russell: PZ -- Vice Chair Gort: 16. Chair Russell: -- 16? Vice Chair Gort: Yeah. Chair Russell: Which is -- Commissioner Hardemon: Oh. And also, before we take PZ. 16, there was a request for a continuance ofPZ20, Item PZ.20. So I'd like to move to -- Commissioner Reyes: PZ.20? Commissioner Hardemon: Yeah. I move to -- Chair Russell: Continue PZ.20? City of Miami Page 310 Printed on 0912412019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: -- continue Item PZ.20. That's correct. Chair Russell: All right. Is there a second? Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? PZ.20 is continued to the next like meeting. PZ.21 RESOLUTION 5903 A RESOLUTION OF THE MIAMI CITY COMMISSION, Department of GRANTING/DENYING THE APPEAL FILED BY ORGANIC BITES, LLC Planning AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE AYES: MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S ABSENT: 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 TO ALLOW SITE IMPROVEMENTS, MORE SPECIFICALLY FOR ITEM NO. 2 THE REMOVAL OF MURALS, ON THREE (3) NON-CONTRIBUTING PARCELS AND ON ONE (1) CONTRIBUTING PARCEL, LOCATED AT APPROXIMATELY AT 7000, 7010, 7020, AND 7030 BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT, WITH THE FOLIO NUMBERS 0132180040650, 0132180040660, 0132180040430, AND 0132180040420. ENACTMENT NUMBER: R-19-0259 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Keon Hardemon, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Reyes, Hardemon ABSENT: Russell, Carollo Vice Chair Gort: Do I hear a motion to adjourn? Commissioner Hardemon: We have a -- no. PZ.21. Todd B. Hannon (City Clerk): No, no, no. We still have -- Vice Chair Gort: Who? Commissioner Reyes: 20 and 21. Mr. Hannon: -- DI3 and 4, and PZ.21. Commissioner Reyes: PZ.21? City of Miami Page 311 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: I thought we had moved it already. Commissioner Reyes: I thought that we moved it. Those are the murals, right? Mr. Hannon: Not yet. Commissioner Reyes: That's -- okay. Commissioner Hardemon: What? Commissioner Reyes: 21, didn't we move it? Commissioner Hardemon: No. Commissioner Reyes: That is the (UNINTELLIGIBLE). Vice Chair Gort: We -- Victoria Mendez (City Attorney): PZ.21 is -- right? PZ.21, that one has to do with a mural that is on a property. Commissioner Hardemon: Is there -- is the representative here -- Ms. Mendez: Yes. Commissioner Hardemon: -- or the applicant? Vice Chair Gort: Come on up. Commissioner Hardemon: (UNINTELLIGIBLE) approach the lectern, please. Vice Chair Gort: Come on up. Come on up. Let's go. Commissioner Reyes: Who works for --? Vice Chair Gort: You waited awhile -- you waited a long time, but you're going to luck out. Michael Marrero: I'll be very brief. Vice Chair Gort: You're going to luck out. Mr. Marrero: I had a lot --let me just turn my five-minute presentation into a 30 - second presentation. Mr. Chair, Mr. Vice Chair, members of the Commission, Mickey Marrero, the law firm of Bercow, Radell, Fernandez, and Larkin, 200 South Biscayne Boulevard; here with my client, Cecilia Renes, the owner of Organic Bites, and the artist of this art, Claudia la Blanca. We -- in our social media world, we've got over 800 likes on an Instagram posted about these murals. We have a petition that has 314 signatures. I'm happy to pass this out. I know it's late, so I'm trying to speed up here. How this came about -- There's no Code violation. The business owner wanted to just promote public art. She hired a nationally -renowned artist, who is here today -- he's been here for 11 hours -- to do some beautiful artwork for the community. It's vibrant, it's aesthetic. We believe it contributes to the district. We believe it's -- the vibrant colors in the community promotes feminism, promotes diversity, and we think it's wonderful. How it came before you is there was a HEP (Historic & Environmental Preservation Board) Board approval for some TDRs (Transfer Development Rights), and in that approval, several conditions were City of Miami Page 312 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 brought forward. One of them was, "Oh, this mural doesn't contribute to the district. Remove it." My client wasn't even noticed, wasn't aware of that hearing. We had no opportunity to be heard. By the time she found out about it, there was no Code violation. She was said -- she was told, "Appeal this. Maybe you can salvage it. " So we appealed it right away, and it's -- we're here before you. We just want you to make the common-sense decision to allow these murals to stay. They're beautiful. We believe they contribute to the district. Commissioner Reyes: Where is the mural at? Mr. Marrero: What's that? Commissioner Reyes: Where is it at? Mr. Marrero: 70th Street and Biscayne Boulevard. It's the Organic Bites Cafe, and there are three murals. I have the petitions I could pass out. I have photos that I could pass out. Commissioner Hardemon: There's not necessarily a need for you to pass those things out. I know that this issue is somewhat similar to the issue that we're having with La Placita. I know you're saying, "no. " Mr. Marrero: No. Commissioner Hardemon: I know one is pretty. I know they're different. But the problem is that I don't believe that murals are allowed in the area. And so, what I want to do is at least give you all -- because this is your first time being here, right? Mr. Marrero: Mm-hmm. Commissioner Hardemon: So I want to give you all -- I'm going to allow Francisco to kind of give us some professional guidance on this, and then we'll see what we can do for you to come into compliance, okay? So, Mr. Garcia, I want to recognize you. Francisco Garcia (Director, Planning): I will very briefly say -- and if needed or when needed, defer to my colleague, Warren Adams. But I'll very briefly say that, generally speaking -- and you've heard me say this before -- each historic district has its own guidelines. Minto (Miami Modern), the historic district this property is in, does not allow murals, and has a strict color palette. The murals in place do not comply with either of those regulations. They went to the HEP Board, and the HEP Board denied their application. Mr. Marrero: No, not exactly. Mr. Garcia: The HEP Board -- Is it correct to say, Warren, that the HEP Board denied the ability to place murals there? Perhaps you can fill this part in. Mr. Marrero: If I could clarify -- Commissioner Hardemon: Wait, wait. Before you -- and I'll give you a shot; no worries. You're recognized. Warren Adams (Preservation Officer, Planning): This is an after -the -fact request, so the murals were painted without going to the HEP Board. A COA (Certificate of Acceptance) was not applied for. It does not comply with the guidelines, because, one, board approval was not given; and two, it does not conform to the color palette established for the MiMo District. City of Miami Page 313 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Hardemon: Right. Ms. Mendez: But my understanding was, though, Mr. Adams -- Didn't the owner of the property go in for certain requests, and then the HEP Board decided to say, "Oh, by the way, just take out the murals "? It wasn't -- Mr. Marrero: Yes. Ms. Mendez: -- that they went in for a violation or a certificate --? Mr. Marrero: That's more accurate. Mr. Adams: They were not in for a violation, no. The owner was applying for a Certificate of Eligibility, and some associated works to do with that. And in the course of that, one of the requirements from the board was to remove the existing murals. Ms. Mendez: Now, would they be able to comply if they do a color palette -- keep the art and do a color palette that's somewhat sympathetic to the historic district; is that an option or --? Mr. Adams: The guidelines state murals are not permitted unless board approval is given. So that would be a determination made by the Historic Preservation Board. Commissioner Hardemon: I want to recognize the applicants. You're their attorney, correct? Mr. Marrero: Yes. Commissioner Hardemon: Okay. Mr. Marrero: For the business owner. So just a little bit of clarity as to the process. Yes, it was before the HEP Board. We did not apply for it. We weren't aware. And quite frankly, my client's a small business owner who's trying to just bring community art in -- you know -- as sort of a benefit to the community. She didn't know she had to apply for it. She was only made aware that there was an issue when the resolution had already been entered into, because the owner had applied for TDRs, and with that application, several conditions were added to that. Understanding that there is a concern, she immediately, when she found out, went to the City to try and apply for the after -the -fact, and was told, "This has already been issued. Your remedy is to appeal this to the City Commission." We had a couple days left in the appeal period. She called me. We appealed it. We're here before you. Commissioner Hardemon: Okay. So -- Mr. Marrero: So that's why we're here before you. Commissioner Hardemon: -- then I think -- when you say murals are not allowed, that means that no mural, whatsoever, no matter what the color scheme is? Mr. Adams: Unless the board gives approval. Commissioner Hardemon: Unless board approval. Okay. So what I'm asking -- and maybe you -- kind of leaning where I'm going -- City of Miami Page 314 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Marrero: I think the question you're about to ask is what I asked first. And actually, I spoke to Mr. Adams on the phone. We -- since we were in the position that we're in, in the posture that we're in -- it already went to the HEP Board. We filed the appeal -- we sort of said on the phone, "You're going to the Commission. That's probably the appropriate forum to have this heard at this point. It's already been appealed. " So that's -- you know, we prepared to be here before you today. Commissioner Hardemon: Right. No, and I understand that. But what happens is we can -- if we grant your appeal, then you can have a mural, right? But then you have a mural in an area -- the MiMo area -- that does not allow murals, and that does not sit well. Mr. Marrero: No -- Commissioner Hardemon: That's why they voted against it. Right? And so, the other thing we can do is give you a little bit of time to come up with a plan that may be -- that's acceptable to them. Mr. Marrero: What I would say is, it's not that it doesn't allow murals. It doesn't allow murals without an approval. Some places, you can have them. Commissioner Hardemon: Right. That's what I mean. Mr. Marrero: So we're here today -- I guess, since it already went through that board -- without us knowing, we're here today to get that approval, and we think -- understanding that there are some technical criteria. Those criteria are really -- it's a color palette, has vibrant colors, neon -like colors. Again, I can pass these out. We believe we comply with the spirit of the district, the community of the district. My client's here, the artist is here. They're happy to speak. I know it's very late. If we can't get to a resolution, I understand, but we think the common-sense approach here is to allow this beautiful artwork to stay. It's only been a positive beacon in this area since it's been there. It's been therefor two years. Nobody complained. There was never a Code violation. Only be -- as a collateral effect of this TDR application are we even -- do we even know about the issue. It's something everyone's happy about; thousands of supporters (UNINTELLIGIBLE). Commissioner Hardemon: Question for the counselor: Did you see anyone from the MiMo District here in opposition? Mr. Marrero: We actually -- well, we spoke to them -- Commissioner Hardemon: No, no. Hear what I'm about to -- listen very carefully. Did you see anyone from the MiMo Business District or MiMo District here in opposition to your application? Mr. Marrero: I don't believe -- I mean, she -- the President's here. I don't believe she's in opposition. I don't know that she's in favor, but I don't believe she's in opposition. No, it's before her. Commissioner Hardemon: Because that statement was put on the record that it's been therefor two years; that it was -- there had been no objection to it. And I know that we are the kind of people that would object to something that is objectionable. It allows it to be there if there is an approval. It was denied on the lower board. What is your opinion? Because I know you don't speak on the behalf of everyone, because you don't have everyone here. But what is at least your opinion, so I can take it into consideration? City of Miami Page 315 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Alisa Cepeda: This is a very sticky issue; we all are aware of that. There are TDDs -- TORs involved in this. That sets a precedent for other property owners, because part of that program is to clean up the properties; is to get them into a certain standard to be issued those things. That's a present, that's a gift, that's something that you get, you know, when you're selling them that has a monetary benefit, so you have to do something to get that. We did -- myself and Mr. Ehrlich, who is also a board member of MiMo, spoke with Mr. Marrero and his clients briefly while we were waiting through the Magic City process. We mentioned that -- like we've done in other cases with a couple other property owners on Biscayne Boulevard -- that maybe we could find some type of middle ground. We are a business -centric organization. We are concerned with the history of the area, but also the businesses, because if there's no businesses, there's no boulevard, there's no MiMo District, and so on. So we are willing to -- like we've done in the past with other business owners -- work with them to find a solution that maybe, you know, we could have some guidance from the Historic Preservation Department, and we could find a way to work within our guidelines, and still accommodate them. Commissioner Hardemon: Okay. So, you know, I'm looking at the application on my I -Pad, but the pictures in my booklet are not really impressive. This is a lot better that you gave us to supplement the record. And, you know, considering, it still looks like the MiMo District. I mean, it doesn't show anything to me that is offensive to the MiMo District. The MiMo District does allow murals, with approval. We are a body that can give approval. Even the images that are put onto these buildings are very MiMo-ish. And so, with that being considered, then I would move to -- Ms. Cepeda: I have the guidelines here if you want to take a look at them. Ms. Mendez: I wanted to clarify for the record, though, these are not murals; it's art. Mr. Marrero: Right. I'm sorry. Ms. Mendez: Because murals have advertising and -- Vice Chair Gort: There's a difference. Ms. Mendez: --just in case. Commissioner Hardemon: Right. Ms. Mendez: I don't want this -- Commissioner Hardemon: Listen, it is are on the wall -- Ms. Mendez: -- to be used against the City. Commissioner Hardemon: -- of the -- Ms. Mendez: Thank you. Commissioner Hardemon: -- business that's there. Mr. Marrero: Thank you. Ms. la Blanca wants to make sure we call it art. Commissioner Hardemon: Right. City of Miami Page 316 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Mr. Marrero: And I would just say, Mr. Chair and Commissioner, we're not appealing anything else. All the other conditions or requirements of that resolution are intact. We only specifically appealed this artwork before you; that is all. All the other requirements of that order would remain. Ms. Cepeda: MiMo has typically always followed the letter of the law, so we're okay with whatever (UNINTELLIGIBLE). Commissioner Hardemon: And even the colors -- I'm looking at some of the paint colors that are allowed in Section 11.2 of the MiMo Biscayne Boulevard. The images, and it might have been happenstance, but they're consistent with those colors. So when I look at the young lady with the blue hair, I'm looking at a whipple blue and this -- Ms. Cepeda: But you do understand that the different colors are in the different -- like some are only for body; some are only for trim, and it's on the paint chip. Like the top color -- Commissioner Hardemon: Yeah, I see. I see it says "body, trim." Ms. Cepeda: Yeah. So just because they're there doesn't mean it's for the whole building (UNINTELLIGIBLE). Commissioner Hardemon: No, no, I get it. I get it. Ms. Cepeda: Yeah. Commissioner Hardemon: It says, "body, trim, " et cetera Ms. Cepeda: They're specifically used, and it's the lighter colors that would be acceptable for like the whole building. Commissioner Hardemon: Right. Considering what I'm seeing here, I don't think that it's -- and I think that's part of the reason why it existed without any objection until this point. And so, with that being of concern as it pertains to the artwork that's on the wall, not any new artwork -- Mr. Marrero: Correct. Commissioner Hardemon: -- and it's just the artwork that exists at this stage, and I would hope that you wouldn't -- now that you know, you wouldn't paint any more images without any approval from any lower boards. And so, with that being said, I would move to -- Ms. Cepeda: Is it -- Vice Chair Gort: There's a motion. Commissioner Hardemon: -- approve the artwork that is -- I'm sorry. I will move to approve the -- I'm sorry, there we go. I would move to grant the appeal in relation to the artwork that is placed on the wall. You have a question? Ms. Cepeda: I had a comment. Commissioner Hardemon: Comment? City of Miami Page 317 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Ms. Cepeda: Due to other businesses that have had the same situation, we've asked - Vice Chair Gort: Speak in the -- Ms. Cepeda: I'm sorry. Due to other businesses that have run into the same situation and the way that we have worked with them and dealt with them, we've asked them if they could add a neon component. Could that be done here, where a small amount or some other neon component be added to the mural to be consistent in the district with what's been done with other businesses? Would that be okay? Commissioner Hardemon: Could there be a neon sign that can be seen at nighttime and that's -- I know Organic Bites put a sign --? Ms. Cepeda: She has a small neon sign that has "Organic Bites" on the front. Could something specifically be added to the mural to be consistent with what's been done with the other compromises we've made with other businesses? Cecilia Renes: The murals are on the (UNINTELLIGIBLE). Vice Chair Gort: Your name? Commissioner Hardemon: The artwork, yes. Ms. Renes: Cecilia Renes. I live in 7 (UNINTELLIGIBLE) Northeast 84th Street, Miami Shores. The murals are murals. So a kid can reach the mural. I don't think it's safe to put electricity there. It's a high cost request that you're putting on. Neon is not cheap. The sign that I have with neon cost me $4,500, and it's four feet -by - four feet; the one you can see every time you pass by the restaurant. And I think the neon --for neon colors that the arts -- that Claudia did in the murals is very high. Commissioner Hardemon: So I'll stand by my motion. Ms. Cepeda: Could we -- Vice Chair Gort: Is there a second? Ms. Cepeda: -- maybe give her an extended period of time -- six months or one year -- to comply? That's been done in the past with other businesses, as well. Commissioner Hardemon: Because she has a neon sign and it's a monument sign, which I think is less -- has less impact on neighborhoods -- I've seen signs that we know that they don't even allow in the City of Miami anymore; you can't apply for a new one, which are the -- what do you call it? The billboard signs, the ones that extend on an elevated platform. I mean, I think this space is consistent with the area, so I'm going to just keep the motion as it is. Vice Chair Gort: There's a motion. Is there a second? Commissioner Reyes: I second it. Vice Chair Gort: It's been second. Any further discussion? Being none, all in favor, state it by saying "aye. " Mr. Hannon: Chair, can we just officially open this up? I know we had one person speak, but just officially open it up for public hearing? City of Miami Page 318 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Vice Chair Gort: Anybody else would like to speak? No. Right. Commissioner Hardemon: You don't want to speak. Vice Chair Gort: You don't want -- sit down, sit down, sit down. Commissioner Reyes: Quit while you are ahead. Vice Chair Gort: Sit down. Commissioner Reyes: Quit while you're ahead. Vice Chair Gort: Okay. Public hearing is closed. Any— do I have a motion? Mr. Hannon: We're good. Vice Chair Gort: I have a motion and second. Commissioner Reyes: That's right. Vice Chair Gort: No further discussion? All in favor, state it by saying "aye. " The Commission (Collectively): Aye. END OF PLANNING AND ZONING ITEM(Sj City of Miami Page 319 Printed on 09/24/2019 City Commission Meeting Minutes FL - FUTURE LEGISLATION FL.1 ORDINANCE 5988 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, "PLANNING Planning AS AMENDED ("CITY CODE"), TITLED AND ZONING," SPECIFICALLY BY AMENDING SECTION 62-22, TITLED "SCHEDULE OF FEES," SECTION 62-23, TITLED "REQUEST FOR REVIEW AND APPEAL," SECTION 62-25, TITLED "WAIVER OF FEES," AND SECTION 62-32, TITLED "SCHEDULE OF FEES," TO PROVIDE CLARIFICATION ON PLANNING AND ZONING FEES, CAP CERTAIN PLANNING AND ZONING FEES, ADD FEE SCHEDULES FOR CERTAIN PERMITS, PROVIDE FOR A SCHEDULE OF REFUNDS FOR CERTAIN FEES, AND ENSURE CONSISTENCY WITH OTHER CITY CODE SECTIONS REGARDING FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN June 27, 2019 City of Miami Page 320 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 FL.2 ORDINANCE 6111 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED Office "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' SANITATION EMPLOYEES RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-241, 40-254 AND 40-255, TITLED "DEFINITIONS," "PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN NONMEMBERSHIP SERVICE, AND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," MORE PARTICULARLY BY AMENDING SECTION 40- 351, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN APPOINTED OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' SANITATION EMPLOYEES RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 321 Printed on 09/24/2019 City Commission Meeting Minutes NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 6160 DIRECTING THE CITY ATTORNEY TO CONSULT WITH SHUTTS AND BOWEN LLP TO DEVELOP A LIST OF THREE (3) Office of the City POTENTIAL QUALIFIED, REPUTABLE, AND STATE CERTIFIED Clerk PROPERTY APPRAISERS TO PROVIDE AN APPRAISED VALUE OF THE MELREESE GOLF COURSE PROPERTY, LOCATED GENERALLY AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA 33125, IN CONNECTION WITH THE NEGOTIATIONS BETWEEN THE CITY OF MIAMI AND MIAMI FREEDOM PARK, LLC; FURTHER DIRECTING THE CITY ATTORNEY AND LEGAL CONSULTANTS TO CONSULT INDIVIDUAL CITY COMMISSIONERS PRIOR TO SECURING CITY COMMISSION APPROVAL FOR THE FINAL SELECTION OF THE APPRAISER. ENACTMENT NUMBER: R-19-0260 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon June 27, 2019 Commissioner Carollo: Exactly. But following your train of thought there -- and I think you're going to agree with what I'm going to say -- I'd like to make a motion that we instruct the real estate component part of the team that we chose, not the stadium one. Chair Russell: Shuns. Commissioner Carollo: Shutts for the real estate side, which that's the most important part of it, by fay, to sit with the City Attorney, and for them to go over different firms, and the farther they're away from Miami, the better I like them, and then for them to sit with each of its individually and -- like, you know, this could be done quickly, so that we could then bring three firms with their recommendations to the Commission for a vote. Chair Russell: That's a direction. I don't believe we need a vote on that. I think if we direct them to do that, they'll do it. Yes? Commissioner Reyes: Mr. Chairman? Commissioner Carollo: I want to make sure that we have a majority in agreement to that. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. And Commissioner Carollo, think about this. How about if we get Procurement to look into a list of available and reputable appraisers in the State of Florida, and they pick --? City of Miami Page 322 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: Well, the problem, Commissioner, is that based on your own statements, based on Commissioner Gort's own feelings, and I think the farthest away that we bring this from the Administration, the better -- Commissioner Reyes: Yes. Commissioner Carollo: -- everyone's going to feel -- Commissioner Reyes: State of Florida. Commissioner Carollo: -- when we get a number back. Commissioner Reyes: Yes, but that's why I say, State of Florida. Chair Russell: All right. Commissioner Carollo: I want to be able to get a number that we all can believe in on this project, whatever it is. Commissioner Reyes: Yep. Chair Russell: Of course. Now, if -- understood. So would you like to make a motion to that effect? Commissioner Carollo: I'll make a motion to that effect. Chair Russell: There's a motion directing the City Attorney to work with Shutts to come back with a pool for us. Commissioner Reyes: Which are -- Commissioner Carollo: And before we -- meet with all of us to let us know the firms. Commissioner Reyes: For the record, I had my objection on picking Shutts, because of the dealing with Cuba. Chair Russell: Ah, yes. Commissioner Reyes: And even though it is -- we have two resolutions and one statute, the City Attorney picked it, which I think that it was wrong. But by the way, I mean, I -- Chair Russell: I just need to know if there's a second to this motion. Commissioner Reyes: Yeah, I will second it. Chair Russell: Okay, moved and seconded. Is there further discussion? Commissioner Reyes, you had more to say? Commissioner Reyes? Commissioner Reyes: Yes. Chair Russell: Were you finished? I just wanted to get the second on the record. Commissioner Reyes: Yes, I finished. Thank you very much for worrying if I finish or not. Chair Russell: Any time; almost anytime. City of Miami Page 323 Printed on 09/24/2019 City Commission Meeting Minutes June 27, 2019 Commissioner Carollo: You know, he wouldn't have been like that with you if you would had two -- both hands today. Chair Russell: I'm a little slow today; I apologize. Commissioner Carollo: They're taking advantage of you with one hand. Commissioner Reyes: Let me tell you something. I only have to hit him in one hand, and then he won't be able to fight. Chair Russell: Kick a man while he's down. Victoria Mendez (City Attorney): Commissioner— Chair Russell: We have a motion. We have a second. Is there any further discussion on the item? Is there anyone from the public who'd like to speak on this item? Seeing none, I'll close public comment. Madam City Attorney, you'd like to say something? Ms. Mendez: Yeah. I just want to make sure; these could be conference calls, right? They could call you and we can, you know -- Commissioner Carollo: Well, this could be dependent how each Commissioner want it. Chair Russell: Yeah. Commissioner Carollo: With me, I prefer to see people face to face so I could look at their eyes. Ms. Mendez: Okay. Chair Russell: I'm -- yes; however each Commissioner wants. There's a motion. There's a second. Any further discussion on the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. ADJOURNMENT The meeting adjourned on Friday, June 28, 2019, at 1:29 a.m. City of Miami Page 324 Printed on 09/24/2019